According to the Occupational Safety and Health Administration (OSHA), one out of ten construction site workers are injured every year. The Bureau of Labour Statistics (BLS) also reported that roughly 150,000 accidents occur every year on construction sites and a significant number was caused by being run over equipment.

In a bid to mitigate the occurrence of accidents on construction sites, OSHA put a variety of safety regulations in place. Unfortunately, despite these regulations, many construction companies fail to follow the safety regulations and accidents occur.

In New York, many construction workers suffer injuries and/or die as a result of being run over by equipment such as dump trucks, front end loaders, forklifts and backhoes. 

For the most part, these accidents occur as a result of the following:

• Negligent and careless operation of vehicles and equipment
• Negligent maintenance of equipment
• Inadequate supervision on construction sites

If you or a loved one has suffered injuries from being run over by equipment due to the negligence of someone or some people in the chain of command, you can hold them accountable. At Oshan and Associates, we go the extra mile to ensure that you get the compensation you deserve when you are unjustly injured by another party’s negligence. 

Who should I hold responsible for my run over by equipment accident?

Establishing liability in a construction site accident will require some investigation. This is because accidents due to equipment can happen for different reasons. The accident could be because of the negligent behaviour of the person at the controls. It could be because of poor maintenance of the equipment. It could also be because of cost-cutting decisions made by management which allowed known faulty equipment to continue to be used.

Some times, however, the fault may not come from the construction companies, but the manufacturers of the equipment. They will be liable if the design of the equipment was defective or substandard parts were used in the equipment, thus causing the equipment to fail.

Other times, the fault could lie with the operator of the equipment if he or she was aware of a malfunction with the equipment but continued to use it anyway.

A proper investigation will determine where the fault lies, thus determining who to hold liable for your injuries.

How can I get compensation for being run over by equipment?

If you or your loved one has suffered injuries from being run over by equipment, you can get compensation in any of the following ways:

• You can get compensation through your employer's worker's compensation insurance. Your employer must carry adequate worker's compensation insurance. This will help pay for your medical bills and lost wages - even if no one was found to be at fault for the accident. As long as the accident happened while you were on the job, you can file the claim.
• If the accident was the result of a party’s negligence, then you should file a liability lawsuit. To do this, you should hire a personal injury lawyer who has experience in construction site accidents. Your lawyer will file the claim for you and get you compensation for the pain and suffering you had to endure.
• You can file a third-party liability claim. This comes into play when the party at fault does not work for your employer. If the equipment had a manufacturing defect, the manufacturers of the equipment would be a third party. Thus you can file a third-party liability claim against them.

We can be of help

Your employers have to ensure your safety while you are in their employ. When they fail to do so, they must be held liable - and we can help you do so. If you or your loved one has been injured by being run over by equipment, contact us at Oshan and Associates today to get an accurate evaluation of your case and the options available to you. 

 

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