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New York Crane Accident Frequently Asked Questions

Can I Be Fired for Filing a Claim?

No, you can’t be fired for filing a claim against your employer. However, many employees are considered at-will workers. This means that a company doesn’t have to have a reason to terminate your employment.

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What Are Crane Accidents Caused From?

  • Poor rigging;
  • Overloading;
  • Overturning;
  • Dropped cargo;
  • Poor operation;
  • Lack of inspectors; and
  • Improper assembly.

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My Loved One Was Injured in a Crane Accident. What Should I Do to Pursue Compensation?

If he has experienced serious injury, he needs your help. First off, his supervisor needs to be notified within 30 days of the injury. Also, if possible take photos of the jobsite. See if there are any witnesses to the accident and get their contact information.

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What Kind of Injuries Can Be Caused in a Crane Accident?

According to the Crane Inspection and Certification Bureau, over half of all crane accidents are fatal. The injuries usually sustained in these accidents are serious and can include head and spinal cord trauma, limb loss, broken bones and electrical burns.

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Are There Different Types of Cranes?

Yes. The following are a few commonly used types:

  • Mobile: These are placed on moveable platforms.
  • Telescopic: These have telescopic extensions.
  • Overhead crane: These are usually used in a factory setting.
  • Loader crane: These are used to load equipment.
  • Rough terrain: These are mounted on four-wheel drive vehicles.

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Can I File a Worker’s Compensation Claim as Well as Personal Injury Lawsuit?

Yes, you can file both. You have a right to file a worker’s compensation claim with your employer. The injury itself qualifies you, there is no need to prove who was at fault. A personal injury claim can be filed against a 3d party company, or property owner for instance.

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Is There a Time Deadline to File a Lawsuit?

Yes. You have 30 days to notify your supervisor for a worker’s compensation claim. You have one year from the date of injury to file a claim.

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What Kind of Damages or Compensation Can I Recover?

Generally, you can recover reimbursement for medical expenses, which includes hospital visits, doctor’s visits, surgery, physical therapy and medications that have been incurred because of your accident. You are also able to recover income you have lost from the accident thus far, and in the future. You may also may be able to recover non-economic damages such as pain and suffering, emotional distress, loss of enjoyment, and disfigurement. If the defendant’s actions that caused the accident were particularly egregious you may be able to receive punitive damages.

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Are There Any Laws That Specifically Address Crane Accidents?

Yes, there are two:

NY Labor Law 240(1)-New York Labor Law 240(1) permits injured construction workers seek compensation for injuries sustained in in a crane accident. Under this law, a claim may be made against the general contractor and property owner.

NY Labor Law 241(6)-This law requires the equipment and machinery at construction sites to be shored, equipped, arranged, operated and conducted to provide reasonable and adequate protection for the construction workers.

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How Does Worker’s Compensation Work?

All New York businesses are required to provide their employees with worker’s compensation coverage. This insurance provides reimbursement for lost wages and medical expenses. Because of this, injured workers are not allowed to sue their employer. They can however, sue a third party or an equipment manufacturer for instance.

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Do I Need a Lawyer to Help Me with My Crane Accident?

Yes. If you have experienced a crane accident at work, chances are you have serious injuries. You have likely missed work and may be unable to work in the future. You may have experienced significant pain and suffering. Whether you have a worker’s compensation claim, a legal claim or both, it can be very complicated. It is vitally important to have a lawyer work through your case and ensure that your rights are protected and you receive the compensation you and your family deserve.

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