Content reviewed by:
Alex Shulman
If a machine injured you at work, the consequences can affect your health, income, and ability to return to your job. When this happens, understanding your rights under New York law is important.
At Shulman & Hill, we have over 200 years of combined legal experience. Our Yonkers machinery accident lawyers represent workers throughout Westchester County.
If you would like to understand the legal options available after a machinery injury, our team can review your situation and explain the next steps. Contact us to schedule a free consultation with one of our Yonkers workers’ compensation lawyers.
How Our Yonkers Machinery Accident Lawyers Build Your Case
We start by gathering the records tied to the equipment that injured you. This can include maintenance and inspection records, safety policies, training materials for machine operators, and any reports prepared after the incident. These documents often reveal whether proper safeguards were missing or whether the equipment had known problems.
When a machine itself may have contributed to the injury, our Yonkers personal injury lawyers may also work with engineers or safety specialists who can examine the equipment and explain what went wrong.
That information helps us protect your workers’ compensation claim while also determining whether another party may be legally responsible for the harm you suffered.
Who is Liable and When Can You Sue After a Machinery Accident?
Workers’ compensation typically provides the primary path to medical treatment and wage replacement after a workplace injury. Under New York law, most employees cannot file a negligence lawsuit against their direct employer.
However, responsibility for a machinery accident may extend beyond the employer. Other parties involved in the worksite or equipment supply chain may share responsibility when unsafe conditions contribute to the injury.
Determining who may be legally liable often requires reviewing equipment ownership, maintenance records, and the contractual responsibilities of companies working at the site.
When a Defective Machine or Contractor Is at Fault
In some cases, a third–party lawsuit may be possible if another party’s actions contributed to the accident. This could include equipment manufacturers, maintenance contractors, property owners, or general contractors responsible for jobsite safety.
For example, a claim may arise if a machine contained a defective safety feature, lacked proper guarding when manufactured, or was improperly serviced before the accident occurred.
Construction workers may also have claims under New York Labor Law §§ 240 or 241, which provide additional protections when safety violations occur on construction sites.
Evidence That Strengthens a Machinery Accident Claim
Records created after a machinery accident can clarify what happened and whether safety rules were followed. Incident reports, OSHA findings, maintenance logs, and inspection records often show whether the equipment was properly maintained and guarded.
Witness statements can be especially important on job sites where multiple companies are working at the same time. Service histories and repair records may also reveal whether the machine had prior issues or unsafe modifications.
Medical documentation must also connect the accident to your injuries. Our Yonkers machinery accident attorneys work with treating physicians to ensure records clearly explain how the incident occurred and, when appropriate, obtain impairment evaluations such as a Schedule Loss of Use assessment under New York workers’ compensation rules.
Workers’ Compensation Benefits Available in New York
If you were injured by machinery while working in Yonkers, New York workers’ compensation is usually the first source of financial support available to you. These benefits are designed to ensure that injured workers receive medical care and partial income replacement while they recover.
When a workers’ compensation claim is approved, the benefits available to you may include:
- Medical treatment related to the injury, including surgery, hospital care, therapy, prescriptions, and follow-up visits with authorized providers.
- Weekly wage replacement payments if your injuries prevent you from working or limit the type of work you can perform.
- Reimbursement for certain travel expenses related to medical appointments.
- Schedule Loss of Use awards when a permanent injury affects an arm, leg, hand, foot, or other body part recognized by the Workers’ Compensation Board.
- Disability classifications that may provide ongoing payments if your injury permanently limits your ability to work.
These benefits are calculated using your average weekly wage and the degree of disability assigned by medical providers and recognized by the Workers’ Compensation Board.
Important Workers’ Compensation Deadlines in New York
After a workplace accident, several important deadlines apply under New York law. Workers generally must notify their employer of the injury within 30 days of the incident.
A formal workers’ compensation claim must typically be filed with the Workers’ Compensation Board within two years of the accident or the date when the injury was discovered to be work-related.
If another party may be responsible for the accident, separate deadlines apply to personal injury lawsuits. These civil claims generally must be filed within three years of the accident, although claims involving public entities may require earlier notice.
Handling IMEs, Denials, and Return-to-Work Challenges
Insurance carriers frequently request Independent Medical Examinations (IMEs) after a workplace injury. These examinations are conducted by doctors selected by the insurance company and may influence how benefits are calculated.
If the insurance carrier disputes the injury or attempts to reduce benefits, the case may proceed to a hearing before a Workers’ Compensation Law Judge. Medical evidence and testimony from the treating physician often play an important role in resolving these disputes.
Return-to-work issues can also arise when employers offer modified or light-duty positions. In these situations, it is important to ensure that any work offered complies with your medical restrictions.
Speak With a Yonkers Machinery Accident Attorney
A machinery accident can leave you facing serious injuries, medical treatment, and uncertainty about your ability to continue working. Understanding the benefits available through workers’ compensation and any additional legal options can help you make informed decisions about your recovery.
At Shulman & Hill, our attorneys represent injured workers across Yonkers and Westchester County in complicated workplace injury cases. We review the facts of each accident carefully and help workers pursue the benefits and compensation available under New York law.
If you were injured by industrial machinery, you can contact our office to schedule a free consultation with one of our machinery accident attorneys in Yonkers.
