Pile driver accidents are among the most serious hazards on NYC construction sites, which is why it’s so important to understand your rights and what steps to take next if you or a loved one is involved in a New York pile driver accident.
To that end, if you need legal help after your pile driver accident, call the seasoned New York City construction accident attorneys of Schwartzapfel Lawyers at 516-342-2200 for a free consultation and peace of mind.
How Common Are Pile Driver Accidents?
Pile driver accidents pose a significant risk on many construction sites. Moreover, pile driver accidents can happen due to malfunctioning equipment, human errors, or even uncontrollable situations like weather conditions. And while safety measures are meant to prevent pile driver accidents, they don’t always eliminate the risk completely.
As such, it’s important for workers to be properly trained in safely handling pile drivers and their many potential hazards. Mandatory safety checks and routine equipment maintenance can reduce the risk. However, even with the most stringent precautions, accidents can still occur, causing harm to workers and setbacks in projects.
What Kind Of Injuries Can A Pile Driver Accident Cause?
Pile driver accidents can lead to a variety of injuries. Ranging from minor to severe in nature, common injuries caused by pile drivers include but aren’t limited to:
Fractures, Sprains & Broken Bones
The massive amount of force involved in any collision or machinery accident can lead to serious fractures, sprains, and/or broken bones. Depending on the extent of the injury, any one of these may require extensive medical treatment and rehabilitation to heal properly.
Back, Neck & Head Injuries
Being struck by a pile driver or hit with debris from a pile driver can cause severe back, neck, and/or head injuries. Pile drivers are very powerful pieces of equipment, and being struck by the arm of the pile driver or hit with a pylon at full force can be seriously devastating. Moreover, if these injuries worsen over time, they can lead to invasive surgeries and extensive medical treatment. In fact, in severe cases, they can even trigger premature death.
Crush Injuries
Crush injuries occur when a body part is trapped between two objects applying force, such as a pile driver and another piece of equipment. The pressure can potentially damage skin, muscles, bones, and internal organs.
In severe cases, crush injuries can cause complications like compartment syndrome, a dangerous condition where increased pressure in a muscle compartment causes severe muscle and nerve damage. Moreover, if the injury is severe enough, it may necessitate amputation to save the individual’s life.
Spinal Cord Injuries
Spinal cord injuries can occur when a worker is crushed by heavy equipment like a pile driver. Depending on the severity and location of the damage, it can lead to paralysis (either temporary or permanent), altered sensation, and/or loss of movement control. Such symptoms can drastically alter a person’s life, affecting their ability to work, perform daily tasks, and handle routine activities like getting dressed, doing the dishes, or maintaining the yard — things we often take for granted when healthy.
Lacerations & Abrasions
Sharp edges and debris can inflict serious cuts and scrapes. While some of these wounds may seem minor, they pose a significant risk of infection if not promptly and properly treated. Deep lacerations can also damage tendons, nerves, and blood vessels, requiring surgical intervention.
Hearing Loss
Pile drivers generate high decibel levels of noise, which can be harmful over prolonged periods. Long-term exposure can lead to noise-induced hearing loss, a condition that often develops gradually and can be temporary or permanent.
Workers may also experience tinnitus (a constant ringing in the ears) or have difficulty hearing conversations in noisy environments. Over time, this can significantly impact a person’s quality of life and ability to communicate effectively.
For more on this at no charge, call Schwartzapfel Lawyers at 516-342-2200 today! Alternatively, please keep reading.
Musculoskeletal Disorders
Repeated physical activity, heavy lifting, and the vibration from operating heavy machinery can lead to musculoskeletal disorders over time. To illustrate, these include conditions such as tendinitis (inflammation of a tendon), carpal tunnel syndrome (pressure on a nerve in the wrist), and back injuries. What’s more, these disorders can result in chronic pain, limit mobility, and undermine a worker’s ability to perform their job effectively, if at all.
What Should You Do If You’re Injured In A Pile Driver Accident On The Job?
If you’re injured in a pile driver accident, the situation should be treated like an emergency. Even if you think you weren’t hurt that badly, you may have a concussion or an internal injury that isn’t obvious right away. Prioritize your health first, then take the next steps outlined in this section.
Go To The Emergency Room
If you were involved in a pile driver accident, you need to go to the emergency room immediately. You’re entitled to receive emergency medical treatment, even if you don’t believe you were seriously hurt. You probably won’t know the real extent of your injuries until a trauma doctor examines you.
Don’t wait to go to a workers’ compensation doctor, even if your employer tells you to do so. You’re allowed to seek emergency treatment first and see a Workers’ Compensation doctor after you’re discharged from your emergency evaluation.
Speak With A Skilled Workers’ Compensation Attorney
The award-winning New York City workers’ compensation attorneys at Schwartzapfel Lawyers can help you obtain the compensation you’re owed through workers’ compensation. Call 516-342-2200 today.
Report The Accident
Even if your boss witnessed the accident, you still need to file a formal report for your record. In New York, you usually have (30) days to report a work-related injury to be eligible for Workers’ Compensation Benefits. Don’t delay filing a report.
If your employer tells you that you don’t need to file a report or tries to talk you out of filing a report, they’re incorrect. You should typically insist on a formal report as soon as possible.
Keep Your Documents
Keep a record of the accident details (or a copy of your formal injury report), medical records (like x-ray or MRI results), and medical bills. You’ll need these documents to file a workers’ comp claim.
How Do You File A Workers’ Compensation Claim In New York After A Pile Driver Accident?
Filing a workers’ compensation claim in New York isn’t complicated, but it may take a while for your claim to be processed. While you technically have up to two (2) years after reporting your injury to file a claim, it’s best to start the process as soon as possible.
Notify Your Employer
Your formal report to your employer is the first step in filing your workers’ compensation claim. Your employer is required to share your injury report with workers’ compensation as part of the verification process. Workers’ comp often wants to check the dates to make sure you reported your injury in a timely manner and that you’re still within the active claims period.
See An Authorized Doctor
You need to be evaluated by a doctor approved by the workers’ compensation board, even if you’ve already been treated by your primary doctor, urgent care, or an emergency room doctor. You can often use your medical records from your other treatments or appointments, but Workers’ Comp usually also need to see a report from one of their authorized providers.
Submit Your Claim To Workers’ Comp
Complete and submit your workers’ comp claim paperwork. Include all relevant documents, including a copy of your injury report, medical bills, and medical records you have as a result of your pile driver accident. Note: This documentation typically includes treatments and visits that weren’t with a workers’ compensation doctor. Moreover, you should know that you may still be compensated for your initial emergency room or urgent care visit.
Keep In Contact With The WCB
The Workers’ Comp Board (WCB) often asks for additional information. They may want you to have additional medical tests or evaluations done before they make a decision on your case.
As such, it may serve you well in the long run to routinely check your emails and voicemail to ensure you haven’t missed any communication from them. Remember, staying on top of the situation can prevent unnecessary delays and help your claim succeed.
Review Your Workers’ Comp Decision
If your claim is approved, you may receive financial compensation for medical treatment, lost wages, and possible vocational rehabilitation services if you are unable to return to your previous job due to your condition.
Alternatively, if your claim isn’t approved, you should contact a skilled attorney immediately. Here, the experienced New York City construction accident attorneys at Schwartzapfel Lawyers are prepared to fight — and win! — for you.
To get started, call us now at 516-342-2200 or schedule your free consultation online today.
Do You Need Legal Assistance After Your Pile Driver Accident?
As discussed, a serious workplace injury like a pile driver accident can have devastating consequences. That said, if you or a loved one has been injured on the job or while in the performance of job-related duties, you should know that you may be eligible to collect workers’ comp insurance.
Additionally, if you’ve followed the proper steps to file a claim and were denied, you need qualified legal assistance.
The seasoned New York City workers’ compensation attorneys at Schwartzapfel Lawyers have more than (150) years of combined experience fighting and winning cases just like yours. To speak with one of our award-winning attorneys directly, call us now at 516-342-2200 for a free consultation and so much more.
But you shouldn’t wait, as your window to file a claim and recover financially may soon close forever. To keep that from happening, act now and have Schwartzapfel Lawyers fight for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Health Care Provider and IME Search | New York State Workers’ Compensation Board
