New York Construction Machinery Accident Lawyer

Construction machinery is essential to modern building projects, but when heavy equipment is improperly maintained, inadequately supervised, or used without proper safeguards, the consequences can be life-altering. Machinery-related accidents on New York construction sites frequently result in catastrophic injuries, permanent disability, or loss of life. 

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we represent construction workers and families in serious injury and wrongful death cases involving cranes, forklifts, excavators, power tools, and other heavy machinery. These cases often involve complex questions of safety standards, equipment operation, and multi-party liability under New York Labor Law. 

 

Thomas P. Giuffra, Partner and Trial Attorney Tom-Giuffra

Thomas P. Giuffra is a nationally recognized trial lawyer who represents victims of serious machinery and equipment accidents across New York. For more than 24 years, he has held manufacturers, contractors, and property owners accountable when defective, improperly guarded, or unsafe machinery causes devastating injuries.

Thomas handles cases involving industrial machines, construction equipment, power tools, defective safety guards, and dangerous mechanical failures. His experience includes catastrophic injury litigation involving traumatic amputations, crush injuries, and traumatic brain injuries.

Among his results are significant verdicts and settlements for victims of defective equipment and unsafe worksites, including a $1.74 million verdict for a traumatic amputation caused by defective machinery and multiple multi-million-dollar labor law recoveries.

With more than 20 jury verdicts and numerous settlements exceeding $1 million, including a landmark $58 million verdict, Thomas brings proven trial strength to every case. He is an Advocate of the American Board of Trial Advocates (ABOTA) and a Fellow of the International Society of Barristers, distinctions reserved for elite trial lawyers.

When machinery fails and lives are permanently changed, Thomas builds cases designed to win, in negotiation or in the courtroom.

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How Machinery Failures and Worksite Hazards Lead to Severe Injuries 

Machinery accidents rarely occur in isolation. In our experience litigating these cases, serious injuries often result from a combination of mechanical failures and unsafe worksite practices. 

Common conditions that give rise to machinery-related injuries include inadequate training, lack of supervision, improper operation, disabled safety features, and equipment that was not properly inspected or maintained. In other cases, machinery is used in close proximity to workers without adequate exclusion zones, signaling, or coordination between trades. 

When these conditions exist, a machinery incident may not be an unavoidable accident, but the result of preventable safety failures that expose owners, contractors, and other responsible parties to civil liability. 

The Types of Equipment Most Often Involved in Litigation 

Construction machinery accidents frequently involve heavy equipment that poses inherent risks when not properly controlled or maintained.  

Based on the cases we see, litigation commonly arises from incidents involving: 

  • Cranes and hoisting equipment 
  • Forklifts and telehandlers 
  • Excavators, bulldozers, and loaders 
  • Concrete mixers and pumping equipment 
  • Power tools and cutting equipment 
  • Compactors, rollers, and paving machinery 

Each type of machinery is subject to specific safety requirements under New York’s Industrial Code, as well as manufacturer guidelines and industry standards. Violations of these requirements often form the foundation of a successful claim. 

When Construction Machinery Injuries Are the Result of Negligence 

Construction machinery injuries are considered the result of negligence when they occur because a responsible party failed to meet a legal or safety obligation, such as maintaining equipment, enforcing safety protocols, or complying with safety rules.  

In practice, negligence shows up in situations where: 

  • Equipment was defective, poorly maintained, or kept in service despite known safety issues 
  • Machinery was operated by workers who were untrained, improperly trained, or not authorized to use it 
  • Required safety devices, guards, or protective measures were missing or disabled 
  • New York Industrial Code governing machinery operation or site safety were violated 

When injuries occur under these conditions, they are treated as negligence claims where civil remedies may be available under New York Law.  

Supreme Court, New York

Determining Liability Under New York Labor Law 

Construction machinery accidents often involve more than one responsible party. New York law recognizes that safety on a construction site is shared among multiple entities, particularly when heavy equipment is involved. 

Depending on the circumstances, liability may rest with: 

  • Property owners, who have a legal duty to ensure that work on their premises is conducted safely and in compliance with applicable Labor Law and Industrial Code requirements 
  • General contractors, who are often responsible for coordinating work, enforcing safety protocols, and ensuring that machinery is used properly on the site 
  • Subcontractors, whose employees may operate, maintain, or work around the machinery involved in the accident 
  • Equipment manufacturers or suppliers when injuries result from defective design, manufacturing flaws, or inadequate warnings 
  • Third-party maintenance or service companies, when machinery was improperly inspected, repaired, or maintained 

Workers’ Compensation vs. Third-Party Civil Claims 

After a construction machinery accident, most workers are told that workers’ compensation is their only option. While workers’ compensation benefits are an important starting point, they are often limited and do not always reflect the full impact of a serious machinery-related injury. 

In many cases, a construction machinery accident involves parties other than the injured worker’s direct employer. This may include property owners, general contractors, subcontractors, equipment manufacturers, or companies responsible for inspecting or maintaining the machinery. When the negligence of one of these third parties contributed to the accident, New York law may allow an injured worker to pursue a separate civil claim. 

These third-party lawsuits can provide access to compensation that workers’ compensation does not cover, such as pain and suffering and full lost wages. For workers facing long-term injuries or permanent limitations, this distinction can make a meaningful difference. 

An experienced NYC Construction accident lawyer can help evaluate whether a machinery accident involves viable third-party claims under New York law and explain how those claims may fit alongside workers’ compensation benefits. Contact us for a complimentary consultation today. 

Relevant New York Labor Laws in Construction Machinery Accident Cases 

If you were injured while working around construction machinery, the legal rules that apply to your situation are set by New York labor laws that govern construction site safety. 

The statutes most commonly involved in machinery-related injury cases include: 

  • Labor Law §200 requires property owners and contractors to provide a reasonably safe work environment. In machinery accident cases, this law may apply when an injury results from unsafe site conditions, defective or poorly maintained equipment, or inadequate supervision and control over how the work was performed. 
  • Labor Law §241(6) goes a step further. It requires owners and contractors to follow specific safety rules in the New York Industrial Code. Many of these rules directly address how construction machinery must be operated, inspected, and safeguarded. When a violation of an applicable Industrial Code provision contributes to a machinery-related injury, this law may support a civil claim under the New York Industrial Code 
  • The New York Industrial Code contains detailed safety regulations applicable to construction sites throughout the state. These regulations govern a wide range of machinery, equipment, and work practices and are frequently examined in construction machinery accident litigation. 

Construction Machinery Commonly Involved in Serious Accidents 

Construction sites rely on heavy machinery to move materials, lift loads, and perform specialized tasks. When this equipment is improperly maintained, poorly operated, or used without adequate safety measures, the risk of serious injury increases significantly. 

In our experience handling construction accident cases, machinery-related injuries frequently involve: 

  • Cranes and hoisting equipment, including tower cranes, mobile cranes, and rigging systems 
  • Forklifts and telehandlers, often used in tight or congested work areas 
  • Excavators, bulldozers, and loaders, which pose crush and rollover hazards 
  • Concrete pumps, mixers, and finishing equipment 
  • Power tools, such as saws, grinders, and cutting equipment 
  • Compactors, rollers, and paving machinery 
  • Aerial lifts and scissor lifts used to access elevated work areas 

Each type of machinery is subject to specific safety rules under the New York Industrial Code, as well as manufacturer requirements and industry standards. Accidents often occur when those requirements are ignored or improperly enforced. 

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Catastrophic Injuries Caused by Construction Machinery Accidents 

Because of the size, weight, and force involved, construction machinery accidents often result in severe and life-altering injuries. These injuries can affect a worker’s ability to return to work, live independently, or maintain long-term financial stability. 

Common injuries seen in machinery accident cases include: 

  • Crush injuries, including injuries caused by being pinned between equipment or structures 
  • Traumatic amputations involving limbs, fingers, or toes 
  • Traumatic brain injuries (TBI) from impact or falling objects 
  • Spinal cord injuries, which may result in partial or complete paralysis 
  • Severe fractures and orthopedic injuries requiring surgery or long-term rehabilitation 
  • Internal injuries and organ damage caused by heavy impact 

These types of injuries often lead to extensive medical treatment, prolonged recovery, and permanent limitations. As a result, construction machinery accident cases frequently involve significant damages and complex legal claims. 

What to Do After a Machinery-Related Injury on a Construction Site 

The steps taken after a machinery accident can have a significant impact on a future claim. When possible, injured workers should seek immediate medical attention and ensure that the incident is properly reported. 

From a legal standpoint, it is important to preserve information about the machinery involved, including its condition, ownership, maintenance history, and how it was being used at the time of the incident. Photographs, witness information, and incident reports may later become critical evidence. 

Because construction sites change quickly, evidence related to machinery accidents can be lost or altered if not addressed promptly. 

Compensation Recoverable in a Civil Construction Accident Claims 

A serious machinery accident can affect far more than a person’s ability to return to work. Medical care, time away from employment, and lasting physical limitations can place enormous strain on injured workers and their families. Civil construction machinery accident lawsuits are intended to address those losses by allowing injured workers to seek compensation that reflects the full impact of their injuries, including: 

  • Past and future medical expenses 
  • Lost wages and diminished earning capacity 
  • Pain and suffering 
  • Long-term disability and loss of quality of life 

In fatal machinery accidents, surviving family members may also pursue wrongful death damages to account for the financial and personal losses caused by the death of a loved one. 

Why Construction Accident Lawsuits Require Experienced Legal Representation 

Machinery accident litigation is often technically complex. These cases may require engineering analysis, expert testimony, review of safety standards, and coordination among multiple defendants with competing interests. 

Establishing liability often depends on understanding how machinery should have been operated, what safety rules applied, and who had responsibility for enforcing those rules at the worksite. 

How Rheingold Builds a Strong Machinery Accident Case 

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we bring decades of experience handling serious construction accident cases in New York. Our attorneys work closely with engineers, safety professionals, and medical experts to investigate machinery failures and identify responsible parties. 

We approach each case with the resources and attention required to litigate complex Labor Law claims and pursue meaningful compensation for injured workers and their families. 

If you or a loved one was injured in a construction machinery accident, we are prepared to review your situation and explain your legal options under New York law. 

We’re ready to stand for the rights and interests of workers. Call us at (212) 684-1880 today or complete this form to send us a message.