Brooklyn Crane Accident
If you have experienced an injury in a crane accident, you know how traumatic and devastating these injuries can be. Even though there are federal and state laws that govern safety practices for construction workers, accidents still happen at an alarming rate. A crane injury or an injury in any type of construction accident can be serious and even fatal. Often victims suffer from severe spinal cord injuries that lead to paralysis such as paraplegia or quadriplegia. Other common crane injuries include a broken bone or serious head injury. As a result the victim will not only face a difficult recovery period, but will also face financial distress due to missed work and significant medical bills. If you are in need of a personal injury lawyer because you or a loved one was injured in a construction accident that involved a crane, it is important that you immediately speak with an experienced Queens crane injury lawyer who will review your case and work hard to ensure that you receive the compensation you deserve.
Crane safetyEven though there are state and federal laws as well as industry regulations that require the implementation of safety standards, each year people are hurt in crane accidents. OSHA has established strict regulations that must be complied with to prevent serious injury. 40% of all crane accidents occur when a crane hits power lines. This type of accident causes electrocution and fatalities. Other causes of crane accidents include:
- Rigging failures
- Mechanical failure
- Dropped loads
- Overturning
- Improper operation
- Boom collapse
Pursuant to OSHA regulations, employees have specific rules and guidelines that must be followed including:
- If a crane cannot maintain a safe visual clearance, a person must be designated to observe the proper clearance;
- Do not use a cage-type boom guards, proximity warning devices, or insulating links as a substitute for grounded and de-energizing lines;
- Electrical and transmission lines must be de-energized;
- If lines are not de-energized, cranes can only be operated in a safe distance can be maintained;
- Insulated barriers that are not part of the crane must be used to prevent contact with power lines.
Injuries often seen with crane accidents include spinal cord injuries, traumatic brain injuries, back injuries, neck injuries, broken bones, and shoulder injuries. The recovery from such a serious injury can be expensive and lengthy. A crane injury victim may even learn that he or she is not able to return to work at all because the crane injury has left him or her disabled. While coping with a painful recovery as well as the financial stress of mounting medical bills and lack of income, it may be difficult to determine what your next step should be.
Pursuing a claimIf your injury was caused by the negligence of another person, you are entitled to recover compensation. The manner in which you will receive compensation is determined by who was responsible for the accident. As New York law requires all employers to carry workers' compensation insurance, if your employer was at fault, you will be entitled to benefits from Workers' Compensation insurance. If a sub-contractor, property owner or equipment manufacturer was at fault, you may have to file a personal injury lawsuit in court. Through a personal injury lawsuit you may be able to recover past and future medical expenses, lost wages, loss of earning capacity and pain and suffering. If your loved one died as a result of a crane accident, you may be able to recover damages in a wrongful death lawsuit.
ExampleJohn Mescall, an ironworker, was injured when a crane that was lifting a steel screen failed. The screen fell 20 feet and hit Mescall. Mescall sued for damages. The jury found in favor of Mescall and awarded him a substantial amount of compensation including: $124,000 in past medical expenses, $90,000 in lost earnings, $25,000 for past pain and suffering, and $200,000 for future medical expenses. Mescall v. Structure-Tone, Inc., 49 A.D.3d 339 (N.Y. App. Div., 2008)
Contact the Law Offices of Stephen Bilkis & AssociatesIf you or a loved one suffered a catastrophic injury in a crane accident or any type of construction site accident, it is important that you are represented by someone with experienced. The staff at the Law Offices of Stephen Bilkis & Associates has experience successfully representing clients injured in construction accidents, as well as vehicle accidents, slip and fall accidents and other types of accidents caused by negligence. In addition, we have the resources to handle complex construction accident cases. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.