Manhattan Crane Accident
A crane accident or other accident involving heavy equipment can result in life changing injuries and even death. In New York, there are safety laws in effect that were created to protect construction workers. Despite having these laws in place, hundreds of accidents happen every year. A crane accident can cause a life threatening head injury, broken bones, or a spinal injury, that can lead to a permanent paralysis 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 or a loved one was injured in a construction accident that involved a crane, it is important that you immediately speak with an experienced Manhattan crane injury lawyer who will review your case and work hard to ensure that you receive the compensation you deserve.Types of crane accident
Even though there are both federal and state regulations that require the implementation of safety precautions when using cranes, each year people are seriously injured and killed in crane-related accidents. The root cause of all of these accidents is often negligence. Some of the specific causes of crane accidents include:
- Dropped loads
- Crane hitting a power line
- Cranes overturning
- Rigging failures
- Mechanical failures
- Boom collapse
Such accidents are typically caused by crane operator error, crane operator inexperience, poor communication between crane operators and other workers, and failure to follow OSHA safety requirements.Damages for a crane accident injury
A crane accident, as with any other type of construction site accident, may be covered by workers' compensation. Under New York's workers' compensation law with few exceptions all employers must carry workers' compensation in order to make ensure injured employees have access to medical care to treat the injuries, as well as wage continuation. In order to receive benefits, you must inform your employer of the accident immediately, seek medical care from an approved provider, and you must file a formal claim within the specified timeframe.
Because most crane accidents are covered by workers' compensation, victims are only entitled to workers' compensation benefits and are do not have the right to file personal injury lawsuits. However, there are some instances in which victims are not entitle to workers' compensation, or may be entitled to file a personal injury claim despite being entitled to workers' compensation.
Through a personal injury lawsuit, victims can demand compensation from the person whose negligence caused the accident. Defendants may include the employer, the manufacturer of the crane, the owner of the building, contractor, or the subcontractor. Compensable damages include past and future medical bills, lost wages, lost of future earning capacity, and pain and suffering.
If your injury is so serious that you are not able to return to work for a long time, if ever, you may be entitled to Social Security disability benefits. Social Security disability benefits are available only to those whose injuries will prevent the victim from working for at least 12 months. Approval for Social Security benefits is particularly difficult without the help of an experienced attorney. Most initial applications are denied.
If a family member is killed in a crane accident, certain members of the victim's family may have the right to workers' compensation death benefits, or compensation through a wrongful death claim.Contact the Law Offices of Stephen Bilkis & Associates
If you or a loved one was injured in a crane accident, it is important that you are represented by someone with experience representing clients who suffered serious injuries in construction accidents, workplace accidents, car accidents and other types of catastrophic accidents. The staff at the Law Offices of Stephen Bilkis & Associates has the experience and resources to vigorously represent injured victims in 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.