A caught-in/between accident involves a worker who is crushed or injured between two objects. These accidents disproportionately affect those in construction, mining, and other industries involving physical labor. They take several different forms and are the fourth most common cause of worker death in the United States. When they are not fatal, these accidents result in serious and sometimes permanent injuries.
If you or someone you love has suffered a caught-in/between accident, you’re undoubtedly overwhelmed with questions of what to do next. How will your medical and other bills be paid? What if you can’t return to work? You need a dedicated legal ally who will advocate for you and your family. You need Miller, Montiel & Strano, P.C.
What Is A Caught-in/Between Accident?
These kinds of accidents involve crushing injuries, in which a worker is caught in or caught between two objects. A caught-in/between accident can happen in one of several different ways, including:
- A structural cave-in, which traps a worker beneath debris
- Being caught in or pulled into machinery or equipment
- Being crushed between or underneath rolling, shifting, or sliding objects
- Being caught in between a vehicle and another, non-vehicle object (like a wall)
These types of accidents frequently happen in industries involving physical labor such as construction, mining, and factory work. The Occupational Safety and Health Administration (OSHA) includes caught-in/between accidents in its list of “fatal four” – the four causes of most construction fatalities.
Common Caught-in/Between Accident Injuries
While many victims of caught-in/between accidents lose their lives, not all injuries are fatal. Many, however, are permanent and irreversible. Still, others may last for a considerable amount of time and require intensive physical therapy and medical treatment before the victim can recover. Some of the most common non-fatal injuries caused by these accidents are:
- Traumatic brain injury (TBI)
- Head, neck, and spine injuries
- Bone fractures
- Compartment syndrome and extreme swelling
- Sprained, strained, and torn muscles
- Degloving injuries
- Lacerations and severe bleeding
- Soft tissue damage
- Internal organ injuries
Options For Recovering Compensation For Caught-in/Between Accidents
If your injury occurred in the course of your employment, you will have to pursue a claim through workers’ compensation. And while you cannot sue your employer due to New York workers’ compensation laws, you may be able to bring a claim against other parties who were responsible for your injuries.
For example, depending on the circumstances of your accident, you may be able to pursue legal action against the following:
- Property owners. Property owners, whether residential or commercial, are generally responsible for ensuring the premises are safe and that safety and health rules are observed. Failing this, they could be held accountable for your accident.
- Contractors or subcontractors. Similarly, the work you performed may have been for a contractor or subcontractor that failed to take steps to keep the worksite safe.
Machine, equipment, or parts manufacturer. If a machine or piece of equipment was responsible for your injury and it later proved defective in some way, you may have a legal claim.
- Mechanic or technician. These individuals are responsible for inspecting, installing, and repairing equipment and machinery. If their work was of poor quality and you were hurt because of it, you could bring a lawsuit.
- Machine operators and drivers. The (non-employed, third party) operator of the machine or driver of the vehicle that injured you may have been negligent in some way, giving rise to liability.
- City or state agencies. In many cases, governmental entities can be held liable for these kinds of accidents. But be aware that different rules apply when it comes to suing the government, so you should consult an attorney immediately.
- Insurance companies. Most of the above parties will ultimately be backed by an insurance provider. Although New York law does not generally permit you to bring a direct action against an insurance company, the insurance company will defend the case brought against any of the above and pay the damages. Winning compensation is no simple task, and requires the skill of an experienced New York construction accident attorney.
In many of these cases, there are multiple parties involved. It is important to sue all those who may be responsible for your injuries. Your attorney will work to investigate any and all parties who could be held liable. This is a critical stage of your legal claim because leaving out a responsible party can be detrimental to your claim. In addition to investigation, we conduct in-depth discovery, during the course of litigation, to confirm all responsible parties have been sued.
How Much Is My Case Worth?
Every caught-in/between accident is different. Your attorney’s job is to demand the most compensation available under law to cover not just damages (losses) you have already incurred, but those you are reasonably likely to suffer in the future. These are examples of damages for which you may be eligible:
- Medical bills, including hospitalization, surgery, adaptive medical equipment, physical therapy and rehabilitation, and prescription medications
- Lost wages due to time being hospitalized, recovering from your injuries, seeing your doctor, and other events that keep you out of work
- Lost earning capacity in the event your injuries either put an end to your career or make it impossible to return to the same level of productivity as before the accident
- Compensation for your physical and mental injuries, pain, suffering, and disabilities. These are known as non-economic damages (meaning their value is not readily calculated) but are evaluated on the seriousness of your injuries and could form the largest amount of your recovery.
- Certain wrongful death damages in the event the victim dies because of the accident
Contact Our New York Caught-in/Between Accident Attorney
Miller, Montiel & Strano, P.C. takes client representation seriously. When a client retains us, they get 100% of our focus until their case is complete. That may include visiting the client in the hospital or at home and taking calls 24/7. Paralegals do not run our clients’ cases; rather, they are handled by a partner in the firm. Clients get to know and trust us because we are proactive and give their matters the attention that we would want if we had been injured.
Contact today to get started on your caught-in/between accident.
Miller, Montiel, & Strano, P.C. help clients with their caught-in/between accident claims throughout New York including Nassau County, Suffolk County, Queens, and Brooklyn.