New York Crane Accident Lawyers are here to help victims of construction accidents involving this type of machinery. Cranes are an essential part of construction work and are commonly seen around New York. Most construction sites rely on cranes to move heavy loads, and these machines are so large that they pose a risk to workers when operated negligently.
Cranes are large and complex machinery that can become dangerous to workers and other individuals who visit or are near a construction site. Accidents can suddenly happen when such massive machinery is used with so many construction personnel around a site.
Causes of Injuries Addressed by New York Crane Accident Lawyers
The Occupational Safety and Health Administration (OSHA) establishes laws and regulations in the construction industry to keep workers and the public safe on construction sites. The most common cause of crane accidents is when they strike power lines, and other causes include:
- Mechanical failure of the crane
- Crane loads falling
- Crane tipping over
- Crane malfunction
- Collapse of the crane arm
- Inadequate maintenance of the crane equipment
- Inexperienced crane operators
- Negligent supervision
If you've had an accident involving a crane, whether as a worker or a family member of one, you may be eligible to seek compensation for your injuries. Please call us at 212-267-9222 as soon as possible and request your free consultation with our crane accident attorneys in New York at Gorayeb & Associates.
Common Types of Injuries Caused by Crane Accidents in New York City
When a crane collapses or a heavy load falls from it, people who are nearby commonly suffer injuries such as:
- Fractured bones
- Electrocution injuries like burns
- Crushing injuries
- Internal bleeding
- Traumatic brain injury
- Spinal cord injuries
- Emotional trauma
- Post-traumatic stress disorder
- Wrongful death due to negligence
What to Do in Case of a Crane Accident in New York?
After experiencing a crane accident resulting in injuries at a construction site in New York, it is crucial to:
- Seek medical attention as soon as possible. Getting medically evaluated can help protect your health and provide you with medical reports that will serve as evidence when filing a compensation claim. Following your doctor's instructions is crucial, and do not return to work until you have clearance.
- Report your accident to your employer. You must notify your employer about the accident and your injury. Failure to do so could negatively impact your compensation claim. In your accident report, include details about where and when the incident occurred.
- Consult with an experienced NYC crane accident attorney. An attorney understands the laws, knows how these claims work and will advocate for your interests against insurance companies and other potentially responsible parties.
You may have been injured due to the negligence of a third party, your employer, a coworker, or through an accident. Our crane accident lawyers at Gorayeb & Associates in New York will assist you in obtaining your compensation.
Call 212-267-9222 and request your free consultation.
Who May be Liable for Your Crane Accident on a Construction Site in New York?
When working on a construction site, various parties may be responsible for an accident that results in a worker's injury, including:
- Property owners
- General contractors
- Construction companies
- Another worker
If you have been injured on a construction site, the Manhattan crane accident attorneys at Gorayeb & Associates can assist you with your compensation claim. It's important to understand that you have the right to perform your duties in a safe environment as a worker. You may have grounds to file a lawsuit when the property owner or contractor fails to provide that.
Consult with our lawyers to understand what you can do and explore your legal options. Request your free consultation today.
What Type of Claim Can You File for Your Crane Accident?
There are three ways to seek compensation if you or a loved one has been injured in a crane accident in New York:
- Workers' Compensation: You can file a workers' compensation claim to receive benefits for medical expenses and lost wages related to the injury.
- Personal Injury Lawsuit: You can file a personal injury lawsuit against the responsible party, such as the property owner, contractor, or another third party whose negligence led to the accident.
- Wrongful Death Claim: If the crane accident resulted in a fatality, surviving family members may file a wrongful death claim to seek compensation for their losses.
It's important to contact our lawyers at Gorayeb & Associates for guidance to determine which type of claim is appropriate for your crane accident.
What is the Workers' Compensation for a Crane Accident?
Construction workers can claim workers' compensation benefits if they have an accident and are injured on the job. When filing a workers' compensation claim, they generally waive the right to sue their employer. Employers provide workers' compensation insurance to offer financial protection to their employees in the event of an on-the-job injury and to prevent being sued by them.
With workers' compensation insurance, you can recover benefits for medical bills, lost wages, and disability. If an employee dies in a crane accident, their family may also be entitled to benefits.
When Can a Personal Injury Lawsuit be Filed for a Crane Accident?
Under New York state labor laws, you can file a personal injury claim against property owners, contractors, architects or engineers, or a company that sold or manufactured a defective crane.
With a personal injury lawsuit, you can seek to obtain benefits such as:
- Lost wages
- Medical bills
- Funeral expenses
- Pain and suffering
- Vocational rehabilitation
To learn more about these benefits and how to pursue a personal injury claim, please call 212-267-9222 and request your free consultation with our crane accident lawyers at Gorayeb & Associates in New York.
What is a Wrongful Death Lawsuit for a Crane Accident?
When a loved one passes away due to a crane accident in New York, their family may be able to claim compensation through a wrongful death lawsuit.
The compensation benefits that can be obtained may include:
- Loss of income and future earnings of the deceased family member.
- Loss of benefits the deceased person would have earned throughout their life.
- Funeral expenses.
- Loss of household services and contributions from the deceased family member.
- Loss of love, affection, moral support, encouragement, guidance, and other intangible forms of support.
Family members who may be eligible to claim compensation for wrongful death include:
- Minor children
- Adult children
- Financial dependents who can demonstrate financial hardship due to the loss of support from the deceased person
An experienced accident lawyer will calculate the estimated loss of income that the family members of the deceased worker may recover. Therefore, consulting with an attorney as soon as possible is important. Call 212-267-9222 and request your free consultation.
Can an Undocumented Worker Claim Compensation for a Crane Accident?
Yes, you can do so because immigration status does not matter when filing a claim for an injury in a workplace. Undocumented construction workers have the same rights as U.S. citizens and authorized immigrant workers to file a personal injury lawsuit and/or a workers' compensation claim.
To seek assistance from NYC construction accident lawyers specializing in crane incidents at Gorayeb & Associates, call 212-267-9222 to schedule your free and confidential consultation.
What is the Time Limit for Filing a Crane Accident Compensation Claim in New York?
Suppose you want to file a lawsuit for injuries in a construction case against a property owner, general contractor, subcontractor, or another party for negligent actions, such as improperly placed scaffolding or a crane accident. In that case, you have three years from the accident date to do so.
For wrongful death cases, family members must file the lawsuit within two years from the date of the accident or the death of their loved one.
In workers' compensation cases, injured employees must report the accident to their employer within 30 days of the incident. Workers who have contracted an occupational illness should notify their employer within two years from the date of diagnosis or the date they became aware that the illness might be work-related.
How Much Compensation Can I Receive From My Towing Accident Case?
The answer to this question depends on the extent of your injuries, the time required for recovery, your present and future needs, your ability or inability to work, and whether you have legal representation from a personal injury attorney.
Hiring a personal injury lawyer is crucial to increase your chances of obtaining compensation for your injuries.
Consult with the crane accident lawyers in New York at Gorayeb & Associates to get the help you need. Call 212-267-9222 and request your free consultation.
Frequently Asked Questions (FAQs)
A construction worker can file a personal injury lawsuit when:
- They had an accident, and defective products or toxic substances caused the injuries. In such cases, the manufacturer may be responsible for paying compensation.
- The intentional conduct of an employer caused an injury in a construction accident.
- An employer did not have workers' compensation insurance.
- A third party caused an injury to a worker.
- New York Labor Law 200: This law establishes an employer's duty to protect workers' health and safety. Companies must provide "reasonable and adequate protection for the life, health, and safety of all persons" they employ.
- New York Labor Law 240: Known as the "Scaffold Law," it outlines the types of special protections workers performing tasks at heights must have. This includes workers who are injured due to falls or falling objects.
- New York Labor Law 241: Regulates an employer's responsibilities to employees on construction, demolition, and excavation sites, including the equipment employers must provide.
The answer is yes! Workers' compensation is insurance that the employer provides to workers so that in the event of an accident, they can receive medical care and payment of a percentage of their salary while they cannot work. A workers' compensation claim can be filed regardless of who was at fault for the accident. However, suppose someone other than a coworker or the employer is at fault. In that case, you can also file a lawsuit against another party, such as the equipment manufacturer or the seller of a dangerous product, etc.
It's important to consult with a crane accident lawyer in New York because they can assess what type of claim should be filed, whether it's a workers' compensation claim or a personal injury lawsuit. An attorney can help protect your interests so that an insurance company or another party doesn't exploit you. Insurance companies are focused on their interests, but a lawyer can prevent that and assist you in building a compelling claim by handling many tasks on your behalf, such as:
- Identifying the negligent actions that led to the accident.
- Gathering evidence.
- Hiring experts.
- Addressing all legal questions.
- Calculating the value of the claim.
- Advocating for maximum financial compensation.
The cranes used in construction sites are:
- Mobile cranes: These are placed on mobile platforms.
- Telescopic cranes: They have telescopic extensions.
- Bridge cranes: Used in a factory environment.
- Loading cranes: Designed for loading equipment.
- All-terrain cranes: Mounted on four-wheel-drive vehicles.
The accident lawyers at Gorayeb & Associates work on a contingency fee basis, which means they receive a percentage of any money you obtain as compensation for your case. Your lawyer doesn't charge fees if you don't receive money. You don't pay anything out of your pocket.
Sometimes, it's common to negotiate a fee arrangement with a lower percentage for a quick settlement and a higher percentage if the case goes to trial.
Due to the dangers associated with operating a crane on a construction site, it's important not to do the following:
- Lift or move loads beyond the crane's capacity.
- Allow the crane to be operated by inexperienced workers.
- Neglect maintenance inspections of the crane.
- Transport loads above workers or pedestrians.
- Move the load too quickly.
- Operate the crane near electrical cables.
- Operate the crane on uneven surfaces.
Negligence must be proven using these four elements to build a claim to recover compensation for your crane accident case:
- Duty of care: The accident attorney must prove that the responsible party owed you a duty of care. For example, a contractor should have provided training for crane operation.
- Breach of duty of care: The attorney must demonstrate that the responsible party failed to fulfill the duty of care. For example, proving that you did not receive training or instructions for crane operation.
- Causation: The attorney must show that the failure to meet the duty of care was what caused the accident in which the worker was injured.
- Damages: The attorney must also demonstrate that the injured worker has suffered economic and non-economic damages due to the accident, such as physical and emotional injuries, loss of wages, medical bills, and a diminished quality of life.
For all of the above, it is essential to have the assistance of our New York crane accident lawyers to help you claim your compensation. Call 212-267-9222 today to request your free and confidential consultation.