According to data released by the Bureau of Labor Statistics in November 2017, 220 crane accident deaths occurred between 2011 and 2015. Half of the fatal accidents happened due to an object striking a construction worker or the equipment itself. Accidents while maneuvering the crane and falling from the crane to a lower level made up the remaining portion of the fatalities. Thousands of severe, life-altering injuries also take place in the construction industry every year.
When an injury or death occurs at construction sites, it’s typically due to negligent use of the heavy equipment because of inadequate supervision, lack of training, and lack of access to proper safety equipment. Negligent design of a crane can also lead to a serious construction accident.
If you have been injured in a crane accident, it’s important to seek legal counsel as soon as possible. As one of the oldest law firms in the New York City area, O’Dwyer and Bernstien has represented the interests of injured workers for more than 100 years. We advise you to not accept any settlement from your employer or a third party until you establish an attorney client relationship with one of our experienced attorneys 212-517-7100.
It can feel overwhelming when it seems like you’re facing pressure from all sides and no one is there to look out for your interests. This is one reason why it’s important to secure the services of a New York crane accident lawyer as soon as possible.
Multiple parties may bear responsibility when a crane accident occurs, which means that determining liability in New York crane accidents can get complex.
Your attorney will research the following to determine liability:
- If your training to use the crane involved learning proper operation as well as its hazards and limits.
- If your employer arranged for regular inspection of boom, boom stops, cables, pulley, and sheaves.
- If you received adequate supervision on the job.
- If daily inspection of the hoisting equipment took place.
- If the manufacturer of the crane provided adequate warnings about known dangers.
- If your employer had a policy requiring immediate reporting of crane defects and regular inspections.
- If the crane owner maintained the equipment properly.
Although you have three years from the date of your accident to file a lawsuit under New York’s statute of limitations, conducting this research and gathering time sensitive information to prove your claim is quite time-consuming. The earlier you retain the services of a New York Crane accident lawyer, the more time you have available to create a compelling case against the responsible parties.
Crane Accident Liability
When a crane accident NYC occurs, the parties describe below most often bear some responsibility.
- Architect or Engineer: People in this role decide where to place the crane and must do so with worker safety in mind. An architect or engineer could also ask a crane operator to complete knowingly unsafe actions.
- Crane Owner: If the party who owns or rents the crane has responsibility for repairing and maintaining it, he or she could share liability for an accident.
- Equipment Manufacturer: Product liability laws in New York mean that the manufacturer may bear liability if the equipment fails and causes injury or death.
- General Contractor or Subcontractor: The primary responsibilities of these roles include choosing the right crane for the job, training the operators, and providing them with appropriate safety equipment. General contractors or subcontractors also arrange for periodic crane maintenance.
- Supervisors: Those given responsibility to supervise crane operators on a job site must also train them properly and ensure adherence to safety standards. Failure to do either as expected can result in a serious accident.
These parties typically have access to greater resources than an injured worker to help fight a claim against them.
Working with an experienced New York crane accident attorney levels the playing field to help you pursue rightful compensation for your injuries.
Compensation Available from a Crane Accident
Most workers in New York are eligible for workers’ compensation if they miss work or incur expenses due to an on-the-job injury. While the law doesn’t typically allow injured employees to sue their employer, several exceptions exist in the construction industry. You’re also free to pursue legal action against any third party such as the contractor or equipment manufacturer. With a successful lawsuit, you could receive several types of economic and non-economic damages.
Economic damages refer to actual monetary losses such as lost wages and expenses for medical treatment, both current and future. Non-economic damages include such things as emotional distress, loss of quality of life, and pain and suffering. While the first category is usually straightforward, the amount of compensation you receive in the second category often depends on how much sympathy the jury has for your situation. That is when you need a member of the firm known for its successful outcomes on behalf of injured New York workers presenting evidence to show the jury just how much the crane accident has impacted your life.
Contact an Experienced New York Crane Accident Attorney
Our attorneys have decades of experience representing New York workers injured by a crane or hoist. If you’re currently recovering from crane-related injuries, we invite you to contact O’Dwyer & Bernstien for a free consultation. We understand that we’re working with confidential or time-sensitive information and will not disclose anything you share with us during your initial consultation.
Although our law firm can’t guarantee a specific amount of compensation, we want you to feel confident that you’re working with experienced professionals.
We have an excellent reputation for securing substantial verdicts for our clients, including the following:
- $7,000,000 on behalf of an ironworker who had an improperly hoisted load fall on him. He required multiple surgeries for his severe back injuries.
- $4,500,000 on behalf of an ironworker due to an accident that involved the boom of a crane to strike the lift he was working on. The worker suffered significant internal injuries along with knee, hip, and back injuries.
- $3,700,000 to the family of a deceased laborer who died after falling from a defective hoist.
- $675,000 on behalf of a carpenter who suffered a serious injury to his ankle due to an improper hoisting operation.