Preparing your case review…
Written By
People's Justice Legal Research Team

Construction equipment and machinery accidents encompass the caught-in/between Fatal Four hazard — machinery entanglement, pinch points, crushing between equipment and a fixed structure — as well as forklift and telehandler accidents, dump truck and cement mixer incidents, and power tool failures. Caught-in/between accidents killed 21 workers in 2024. OSHA's machinery guarding standard (29 CFR 1926.300) requires that all machinery with moving parts that create cutting, shearing, crushing, or pinch-point hazards have adequate guards installed. Lockout/tagout requirements (29 CFR 1926.417) mandate that machinery be de-energized and physically locked out before any maintenance, adjustment, or unjamming operation. Construction equipment accident lawsuits can name multiple defendants: the equipment manufacturer (strict products liability if a guard was missing by design or a safety system failed), the equipment rental company (negligence for supplying poorly maintained or defective equipment), and the general contractor or equipment operator's employer for OSHA safety standard violations.

Forklift and Construction Vehicle Accidents

Forklifts, telescoping boom lifts (telehandlers), and dump trucks operating on construction sites create serious pedestrian safety hazards. OSHA's Powered Industrial Trucks standard for construction (29 CFR 1926.602) requires trained and certified operators, adequate lighting in operating areas, established pedestrian travel paths separate from vehicle traffic, and spotters for vehicles operating in blind areas. When a forklift or construction vehicle strikes a worker because adequate pedestrian separation was not established and a spotter was not deployed, the GC bears primary responsibility under OSHA standards and common-law negligence.

FAQ

Frequently Asked Questions

See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
See details below.
Related Topics

Related Pages

Parent Case

Construction Accident Lawsuit Lawsuit

Construction is one of the most dangerous industries in America. The Bureau of Labor Statistics recorded 1,032 construction fatalities in 2024, and the Fatal Four — falls, struck-by accidents, electrocution, and caught-in/between accidents — account for 65% of all deaths on construction sites. For injured workers, workers' compensation covers medical bills and a portion of lost wages, but it does not pay for pain and suffering, and it caps your recovery at scheduled benefit amounts. If a third party — a general contractor, subcontractor, property owner, equipment manufacturer, or scaffolding rental company — contributed to your injury through negligence, you may have the right to file a civil lawsuit that recovers full damages on top of your workers' comp benefits. In New York, Labor Law §240, the 'Scaffold Law,' imposes absolute liability on property owners and general contractors for gravity-related construction accidents, making New York one of the strongest states in the country for injured construction workers. OSHA inspection records and violation citations against contractors are admissible as evidence of negligence in civil litigation. People's Justice helps injured construction workers navigate both the workers' comp system and the third-party civil lawsuit — the dual-track strategy that maximizes total recovery.

View full case overview