Among the most serious work accidents causing severe injury or death is an accident involving a crane. In New York, where construction happens every day in a bustling metropolis, crane accidents might be happening more frequently than you possibly think. You might get hurt in one, thus suffering from physical injury, stress, and financial loss.
Do not lose hope; the good news is that you do not need to do it alone. Understanding your rights and how to properly deal with the legal system will see you get the compensation you rightly deserve. This guidebook will take you through what you should know, beginning with why crane accidents do happen and how a New York crane accident lawyer can represent you.
The Impact of Crane Accidents
Crane accidents are a concern in New York since skyscraper building is part of the city’s skyline – as evidenced by reports from CBS New York, which frequently covers crane-related incidents. The accidents tend to cause catastrophic injuries, such as fractures, spinal cord injury, traumatic brain injury, or death. Current news has shown that crane accidents are a shared experience at urban construction sites, and the outcome can be life-altering to the victims and their families.
If you were injured in a crane accident, you need a lawyer. Workers’ compensation law is complex and, without being properly advised, you will miss out on compensation that is due to you. A New York crane accident attorney can advise you about your rights, walk you through the process, and assist you in recovering just compensation for loss and injury.
Common Causes of Crane Accidents
Crane accidents are caused by many different factors, most of which could be prevented. The causes can give some insight into who would most likely be held liable for your injury. Some of the most prevalent reasons include:
- Equipment Failure – Cranes are complex machines with hundreds of moving parts. If equipment, such as the hoist, ropes, or boom, fails because of defective manufacturing or negligent maintenance, a disastrous accident is the outcome.
- Operator Fault – Even an experienced operator will commit mistakes, particularly in bad or tense weather. Improper use of a crane is one of the most frequent causes of accidents.
- Safety Hazardous Areas – Hazardous working conditions are risky but, if safety measures are not followed, accidents will not take long to occur. They vary from offloading in an inappropriate manner, improper training, or doing it in unfavorable climatic conditions.
- Insufficient Training – Proper training should be provided to all the crane operators and the whole ground crew so that they may use such heavy machinery in a safe manner. They will be blamed for accidents if not well-trained.
Knowing Your Rights after a Crane Accident
If you’ve been hurt in a crane accident, it is good to understand your rights. You will be owed workers’ compensation or a third-party claim, respectively, from the state of New York, subject to the facts.
Workers’ Compensation – You likely have workers’ compensation if you were injured at work. It will cover medical expenses, part of your lost wages, and disability. Workers’ compensation generally will not cover pain and suffering or other intangible losses, however.
Third-Party Claims – Your injury is caused by someone other than your employer (a subcontractor, for instance, or the maker of defective equipment) so you can file a third-party claim. You may use a third-party claim in order to gain more than workers’ compensation.
Actions After a Crane Accident
- Seek Medical Attention – Your health is the priority, first and foremost. The wounds might not look that bad, but it’s absolutely necessary that you have a medical doctor examine you. Some types of injuries like internal injuries or head injuries would not necessarily be visible.
- Record the Scene – Tape or photograph the scene of the accident, the crane, the visible injuries, and the surrounding area. The tape will be an invaluable tool when you prepare your case.
- Report the Accident – Report the accident to your employer or job site supervisor immediately. Get the incident logged.
- Gather Witness Information – If you had any witnesses to the accident, obtain their names and phone numbers. Their statements can be a great addition to your claim.
- Speak to a New York Crane Accident Attorney – You should speak to a crane accident attorney who handles crane accidents before you go to insurance companies regarding the case or sign anything. They will advise you on what not to do and how not to lose your rights.
What Is Your Compensation Like After a Crane Accident?
Medical Bills
This includes the cost of surgery, hospital bills, medication, physical therapy, and other continued medical care for your injury.
Lost Wages
If your disability renders you incapable of working, you are compensated for lost wages, as well as future loss of earning capacity.
Pain and Suffering
This compensates you for the pain and suffering already experienced due to the accident.
Disability Benefits
If the accident has disabled you permanently or temporarily, you are eligible for additional compensation.
Punitive Damages
In cases of gross negligence, the court can award punitive damages against the negligent party to punish him and act as a deterrent.
Common Mistakes to Be Avoided when Claiming Compensation
Failing to Gather Evidence
Without proper documentation, it can be challenging to prove your claim. Make sure to collect as much evidence as possible, including photos, witness statements, and medical records.
Statute of Limitations
New York also has a statute of limitations time frames for suing for workers’ compensation and personal injury. If you allow those to pass, you forfeit your right to compensation.
Bargaining With Insurers Without an Attorney
The adjusters at the insurance firm will attempt to pressure you into settling for less than what your case is worth. As mentioned in the Justia article, it can be avoided by letting your attorney deal with that process.
Selling Too Early
You may be tempted to sell an offer so that you can close this nightmare behind you, but you may be paying for it if you do not have an attorney.
Conclusion: Taking the First Step Towards Compensation
You will have your life changed by being injured in a crane accident, but you will not have to live it alone. Being aware of your rights, ensuring the proper things are taken care of following the accident and having a crane accident lawyer in your corner, you can receive the reward that is yours to ensure your forward movement.
Founder Dinis Guarda
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