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.
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.
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:
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.
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:
You can use the employer’s violation of one of these OSHA regulations to win your crane accident lawsuit.
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:
Other common crane accident injuries and conditions include:
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.
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:
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.
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.
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.
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.
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.
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.
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.