Our New York crane accident attorneys represent victims who have been seriously injured in construction-related incidents. Accidents involving heavy machinery, such as cranes, can cause serious harm. The debilitating injuries suffered in heavy machinery accidents often force victims and their families to face financial hardships. For instance, injured construction workers may suffer lost wages due to time missed at work, as well as high medical bills not covered by insurance.
Victims of crane accidents who have experienced any of the aforementioned financial hardships should seek the counsel of an experienced crane accident attorney. At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, we understand how difficult the time following a construction accident can be on victims and their families. Our ultimate goal is to help construction accident victims and their families get their lives back on track. As a result, we are committed to seeking maximum compensation for all of our clients.
Do I Have Grounds For A Crane Accident Lawsuit?
Our New York crane accident attorneys can review your case to determine whether you have a valid claim for a lawsuit. Under New York Labor Law 241(6), construction workers who have suffered an injury due to an accident with heavy machinery while demolishing or constructing a building may have legal recourse against the general contractor or owner of the property on which the accident occurred. This law places the responsibility of maintaining a reasonably safe worksite on owners and contractors. Owners and general contractors may be vicariously liable for any violations of regulations that fall within Rule 23 of the Industrial Code. The owner and general contractor do not necessarily have to be present to have liability; they may be held liable for violations of Rule 23 of the Industrial Code that result in an injury.
Should a crane or other piece of heavy machinery fall and injure a construction worker, they may be entitled to compensation. Under New York Labor Law 240(1), property owners and general contractors often have absolute liability when a worker suffers an elevation-related injury on the worksite. Essentially, this statute provides construction workers compensation in many cases where something fell from an elevated area and caused injury. For instance, if a crane is holding a beam and that beam, or any other construction material, falls and injures a worker, that worker may be entitled to compensation if they suffered injury. Also, under Labor Law 240(1), the owner and/or general contractor may be held liable when a worker falls from an elevated worksite, including but not limited to falls from ladders, scaffolds and many other forms of safety devices and equipment.
Construction workers who have suffered an accident involving heavy machinery may also be able to file a negligence lawsuit against the individual or entity that caused their injury. In order to have a valid negligence lawsuit, the party responsible for the injury must have failed to adhere to a legal obligation or duty of care to take certain precautions in a dangerous situation. The breach in duty must have been directly responsible for the injury and caused damages.
Individuals who have been injured in a crane or heavy machinery accident due to the following may have a lawsuit:
- The crane collapsed
- The crane was not set up properly during the jumping phase
- The crane lacked the appropriate safety devices
- The operator was inexperienced
- The equipment malfunctioned
- The crane came into contact with power lines
- The crane dropped the load it was carrying
What Compensation Is Available To Victims Of Crane Accidents?
Construction workers who have been injured in a crane accident may be entitled to several types of compensation. In cases where injured workers are forced to miss extensive time at work, they may be able to collect compensation for any lost wages not covered by workers' compensation. Some injuries may cause mounting medical bills that are not covered by insurance; in these instances, injured workers may be able to collect compensation for any past and future medical bills relating to the injury. Victims may also be able to recover compensation for any lasting pain or emotional damage that results from the injury. Additionally, injured workers may be eligible for compensation for any lost union benefits.
Due to the wide variety of compensation available to injured construction workers, it is within their best interest to hire a skilled crane accident attorney. Our lawyers are adept at securing favorable verdicts and settlements for our clients.*