Crane Accidents: What to Know, How to Win, and When to Hire a Crane Accident Lawyer
You May Recover Workers Compensation Benefits and Personal Injury Damages for Crane Accident Injuries
Construction sites often use cranes to move heavy objects and complete tasks.
However, this massive machinery can pose significant risks to on-site construction workers and people walking or driving nearby, as it is often the most prominent and heaviest piece of equipment on the job site. Crane accidents can occur in countless ways, including crane malfunctions and operator error, resulting in severe injuries or even fatalities.
You have several legal options if a crane accident injures you or kills a loved one. For example, you may receive workers compensation benefits or recover personal injury damages through a civil action grounded in negligence or vicarious liability.
In case of a crane accident, hiring a crane accident lawyer who can guide you through the legal process and help you seek the compensation you deserve is crucial.
If you have any questions about personal injury lawsuits, wrongful death claims, or workers compensation law, please call us at (804) 251-1620 or (757) 810-5614. See why others have relied on us to recover tens of millions of dollars in damages, benefits, and settlements.
How Common are Crane Accidents?
Crane accidents are often newsworthy and reported by local media.
A review of recent news in Virginia shows that several crane-related accidents have occurred, including the following:
So, just how common are crane accidents?
The most recent data from the U.S. Bureau of Labor Statistics show an average of 42 crane-related deaths occur each year, with more than half of all fatal crane injuries involving an object or equipment striking a worker. Falls to a lower level and crane transportation incidents also account for a significant percentage of fatalities.
Although the numbers are gradually decreasing over time, deaths and injuries from crane accidents continue to occur.
These statistics highlight the importance of taking precautions when working with cranes and other heavy machinery, such as commercial trucks and forklifts.
Yet, no matter the safety measures used, accidents still happen. Therefore, it is crucial for those who work with cranes to know their rights in the event of an accident.
Understanding Crane Accidents: What are the Most Common Types?
Cranes are the unsung heroes of construction sites. They can easily lift heavy loads, making the impossible seem effortless and helping us complete architectural marvels.
However, cranes also have shortcomings, which can lead to accidents and devastation, particularly when combined with human error.
Here are the most common types of crane accidents:
- Crane collapse: A crane collapse is one of the most common types of crane accidents and can happen for several reasons. For example, the machine may collapse if the crane operator or construction company asks it to lift a weight that exceeds its load capacity. Additionally, one or more defective (or inadequately maintained) parts may cause structural deficiencies and a crane collapse.
- Overturning: The crane may tip over if it becomes unbalanced due to the load, boom length, or angle, or because of an improper crane setup on uneven ground.
- Dropped loads: If the crane’s load is not secured or positioned correctly, or if the hosting mechanism fails, the load may fall, causing injury to people and property below.
- Boom collapse: The boom may collapse, striking others or damaging property as it falls. Overloading, poor maintenance, and metal fatigue are common causes of boom collapses.
- Electrocution: Cranes that contact live power lines (overhead or downed) may conduct electricity that shocks workers nearby, causing injuries and fatalities. Operating cranes near electrical structures requires coordination with utility companies to ensure nearby infrastructure is de-energized.
- Falls from the crane: Falling from the crane while operating, inspecting, maintaining, or loading it is a leading cause of crane accident injuries.
- Struck by the crane: Construction workers standing too close to the crane’s operating zone risk forceful contact with the jib, load, or boom.
- Transportation crashes: The crane operator may cause injury or death if the crane crashes into a person or building. Many crane operators have a commercial driver’s license (CDL) and a crane operator certificate.
- Structural or mechanical failure: A frightening possibility is a crane dissembling from its base, often due to defective parts, inadequate maintenance, or too much pressure on its components. The crane is there one minute – and the next, it’s plummeting to the ground.
- Rigging failures: Using damaged support equipment, such as ropes and hooks, or the wrong type may lead to failure and injuries.
To prevent crane accidents, strict adherence to safety protocols, regular inspections, maintenance practices, comprehensive training for operators and personnel, and compliance with industry standards and regulations are essential.
What Causes Crane Accidents?
Many crane accidents occur due to violations of the OSHA regulations for cranes and derricks (29 CFR Section 1926.550). OSHA often publishes these regulations and guidelines in response to real crane accidents.
Below are some of the acts, omissions, or conditions that can cause a crane accident:
- Inadequate training: Skilled operators are required to maneuver a crane safely. All crane operators must have a license for each type of crane they operate, as per OSHA guidelines. Improper training on all cranes on the job site increases the risk of an accident.
- Using the wrong crane: Different job site conditions require different types of cranes. The employer’s failure to use the proper crane may cause an accident.
- Failure to comply with the crane manufacturer’s literature: The manufacturer specifies the maximum safe loads the crane can lift, depending on its boom’s length and angles. Overloading the crane increases the risk of injuries and deaths. If the manufacturer’s specifications are unavailable, the employer should hire an engineer to determine and document appropriate usage.
- Inadequate postings: OSHA requires the posting of rated load capacities, recommended operating speeds, and special hazard warnings in a location visible to the crane operator, such as the crane cab (control station). Exceeding these instructions intentionally or due to a lack of knowledge may cause harm.
- Lack of communication: Everyone on the site must be on the same page – from the operator to the ground crew to the riggers to the signalers to the property owner and subcontractors. Miscommunication can lead to confusion and mistakes. OSHA regulations require crane operators to use hand signals prescribed by the applicable ANSI standard for the type of crane used. Further, the job site must post an illustration of these signals.
- Failure to conduct routine inspections: The employer must designate a person to inspect the crane before each use. Frequent inspections prevent tragedy by catching minor problems early before they grow into problems that damage the crane’s structural integrity. These inspections are in addition to an annual inspection of each piece of hoisting machinery.
- Lack of proper maintenance: Catching problems when inspecting the crane is only a start. Employers must also fix the issues detected. Neglecting maintenance can lead to equipment failure and accidents. Even something as simple as failing to lubricate a joint could cause a catastrophe.
- Failure to guard other parts of the crane that may create a hazard or contact employees: OSHA regulations on crane operation require employers to protect employees from all moving parts or equipment, including belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, chains, and exhaust pipes.
- Exposure to toxic gases: Using a crane with an internal combustion engine in an enclosed space exposes employees and others to poisonous gases and fumes. Employers must ensure adequate ventilation.
- Improper windows in the cab: The windows in the crane cab must not allow visual distortion that interferes with the crane operator’s ability to operate the machine. Many crane cabs have safety glass windows.
- Failure to barricade areas within the crane’s swing or lift radius: The employer must secure these areas so the crane does not crush or strike employees. In addition, employers must take measures to prevent employees from working under loads hoisted (lifted, suspended, etc.) by cranes.
- Working near an energized overhead wire: The employer must confirm that overhead electrical lines, nearby transmitter towers, and anything capable of producing an electrical charge are de-energized when operating the crane. A family member consulted us when a loved one died from electric shock when a crane touched an energized power line.
- Working near flammable materials: The employer must remove combustible and explosive material from the job site before using the crane.
- Failure to provide safety equipment when the operator must climb into the cab or go onto the cab roof: The crane operator may need access to the cab roof due to rigging requirements for the job. If so, the employer should provide a ladder, steps, and guardrails for the cab and the roof. In addition, all platforms and walkways the crane operator uses must have anti-skid surfaces.
- Improper operation: Hoisting people is never a good idea. Indeed, our law firm resolved a case where an employer permitted employees to ride steel beams lifted by cranes; an activity resulting in a spinal cord injury. OSHA explicitly prohibits the practice of hoisting personnel on a crane.
- Design or manufacturing flaws: A poorly designed or manufactured crane is more likely to fail or collapse. Manufacturers have a responsibility to create safe and reliable equipment. Otherwise, you may have a product liability action to recover damages.
- Failure to inspect other crane components: These parts include pulleys, cables, booms, and boom stops, whose failures can be a recipe for disaster. They all play a crucial role in the safety and stability of the crane. If something is wrong with one of these components, it can cause a severe accident.
- Failure to set up the crane properly.
- Failure to clear debris or other unsafe conditions around the crane.
- Choosing to operate the crane in bad weather.
- Motor vehicle crash due to negligent operation of the crane truck.
You can use the employer’s violation of one of these OSHA regulations to win your crane accident lawsuit.
How Can a Crane Accident Damage Your Health?
Unfortunately, many crane accident injuries are catastrophic injuries. “Minor” injuries from a crane accident are rare.
Here are the most common crane accident injuries we see:
- Traumatic brain injury (TBI), including concussion, post-concussion syndrome, and skull fractures: The force from falling from a height or suffering a blow to the head when an object falls from a crane may cause severe brain damage. Head trauma may permanently alter your cognitive abilities and quality of life. You can learn more about TBI levels here.
- Spinal cord injury resulting in paralysis: Falling from a crane cab or being struck by a load that falls because a loading cable or wire rope snaps may damage your spinal cord, resulting in the loss of use of your arms, legs, or all four extremities.
- Crush injuries: This type of injury may occur if you get caught between parts of the crane or the crane and another surface. These crush injuries may lead to nerve damage, organ failure, and internal bleeding.
- Neck and back injuries: These body parts bear the brunt of many industrial accidents, including those involving cranes. A bad neck or back injury may require spinal fusion and permanent restrictions.
- Electrocution: If a crane touches a live power line, workers on the crane or near it may suffer electric shock.
Other common crane accident injuries and conditions include:
- Severe burns requiring skin grafts and leaving scars and disfigurement.
- Soft tissue injuries (strains, sprains, etc.)
- Post-traumatic stress disorder (PTSD) from the crane collapse or incident: For example, many injured construction workers do not want to return to employment involving cranes if they have suffered severe injury in a crane accident.
Of course, we must not forget the ultimate cost of crane accidents: wrongful death. This devastating outcome for families and loved ones underscores the importance of safety standards on construction sites.
Legal Options for Victims of Crane Accidents (Workers Comp, Personal Injury, and Social Security Disability)
You have several legal options to recover compensation and obtain medical treatment after a crane accident.
Workers compensation is usually the first option for many injured construction workers. Injuries from crane accidents qualify as “injuries by accident arising out of and during your employment,” which makes you eligible for workers comp.
Depending on your case’s facts, workers comp may provide you with several benefits:
- Temporary partial disability (TPD) when you return to work but have wage loss due to your light duty restrictions.
- Permanent partial disability (PPD) benefits when you have permanent impairment of the injured body part after reaching maximum medical improvement (MMI)
- And more
However, it’s important to note that workers comp benefit amounts are often inadequate to compensate for everything lost in a work-related crane accident. For instance, workers comp does not cover pain and suffering, and indemnity benefits stop after a set period. For example, Virginia has a 500-week cap on wage loss payments unless you qualify for permanent and total incapacity.
That’s why you should hire a construction accident lawyer with experience resolving crane accident cases. They will know how to use pretrial discovery in the workers comp case and informal investigation to determine whether you can hold someone other than your employer liable for the crane accident. If so, you can file a lawsuit to have others held civilly responsible while simultaneously receiving workers compensation benefits.
For example, you may have a crane accident lawsuit against the property owner, the architect, the general contractor, a subcontractor, the crane manufacturer, or a visitor to the construction site. Through this civil action, you can recover pain and suffering damages and other items disallowed in workers comp.
Further, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if your crane accident injuries prevent you from returning to work for more than one year. Learn more about applying for Social Security disability here.
What to Do if You Suffered an Injury in a Crane Accident
If you have been injured in a crane accident while working on a construction site, seek workers compensation benefits immediately to secure your financial future.
Workers comp is a no-fault system; negligence does not matter. Indeed, you do not have to prove that someone else’s negligence caused the crane accident or your injuries.
However, navigating the complex legal system can be overwhelming in the best of circumstances. Completing the paperwork and complying with the procedural rules is even more challenging when trying to recover from significant injuries requiring hospitalization or surgery.
In addition, you should take steps to preserve evidence for a potential third-party action for injuries. Depending on who caused the crane accident and their relationship with your employer, you may have a personal injury claim in addition to a workers compensation case.
Here are recommendations for action after a crane accident that you should remember.
Seek Medical Attention
Seeking medical attention is the first and most crucial step after a crane accident. Even if your injuries seem minor, you should still go to an urgent care center or a doctor’s office to get checked out.
This step serves three purposes.
First, you may not notice some injuries because other injuries have you in excruciating pain that steals your focus. The doctor may find something on the examination or through diagnostic testing.
Second, some injuries, such as traumatic brain injury or a herniated disc, may not show symptoms right away, so it is essential to get a comprehensive evaluation.
Third, your doctor will document the crane accident and injuries, which may be the “smoking gun” needed to prove the incident happened. Although it may seem unlikely, memories fade, and people lie; therefore, you may face a dispute about whether the crane accident even occurred.
Remember to follow your doctor’s orders and attend all medical appointments. Failure to do so could jeopardize your workers compensation claim.
Report the Accident to Your Employer
After seeking medical attention, the next step is to report the accident to your employer.
Under workers compensation laws, you have limited time to report the accident to your employer. In Virginia, for example, you risk forfeiting workers compensation for a crane accident if you do not report the event within 30 days.
Make sure to report the accident in writing and keep a copy of the report for your records.
In addition, send a work injury report letter (sample here) to the workers compensation insurance carrier (Travelers, Hartford, Arch, Liberty Mutual, etc.) or claim administrator (ESIS, Sedgwick, Gallagher Bassett, etc.) used by your employer.
Contact an Experienced Crane Accident Lawyer
Navigating the workers compensation claim process can be challenging, especially if you have suffered a severe injury. That’s why it’s essential to consult with a workers compensation attorney as soon as possible.
A skilled attorney in this field, like us, can guide you through the process, ensure you are not taken advantage of, and help you get the compensation you deserve.
Your attorney will help you file your workers compensation claim. When filing the claim, provide as much information as possible about the accident, your injuries, and any medical treatments you received. The insurer will use this information to set claim reserves, which affect settlement negotiations.
Attend Your Doctors’ Appointments and Keep Good Records
As mentioned, attending your medical appointments is crucial to your workers compensation claim. The insurance company will closely follow your medical care and what you tell the doctors, orthopedic surgeons, or physical therapists providing care.
If you miss appointments, the insurance company may believe you are exaggerating your injuries and disability and label you a malingerer. Or, if you have a workers compensation award letter, the insurer may use this noncompliance to stop benefits.
In addition to tracking your medical appointments, you should keep track of all your expenses. This means keeping receipts for your medical bills, lost wages, and other related costs.
Your attorney will use this information when calculating the value of your workers comp claim or personal injury settlement, so be sure to keep all documentation organized and readily available.
Is Calling a Crane Accident Lawyer Your Best Bet to Win a Crane Accident Injury Case?
Have you or your loved one been involved in a crane accident? If so, you may be entitled to more compensation than you realize.
Indeed, you could receive tens of thousands of dollars more by hiring a top-ranked lawyer specializing in personal injury law and workers compensation.
The reason is simple.
A skilled attorney will thoroughly evaluate all medical and financial recovery options after a crane accident. These legal remedies include tort claims, workers compensation, and Social Security disability.
Your crane injury lawyer will then work tirelessly to pursue these options, even if the insurance company or an administrative agency attempts to delay or reject your claim or minimize the extent of your injuries.
Why wait to start your path to recovery?
Call us now to see if we can help you or your loved one with a crane accident case. Our experienced team represents accident victims and injured workers throughout Virginia (including Richmond, Newport News, Fairfax, Roanoke, and Norfolk) and Maryland (including Baltimore, Hagerstown, and Cambridge).
Don’t let a crane accident dictate the rest of your life. Act now and reach out to us for help.
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