Crane accidents on New York Construction sites are an all-too-frequent occurrence. New buildings mean more jobs, and it is exciting to see progress continue within this extraordinary city. For injured construction workers or injured bystanders, however, a crane accident takes an intense toll. In addition to missing work, those who survive a crane accident will likely suffer serious injuries and have a lengthy physical recovery ahead of them.
Construction workers injured in a crane accident are entitled to workers’ compensation benefits for their medical costs and lost wages, and they may also be able to pursue a personal injury claim against the general contractor and/or the property owner and receive compensation for pain and suffering and future lost earnings and medical expenses. Bystanders not employed or working at the time of the accident may also be able to seek compensation through a personal injury claim.
At The Bongiorno Law Firm, we have extensive experience helping injury victims in New York. Our law firm is deeply committed to helping those injured by the negligence of others. If you were injured by a crane accident, our New York construction accident lawyers are here to guide you through the legal process. We genuinely care about our clients and have a history of securing favorable outcomes on their behalf.
Not sure if you have a personal injury claim or are entitled to workers’ compensation benefits? Call us for a free consultation today to discuss your potential legal options.
Who Could Be Liable for a Crane Accident?
Determining liability for any injury on a construction site is challenging, and that includes crane accidents. Depending on events leading up to the accident, there may be multiple parties who may bear responsibility for your damages, such as:
- General contractors or subcontractors
- Crane manufacturer
- Crane operator
- Company responsible for maintenance of the crane
- Government entities or agencies
- And more
Key Factors in Investigating Crane Accidents
A thorough investigation is essential to determine the cause of a crane accident and identify all potentially liable parties. This process involves examining daily construction records, site safety records and maintenance records. Attorneys and experts must also evaluate the actions of the property owners, general contractors and safety inspectors so as to hold all parties that may have contributed to your injury accountable.
For example, if a crane collapses on you, pinning your leg due to improper maintenance, the investigation would focus on the maintenance records and whether safety protocols were followed.
Some of the ways to investigate the incident include:
- Scrutinizing safety inspectors’ reports: Ensuring safety inspections were thorough and accurate.
- Gathering witness statements: Collecting statements from workers who witnessed the accident or other relevant activity.
- Consulting with experts: Engaging industry professionals to provide insights on the case.
- Reconstructing the accident: Using available data and simulations to understand how the incident occurred.
Identifying all responsible parties ensures that justice is served and that you receive the compensation you deserve.
How Can I Seek Compensation for My Crane Accident Injury?
Crane accident victims can seek compensation in a few different ways. Each legal option offers different benefits and therefore, different criteria must be met.
Personal Injury Claim
Construction workers injured on the job can recover millions of dollars for pain and suffering, past and future lost earnings, past and future medical expenses, and other damages. In addition, crane accidents can harm individuals who are not construction workers, such as if a crane falls on a passing vehicle. These individuals may be eligible to pursue a personal injury claim if they can prove negligence or misconduct by another party.
Workers’ Compensation
Construction workers injured on the job are also entitled to workers’ compensation benefits, compensation for medical costs and lost wages, and other benefits. Workers’ compensation provides benefits regardless of who is at fault for the accident. This means you do not have to prove someone was negligent to recover benefits. Workers’ compensation helps injured workers by covering their medical expenses and a portion of lost wages if they have to miss work during their recovery.
Wrongful Death
Sometimes construction workers injured on the job die as a result of their injuries. If this happens, their families are eligible for a workers’ compensation death benefit and, in some cases, New York law permits a spouse and/or children of the deceased construction worker to pursue a lawsuit for the pain and suffering experienced by their loved one before death, and financial loss caused by the fatal crane accident.
The deceased construction worker’s family may be eligible to recover millions of dollars through a lawsuit. Potential damages they may be able to recover includes:
- Future earnings the construction worker would have received
- Replacement value of any benefits, such as health insurance
- The value of the deceased worker’s contribution to the household (such as household chores)
- And more
If the victim’s family pursues and wins their case, they may be awarded compensation for pain and suffering their loved one experienced, along with other damages.
What Is Negligence if the Victim Is a Bystander?
Negligence is the failure to act with reasonable care, resulting in foreseeable harm to another person. Proving negligence involves linking an injury or death to a failure to act with reasonable care. The Bongiorno Law Firm has extensive experience in gathering evidence and building strong arguments to demonstrate how and when negligence occurred.
To succeed in a lawsuit or secure a favorable insurance settlement, your lawyer must prove all five elements of negligence:
- Duty of care: The party had a legal responsibility to the person that was injured.
- Breach of duty of care: The party failed to meet that duty of care – the duty was breached.
- Causation: There is a link between the breach of the duty and the accident and resulting injuries.
- Foreseeability of harm: The harm was a predictable result of the breach.
- Damages: Pain and suffering, past and future lost wages, past and future medical expenses, emotional suffering and other damages.
Each element plays a crucial role in building a strong case and securing the compensation you deserve. If The Bongiorno Law Firm represents you, our experienced lawyers will work hard to pursue maximum compensation. With our knowledge of how to handle these claims, we can gather the necessary documentation to establish fault, prove negligence and advocate for your rights.
Injured at a Construction Site? Call The Bongiorno Law Firm
If you or a loved one has been injured in a crane accident on a construction site, our seasoned lawyers may be able to pursue compensation on your behalf.
The Bongiorno Law Firm has decades of experience helping personal injury victims recover compensation for damages suffered due to the negligence or misconduct of others. Our firm has a strong track record, we have recovered millions for our clients. Our legal team in New York is dedicated to providing the support and representation you need during this challenging time.
