Saw Accident Attorney
Knowledgeable Construction Injury Lawyer Serving New York
Construction sites are some of the most hazardous workplaces in New York City and across the United States. According to the Nation’s Occupational Health and Safety Administration, about 15 percent of the people who are killed in a workplace accident each year are construction employees. Many building site incidents involve unsafe table saws, circular saws, skill saws, and other electric saws. New York victims of these events can rely on experienced construction accident attorney Michael H. Joseph, who has represented people who were injured in saw accidents for more than two decades. The construction accident attorneys at the Law Office of Michael H. Joseph have helped people hurt by defective saws in Manhattan, the Bronx, Brooklyn, Queens, Westchester, Rockland, pursue the compensation that they deserve. At the Law Office of Michael H. Joseph, PLLC, we will negotiate on your behalf and forcefully represent your interests in the courtroom. Call us today to speak with our New York City saw accidents lawyers at (212) 858-0503 or for a consultation with our Westchester saw accident attorneys call (914) 574-8330 to discuss your case.
Protect Your Rights and Seek Compensation for Your Injuries
In New York City, building sites are everywhere and saws are an integral tool that is used in many construction trades, expecially carpentry and framing. Since saws are designed to cut through many solid materials, an electric saw, circular saw, skill saw or table saw are especially dangerous pieces of construction equipment. Saws are constantly used by carpenters, demolition workers, laborers and workers performing framing. Despite the many risks inherent in using a saw at a construction site, worker safety is often sacrificed in favor of speeding a project along. For decades our New York City construction injury lawyers have represented people who were injured in construction accidents. New York has extensive regulations which require protections for worker safety and when these regulations are not followed, the general contractor and building site owner can be sued for an injured worker's personal injuries.
A FUNCTIONAL GAURD IS REQUIRED BY LAW
New York's Labor Law were enacted to provide New York construction worker with safe tools to do their job. Our New York construction accident attorneys who handle saw injury cases know that every construction worker has the right to a safe saw and the most common safety feature on the saw, which protects the worker is the gaurd. New York's Labor Law 241 requires the general contractor and building site owner to make sure that all workers on the constuction site, including subcontractor's employees have safe tools, including saws, and the Industrial Code requires that all circular saws have gaurds that cover the blade and teeth, which automatically retract to protect the worker after a cut is made. If the guard does not fully cover the blade while not in use or does not retract to protect the worker after a cut is made, that is a violation of law.
Our New York City and Westchester construction accident attorneys who handle saw injury cases know that the most common causes of defective gaurds include workers locking the guard out of position or removing the guard completely because they are pressured to work faster. Another frequent cause of guards that do not function properly is inadequate maintenance. When saws are used repetitively, after several cuts, residue begins to build up which can physically interfere with the ability of the gaurd to retract or close. Our Westchester construction injury lawyers know that a proper maintenance protocol is required to make sure that saws are kept in proper working order. For decades, it has been the good and accepted practice, to use an air gun on a regular basis to blow out the residue from the interior of the saw, so that the gaurd can close properly. If the guard, does not close properly after you make a cut and you sustained lacerations or another injury, then the project owner and general contractor are responsible and can be sued for your personal injuries. One of the most frequent cases that our construction injury attorneys have handled occurs when the guard does not properly close, and the worker puts the saw on the floor, after making a cut, then the blade continues to rotate, which causes the saw to move forward and run over the worker's toes. This is often called a running saw injury. Saw accident cases are serious since saws cut through skin, nerves, muscle, bone, tendons and ligaments and can even cause partial or complete amputations. This situation is covered under New York's Industrial Code, so if a circular or skill saw blade was not properly guarded and it ran over your foot or toes, you have a case.
Our construction injury attorneys have decades of experience in handling construction accidents, including saw cases. From our New York City office, our attorneys handle injury cases from the Bronx, Manhattan, Brooklyn and Queens. From our White Plains office, our attorneys handle cases from all over Westchester and Rockland Counties.
PRODUCT LIABILITY CASES
A defective saw that causes a construction employee to get hurt can give rise to a products liability claim. In such a lawsuit, the manufacturer or distributor of a saw can be held financially responsible for an accident if it resulted from a negligent design, an error in the manufacturing process, or inadequate testing. A manufacturing defect case occurs when a saw was not properly manufactured and that defect causes the saw to operate in a manner that injures its user. If you have a relatively new saw, which did not perform as it was expected to perform, then a manufacture error may have been the cause. Our New York attorneys who handle dangerous saw cases know that errors occur in the manufacure process or can be damaged in shipment, which can cause the saw to be dangerous. In some situations, a defectively designed product can cause someone to be seriously injured even if the device was produced according to the manufacturer’s specifications. In addition, an electric saw or other product manufacturer has a duty to provide users with adequate warnings and instructions regarding how to properly operate a piece of machinery. If a manufacturer fails to provide such information, and someone is hurt, the company may be held liable for the person’s harm in a products liability lawsuit.
As with other personal injury claims brought in New York, a person who was injured by a defective saw has up to three years from the date of the accident during which to file a products liability claim. If a lawsuit is not filed within that time frame, a victim will normally be barred from seeking damages. If you are not sure how long you have to file an injury claim, talk with a N.Y. C. saw accidents attorney to discuss your case. The attorney will be familiar with all the local laws and will make sure to get you the maximum possible settlement for your injuries. Call The Law Offices of Michael H. Joseph at (212) 858-0503 to talk with our New York saw accidents attorney.
SAW FATALITY ACCIDENTS
In some cases, a New York construction worker may suffer an untimely death as a result of a saw accident. If a laceration occurs and severs a vein, then loss of blood causes an emergent situation, which if not treated immeidately can lead to death. Another potential cause of fatality from a saw accident, can be an untreated infection that results from the underlying laceration. Although no amount of money can make up for the tragic loss of a loved one, the personal representative of someone who was killed in this unexpected way may be able to seek financial compensation for any damages that the deceased person would have recovered if he or she had survived. This may include lost wages, damages for any pain and suffering experienced by the victim prior to his or her death, medical bills, and funeral expenses. In general, a wrongful death lawsuit must be filed in a New York court within two years of the fatal accident to recover damages.
Contact an Experienced Saw Injury Attorney to Pursue Your Lawsuit
People who have suffered a serious accident while using a saw on a construction site need a dedicated personal injury lawyer on their side. From our Westchester office, The Law Office of Michael H. Joseph, PLLC, vigorously represents victims in White Plains, Yonkers, Port Chester, New Rochelle, and the rest of Westchester County, as well as Rockland County. If you have been injured in a saw accident, in Westchester or Rockland do not hesitate to call us toll-free at (914) 574-8330. Our New York City saw accidents lawyers in our Manhattan office, regularly represent personal injury vicitims from the Bronx, Queens, Brooklyn and Mahattan. For an appointment with our New York City attorneys, call us at (212) 858-0503.