Staten Island Worker Compensation for Heavy Machinery Accident Lawyer

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Worker's Compensation Lawyer for heavy machinery accident in Staten Island

Numerous industrial occupations involve the use of hazardous heavy machinery, which can lead to devastating accidents. Injuries sustained in such incidents often require a significant amount of time to heal and can have lifelong consequences. At the law offices of Gabriel Legal, we are workers’ compensation lawyers serving Staten Island and the entire state. 

 

We have successfully handled numerous cases, helping our clients secure the compensation they deserve. If you have been injured in a heavy machinery accident at work, you may be eligible for workers’ compensation. We will guide you through your legal options and assist you in building a strong case. Contact us if you know someone who has suffered from a heavy machinery accident.

Types of Injuries Caused by Heavy Machinery Accidents

A substantial number of workers who file for workers’ compensation have sustained injuries in machinery accidents. These industrial machines can cause severe and life-altering injuries. While the causes of these accidents may vary, the consequences of recovery remain the same. Common injuries resulting from machinery accidents include:

  • Scars
  • Disfigurement
  • Broken Bones
  • Concussions
  • Burns
  • Crushed or severed limbs
  • Death

Workers’ compensation was established to alleviate the financial burden on employees from job-related injuries from day one of their employment. You do not need to prove fault to receive this type of compensation. If you have been injured on the job, we are here to assist you. Our goal is to handle your case so that you can focus on your recovery at home.

 

Contact a Staten Island Heavy Machinery Accident Lawyer

 

Staten Island is home to various industrial companies, given its status as a major hub. As a result, workplace accidents are prevalent in our city. Additionally, there are numerous agricultural companies outside the city that also experience their fair share of industrial accidents. Regardless of the industry you work in, we are here to support you. If you have been injured in a heavy machinery accident, it is crucial to reach out to us immediately. The sooner we start building your case, the sooner you can receive your settlement.

 
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Staten Island Worker Compensation Practice Areas

Can Filing a Claim Help You? Consult a Workers' Compensation Lawyer for Heavy Machinery Accidents

Many victims of heavy machinery accidents solely rely on workers’ compensation, assuming it will cover all their medical bills and damages. However, workers’ compensation benefits may not be sufficient to address all the financial burdens caused by your accident. If someone else’s negligence contributed to your heavy machinery accident, filing a personal injury claim could provide additional compensation for your injuries and losses. In New York State, you cannot sue your employer for workplace accidents, but you can file a claim against a third party responsible for the accident. For instance, if the accident resulted from inadequate maintenance of the industrial equipment by a contractor, you can pursue a lawsuit against them. By filing a personal injury claim, you may recover damages beyond your workers’ compensation benefits, including lost wages and pain and suffering. To determine the compensation you’re eligible for, it is essential to have your case reviewed by an experienced attorney. Schedule your appointment today for a comprehensive evaluation.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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Common Types of Heavy Machinery Accidents and Causes

Heavy machinery accidents are prevalent in various work settings, such as construction sites and plants. These accidents can occur due to factors like poorly trained operators and mechanical failures. Some of the commonly involved machinery includes:

  • Loaders and Backhoes
  • Bulldozers
  • Combines
  • Tractors and Other Farming Equipment
  • Cherry Pickers
  • Excavators
  • Dump Trucks
  • Warehouse Equipment
  • Industrial and Factory Machinery

Causes of heavy machinery accidents may include collisions with other equipment, dropping loads, failure to check blind spots, poor maintenance, falling objects, and operator errors. 

According to the U.S. Occupational Safety and Health Administration (OSHA), heavy machinery accidents are a leading cause of severe workplace injuries and fatalities.

Frequently Asked Questions about Heavy Machinery Accidents

How long do I have to file a workers’ compensation claim?

The timeframe for filing a claim varies by state statute. In New York State, you must report the accident to a coworker or supervisor within 30 days. Your employer is required to make a written report, and you have one year from that date to file your workers’ compensation claim.

 

Will a heavy machinery accident attorney work on a contingency fee?

Most personal injury lawyers operate on a contingency fee basis. You only pay your attorney if you receive a settlement. This fee arrangement ensures that your attorney is dedicated to achieving a favorable outcome for your lawsuit.

 

Is it possible for my workers’ compensation claim to be denied?

Yes, your employer and their insurers may deny your workers’ compensation claim. In such cases, it is advisable to hire an attorney who can guide you through the process of appealing the denial and pursuing the benefits you deserve.

 

What happens if my claim has been denied?

If your claim is denied, it doesn’t mean you won’t receive benefits. Contact an experienced attorney promptly to explore your options. You have a limited window to appeal the denial.

 

Can I file a workers’ compensation claim and a personal injury lawsuit?

Yes, you can file both a workers’ compensation claim and a personal injury lawsuit if your injuries resulted from someone else’s negligence. Workers’ compensation claims generally provide quicker payouts, so it’s recommended to initiate both processes as soon as possible. Your attorney will guide you through the necessary steps.

Frequently Asked Questions

Hiring a Heavy Machinery Accident Attorney

When seeking legal representation for a heavy machinery accident, it’s crucial to choose an attorney with experience in handling such cases. Thoroughly research your options to ensure you select a qualified attorney. Our law firm has a proven track record of successfully handling numerous cases and securing high settlements for our clients. We are dedicated to helping you receive the settlement you deserve.


Contact Gabriel Legal Injury Lawyers

Your settlement is vital for rebuilding your life, and we are committed to handling your case. Our priority is to ensure you can focus on your recovery without worrying about financial stress. 


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Determining Liability in an Staten Island Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in Staten Island after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Staten Island

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Staten Island Worker Compensation for Heavy Machinery Accident Lawyer

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

Please enable JavaScript in your browser to complete this form.
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