New York Misuse of Tools Injury Lawyer
Accidents happen all the time. According to the Centers for Disease Control and Prevention (CDC), there were 243,039 injury-related deaths in the United States in 2017. For injuries of all types, there were 43.2 million emergency room visits in 2017, all at a cost of tens of billions of dollars to society on top of the incalculable emotional harm suffered.
Work in the construction industry causes hundreds of thousands of injuries and thousands of deaths every year. The Occupational Health and Safety Administrations (OSHA) reported 5,250 people were killed while working in 2018, mostly as a result of falls, electrocution, and injuries caused by the misuse of tools.
Contact Friedman & Simon, L.L.P. for assistance if you have been injured on the job anywhere in the five boroughs of New York City or Long Island. One of our goals is to make the process of obtaining effective legal representation as easy as possible for you. In keeping with that objective, we can meet with you at whatever location is most convenient for you, whether it is in the hospital, at your home, in our office or elsewhere. Call (516) 932-0400 today for a free case review. If you qualify, our injury lawyer for construction accidents caused by the misuse of tools will help with your case.
Crushed bones, amputated body parts, burns, and blindness are just some of the injuries that moving machine parts cause in the workplace. Machine safeguards are essential for protecting construction workers from these and similar preventable injuries. Machine parts, functions, or processes that have the potential to cause an injury must have the appropriate safeguards in place, mandated by law.
There are several types of guarding used, depending on the type of work being performed and the kind of machine. Barrier guards, double-hand tripping devices, and electronic safety devices are examples of machine guards. Single or multiple machine guards must be provided to protect machine operators and others from hazards, such as nip points, rotating parts, and flying chips or sparks. Guards are also needed to cover blades and to prevent machines from moving or rolling.
Guards must also be affixed to machines where needed and secured to the machine at other points if attachment to the machine itself is not possible for whatever reason. The guard used should not cause a hazard itself and must conform with appropriate standards. Special tools for managing materials used in the operation of a machine are used only as a supplemental protective step and but not in place of guarding itself.
Commonly Misused Tools and Common Injuries
OSHA classifies the misuse of tools as one of the causes of construction site deaths. Tools that are commonly misused and cause construction deaths and injuries include:
- Cutters and shears
- Presses and forming rolls
- Milling machines
- Power saws, jointers, and general woodworking tools
- Portable power tools, such as drills, nail guns, saws, and side grinders
- Barrels, containers, and drums
- Hand tools
- Jacks and hydraulic tools
- Air compressors
- Forging machines
Depending on how an accident occurs, misusing the tools above may result in:
- Lost body parts
- Face and mouth injuries
- Crushed body parts
- Broken or fractured bones
- Brain and head trauma
- Internal body damage
Understanding Injuries and Liability
Employers and construction property owners owe their workers a duty of care. They must provide their workers with basic safety and security within the work environment. A failure to do so is tantamount to negligence, and an at-fault employer or construction property owner is liable for the injuries, damages, or losses suffered by victims as a result of such negligence.
The machine guarding rules outlined above are mandated by OSHA. A failure to meet these compliance standards is proof of negligence. However, for machine accidents and accidents caused by the misuse of tools, there is more to compliance than guarding. Proper hazard communication, training, first aid, and other safety measures must also be provided.
For example, machine guarding rules are outlined in OSHA standard 1910.212, but first aid (Standard 1926.23), illumination (Standard 1926.26), and general rules of construction (Standard 1926.16) must also be implemented at applicable workplaces.
New York law provides Workers Compensation as a form of relief from economic harm for employees injured by the negligence of their employer or a fellow employee. However, a worker injured in the course of employment can file a lawsuit for personal injury against a third party that owed you a duty of care and whose actions caused you injury. In certain construction site accidents, an owner or general contractor may have statutory liability for the harm suffered by an injured worker even if the owner and GC were not negligent. Based on the specifics of your case, Friedman & Simon, L.L.P. will vigorously prosecute your personal injury claim if the facts warrant it. Call (516) 932-0400 to see if our injury lawyer for construction accidents caused by the misuse of tools will assist with your case.
Filing a Claim
Filing a personal injury claim requires that you:
- Show you suffered losses or injuries in an accident
- Identify the at-fault parties you hold responsible for the accident
- Provide proof of your losses
- Estimate the value of your claim
- File a claim within the appropriate statutes of limitations
- Negotiate with insurance adjusters and/or the at-fault party
When you reach out and retain our services to fight on your behalf, our team will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
There is no reason you should have to suffer the financial costs of your injuries if they were caused by the recklessness, negligence, or incompetence of another party. As mentioned above, a party or parties may be found liable to you legally and financially by statute, even if their actual conduct was not a factor in causing your accident. This is just one reason why the unique circumstances of your case must be carefully reviewed to determine the best possible strategy to recover the best outcome for you. Financial outlays for treatment add up, and you will likely be faced with significant pain and suffering as well. Please contact Friedman & Simon, L.L.P. at (516) 932-0400. Our injury lawyer for construction accidents caused by the misuse of tools will evaluate your case, determine if you have grounds for a claim, and assist you with your next steps. Our staff can even answer your questions in Spanish, Greek, Bengali, Tamil, and Kannada.