Caught between a forklift and a wall. Arms pulled into a machine. Pinned between a truck and a loading dock. Crushed by an unguarded conveyor. Trapped in a collapsed trench. 'Caught-in / between' is one of OSHA's four leading causes of construction deaths. Most of these accidents trace to inadequate machine guarding (29 CFR 1910.212) — a fact pattern that supports both (6) and direct product-liability claims.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Site safety logs, OSHA accident reports, GC and sub-contract chain, fall-protection equipment (preserved), and witness statements from co-workers. Immigration status is NEVER discoverable.
Owner/GC carriers know is strict. We document the gravity-related elevation differential and the inadequate-or-missing safety device — and negotiate against $5M+ wrap-up policies.
construction-injury claims often go to summary judgment on liability. Then we try damages only. Powerful procedure when it applies.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
OSHA 29 CFR 1910.212 requires guards on every machine that exposes a worker to pinch points, rotating parts, or in-running nips. If the guard was removed (a common shortcut), missing from manufacture (a product defect), or maintained inadequately, the case has clear liability. We preserve the equipment, photograph the missing guard, and identify the responsible party — operator, employer, or manufacturer — before evidence disappears.
You can collect Workers' Comp from your employer AND sue the property owner and general contractor under NY's scaffold law. Two recoveries from two different defendants. We handle both.
NY courts have ruled (Balbuena v. IDR Realty) that immigration status does not bar a construction-injury claim and is generally NOT discoverable. We protect that from day one.
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