- December 10, 2022
- Posted by: Fatos Dervishi, ESQ.
- Category: Construction Accidents
Cranes are one such machine that reduces the weight that construction workers must carry. In recent years, technologies have been developed to help alleviate the strain that workers on construction sites must endure, particularly when using human strength.
Cranes are a remarkable feat of engineering, capable of lifting heavy objects with remarkably little labor and material. On the other hand, poor maintenance, failure to perform proper routine inspections, and other factors can be a precursor to crane-related accidents.
As a result, it’s a good idea to effectively prepare employees for safety precautions by ensuring they’re aware of the major causes of crane-related incidents and have a little insight that could put a stop to mishaps on a construction job site.
Furthermore, by following OSHA’s crane safety regulations, these hazards can be avoided or reduced by using their safe work procedures.
This article will cover the following:
- Four most common causes of crane accidents
- The Law that backs crane accident cases
- The help you needed to get
The Four Major Causes Of Crane Accidents
1. Crane Overloading Accident
Overloaded cranes are more vulnerable to structural forces that can cause permanent damage. This is why all cranes have weight limits to prevent them from tipping over. Dragging a load, swinging or abruptly employing faulty parts, lifting a heavy load beyond its capacity, and side-loading a boom can all lead to overloading.
Various accidents might happen under this effect:
- Crane buckling or boom collapse – If the total weight capacity of the crane is exceeded, the crane may buckle or its boom may collapse. Workers in the swing radius of a moving crane, such as laborers, welders, electricians, and others, are at risk of being struck by loads and suffering serious injuries.
- Improper assembly – Improper crane assembly is a major cause of boom collapses, which lead to crane accidents. When a crane lacks the necessary support or blocking to carry a balanced load, the uneven load arrangement splits off and causes the crane to collapse.
Crane operators and other workers working below during the event will be at high risk of serious injury. A safe crane operation is impossible without a proper and successful crane assembly.
- Overturned cranes –Improper operation, maintenance, or inspection errors can jeopardize a crane’s ability to operate safely. This could cause such cranes to overturn while in motion, resulting in a falling load and a collapsed crane. Workers nearby may suffer fatalities or serious injuries.
2. Exposure To Overhead Power Lines or Mechanical failure
Before work begins, the crane operator and other workers performing duties in the crane area must be aware of the connection of the power lines around the construction site. This is to prevent electrocution from coming into contact with overhead power cables, which could lead to an accident on the job site.
Also, if crane components are not regularly greased or if parts that wear out too quickly are not repaired or replaced when necessary, this is referred to as mechanical failure and can lead to serious accidents.
As a result, it is best for equipment operators to perform routine maintenance to ensure that all machines and wire connections are in perfect working order before beginning work with them.
3. Improper Employee Training
When you don’t understand how a device works, you’re more likely to fail. This also applies to operating a machine on construction sites; a crane operator’s lack of proper training will result in crane accidents that can change the lives of many workers, nearby pedestrians, or anyone present at the time of the incident.
Employers must ensure that their employees (workers and staff) are properly educated and have successfully completed OSHA safety-related courses for operating mobile cranes and other types of cranes. Furthermore, employers and other workers must take extra precautions to keep a safe distance from crane operations and other workplace activities.
4. Inconsistent Inspections
Before an operator mounts the crane for operation, a well-trained and experienced crane inspector must come by and inspect its proper operation. Failure to inspect the crane at the appropriate time can result in a fatal accident while working. It usually occurs when an employer is under pressure to complete a project quickly and efficiently; they are usually uninterested in conducting a thorough inspection.
Rather than giving the inspector adequate and meaningful time to complete his work, some companies would prefer to have someone enter and waste five minutes before confirming the crane and allowing the activity to continue. This carelessness endangers every member of the construction crew.
Assume inspectors can take extreme precautions to ensure that any crane they approve for use is safe and secure. In that case, there will be far fewer tragic crane accidents while construction is underway.
What Right Do You Have Under The Law in New York After A Crane Accident?
Under New York state labor laws, you have every legal right to sue and be compensated by anyone—contractor, property owner, engineer, or architect—who causes you damage or injury on the construction site. You may also take legal action against the company that supplied or manufactured the faulty crane.
Moving on, if you or a loved one has been injured in a crane accident in New York, you have three best options for compensation or benefits, which include the following:
• Workers’ Compensation Benefits or Claim
This benefit is available to any worker who was injured on the job site during working hours, regardless of whether it was the fault of the employer or an error on the part of the employee. Every construction worker has the right to seek compensation benefits following a construction injury on the job.
Workers’ compensation benefits the worker by paying for all necessary medical expenses incurred during the injury and allowing him or her to earn missed wages if unable to work due to the injury.
Furthermore, it provides disability compensation to employees who are unable to work due to a permanent or temporary disability or who are forced to accept a lower-paying or lower-duty position. Furthermore, if the accident resulted in death, dependents’ survivors may be entitled to workers’ compensation death benefits.
To have the best chance of receiving all benefits to which you are legally entitled, it is best to leave your claim in the hands of an experienced personal injury New York attorney.
• Personal Injury Claim
An employee cannot sue their employer for an injury because workers’ compensation is the only available option. You can, however, file a personal injury lawsuit for damages against any third party involved in your injuries. This can include monetary compensation for physical pain, mental anguish, therapy, deformity, and other accident-related losses.
• Wrongful Death Claim
Because losing a loved one in a deadly crane accident is such a tragic incident that can happen to anyone, it is acceptable for you to file a wrongful death case for compensation. You may be eligible for compensation for your lost support and burial expenses.
We understand that you may be unsure about which lawsuit option to pursue; however, you need not worry because we are here to help. It is best if you arrange a free consultation with us or contact us immediately so we can examine your case, outline your legal options, and assist you in determining the best course of action for your situation.
At What Expected Time Can I File A Crane Accident Lawsuit?
It is critical not to be hesitant to assert your right to recoup damages the moment an injury occurs. Waiting too long may result in you missing out on valuable compensation. If you want to be eligible for benefits under a workers’ compensation insurance program, you must notify your employer within one month of the crane accident. After that, you’ll have a year to request benefits in writing.
However, if you are convinced that filing a personal injury lawsuit is your best option, you will have a little more time to act. The restriction lasts three years. As a result, you must file a claim for damages from the time of your accident (three years maximum).
Our law firm’s personal injury attorneys are available to relieve you of the additional stress of dealing with lawsuits for your construction-related injuries.
How Can The Dervishi Law Group, P.C. in New York Help You?
While your health and safety must come first following an unexpected incident, keep in mind that what you say and do in the aftermath of a crane accident may have an impact on any legal action you choose to pursue.
At the Dervish law firm, we put ourselves in your shoes to understand the stress and pain you may feel following a construction accident. We also take great pleasure in guiding our accident victims and their families through legal processes and alleviating their emotional or physical pain.
The steps below are part of our effort to ensure that you receive justice for your pain, both medically and financially.
• Seek Medical Treatment
We believe that your health is much more important after an accident, and we recommend that you seek medical attention first to ensure the health of your vital organs. A professional medical examination can help ensure that any wounds you sustain are properly diagnosed and treated.
Some injuries may go unnoticed by you because they are only visible to medical professionals. As a result, we make certain that you receive prompt medical attention.
Furthermore, medical assessments ensure that you begin treatment for your injuries and provide vital documents that can be used as evidence in your personal injury claim.
• Collection or Gathering Of Evidence Documents
It is critical that we gather as much evidence as possible to demonstrate that you suffered severe injuries as a result of the accident. The following items may be included in the evidence-collection procedure:
- Taking photos or video clips of the accident scene, physical injuries, and property damage caused by the accident.
- Gathering information and contact details from all parties involved in the crane accident.
- Calling 911 for immediate medical attention, as well as police to assist and file a police report.
- Obtaining all pertinent information and documents pertaining to the incident, such as insurance letters or correspondence with other parties, medical bills, and documentation from all appointments.
To evaluate and successfully pursue a personal injury claim, we must collect as much relevant information as possible. A knowledgeable NYC construction accident lawyer can ensure that you receive the correct information and make the best use of it for your case.
Contact Our Crane Accident Lawyers In New York For Help Today!
Strict safety procedures must be followed when working on crane-related construction projects. Do you or a loved one have an injury or pain resulting from a crane accident? Dervishi Law Group, P.C.’s legal professional team is available to assist you immediately.
We specialize in defending the rights of construction workers injured in crane accidents. It doesn’t matter to us if the crane operator dropped the cargo carelessly, there were mechanical failures, or if it wasn’t properly secured; we’re here to help you fight for the compensation you deserve.
Our contingency fee plan protects you because you don’t have to worry about the cost of legal representation until we win your case. For a free consultation, call 718-619-4525 or (917) 300-0797. You can also reach us by email at email@example.com.