Nassau County Crane Accident
The victim of a crane accident or other work related heavy equipment accident will likely face serious injuries and possibly even death. Despite safety laws and regulations in place, hundreds of crane accidents happen yearly. Because of the nature of the equipment, an injury from a crane accident is usually severe and will involve a broken back or other spinal injury, internal injuries, a traumatic brain injury or other type of head injury. In a construction accident, usually the employee is unable to bring a legal action directly against their employer. In order to receive compensation through a personal injury lawsuit the injured employee may need to involve negligent third parties such as a property owner, manufacturer of the crane or other equipment involved, or a contractor. You are able to bring an action against a third party for damages even if you already have a worker’s compensation case pending. If you are in need of a personal injury lawyer because you or a loved one were injured by a crane, it is important that you immediately speak with a Nassau County personal injury lawyer who will explain your legal rights and work hard for you to ensure that you receive the maximum compensation under the law based on the facts of your case.Crane safety
The federal government has enacted a detailed series of regulations about workplace safety, including required training for construction workers and safety precautions that must be taken at construction sites. These regulations are part of OSHA’s regulations. The goal of OSHA is to prevent accidents and injuries. Despite OSHA accidents occur. The most common causes of crane accident injuries include dropped loads, cranes hitting power lines, boom collapse, inadequate safety harness and improper operation of the crane due to poor training. According to federal records approximately 40% of all crane accidents occur when a crane hits power lines.
Because crane accidents often involve a worker falling from a height or a load falling on the victim, the injuries involved tend to be catastrophic. Injuries include internal bleeding, multiple broken bones, amputations, and injuries to the head, back, neck, and brain. Sadly, many victims do not survive. In fact, over 600 deaths have occurred from crane accidents in the United States from 1992 to 2006.Pursuing a claim
It is very unfair that because someone else was negligent or reckless that you are left with serious physical injuries and a pile of medical bills. The law agrees with you. If you were hurt because of someone else’s negligent then you are entitled to file a claim for workers’ compensation or pursue an action for personal injury damages.
- Workers’ compensation benefits. Under New York workers’ compensation law if you were injured while working the accident is covered by workers’ compensation law. This means that you would be entitled to receive benefits for your medical care and lost wages. If a loved one was killed in a crane accident, then his or her family would be entitled to receive death benefits.
- Personal injury claim. If the case is not covered by workers’ compensation, then you have the right to file a personal injury claim to demand damages from the negligent party. The damages that you may receive include medical expenses, lost wages, loss of earning potential, pain and suffering, and punitive damages. If your loved one was killed in the crane accident, you may be entitled to compensation through a wrongful death lawsuit.
- Wrongful death. Sadly, crane accidents sometimes cause fatalities. The families of victims may have the right to demand compensation through a wrongful death lawsuit. For example, in April 2012, a young construction worker was killed when a frayed cable snapped, causing a crane to fall and crush the construction worker. The parents of the victim filed a claim against the owner of claim. They were awarded $1 million in damages. OSHA determined that owner of the aging crane had not completed required inspections.
A case involving victims seriously injured in a crane accident or any type of construction site accident involves an understanding of both New York personal injury law as well as an understand of the details of federal workplace safety regulations. The attorneys at the Law Offices of Stephen Bilkis & Associates has years of experience successfully representing clients who have suffered catastrophic injuries in workplace accidents, construction accidents, and car accidents. Contact our experienced attorneys at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a consultation regarding your case. The consultation is free. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.