Crane Accident Lawyer Near Me in the Bronx, NY
Between 2011 and 2017, 43% of fatal crane injuries were in the private construction industry, according to the U.S. Bureau of Labor Statistics. In that time, New York had 16 fatal crane injuries. But when should you call a Bronx crane accident lawyer after being injured in a crane accident?
For help with your Bronx crane accident case, call us at Dervishi Law Group P.C. to schedule a free case evaluation with New York’s crane accident lawyer. Construction workers injured in crane accidents have the right to pursue compensation from workers’ compensation and third-party negligence lawsuits.
Common Injuries in Crane Accidents
Cranes are large pieces of heavy equipment that can lift large loads several stories into the air, often leading to catastrophic injuries for construction workers who end up in their path. Common injuries in crane accidents often include:
- Crushing injuries
- Internal bleeding
- Broken bones
- Limb amputation
- Spinal cord injuries
- Head injuries
- Traumatic brain injuries (TBI)
- Death
Workers’ Compensation for Construction Workers Injured in Crane Accidents
Workers’ compensation will cover two-thirds of lost wages based on the amount of disability you qualify to receive. Additionally, it will cover all healthcare costs associated with your injury. You must receive treatment from an authorized Workers’ Compensation Board practitioner except in cases of emergency.
If a worker dies due to their injuries in a crane accident, their family may claim survivor benefits, including weekly cash benefits for two-thirds of the decedent’s average weekly wages not to exceed the weekly maximum. Death benefits also include funeral or memorial expenses not to exceed $12,500 in Bronx County.
To file your workers’ comp claim, you will need to seek treatment for your injuries, notify your employer of the incident, and file your C-3 Employee Claim Form with the Workers’ Comp Board. You will need certain information to file your C-3 Form, including:
- Your contact details
- Employer information
- Your job title, duties, and gross rate of pay
- Details about the incident, including where you were, what you were doing, and whether you reported the incident to your employer
- Information about the injuries sustained, including body parts affected, treatment received, and time lost from work
Workers’ compensation is a form of liability insurance that prevents injured employees from suing their employers when they sustain injuries at work. But what if your employer isn’t the only negligent party who contributed to the accident?
Third-Party Liability for Crane Accidents at Construction Sites
Construction sites are busy places that often have multiple employers, vendors, and employees sharing the same spaces. While workers’ comp protects your employer from lawsuits, injured workers can file lawsuits against negligent third parties who contributed to their injuries. Potentially liable third parties can include:
- The construction site property owner who failed to secure the property appropriately for the work occurring on site
- The general contractor who organized the work if you work for one of the subcontractors
- A subcontractor whose employees left equipment unsecured or improperly loaded the crane
- A manufacturer that produced a faulty part on the crane or lifting assembly, causing the crane to collapse or drop its load unexpectedly
If you were injured in a crane accident or lost a loved one in a crane accident due to someone else’s negligence as a third party in the accident, you can file a personal injury claim or wrongful death suit. Contact a Bronx crane accident lawyer with our firm to learn more about your legal options.
Wrongful Death Claims for Family Members of Workers Who Died in Crane Accidents
Family members of construction workers who died in crane accidents can call our law firm to find a crane accident lawyer in the Bronx. We can help you file for workers’ compensation death benefits from the decedent’s employer, as well as help you investigate if any third party might share liability for your loved one’s death.
If a third party did contribute to the loss of your loved one, we can help you take the appropriate steps to file a wrongful death suit against the negligent party responsible for your loved one’s death.
How an Attorney Can Help Your Claim if You Were Injured in a Crane Accident
Workers’ comp claims are complex, as are personal injury or wrongful death lawsuits against employers and other business interests. Hiring a crane accident attorney with our firm can help you complete the appropriate paperwork and supply the correct medical documentation for your claim. We can also help you investigate if a third party contributed to your injuries or the wrongful death of your loved one.
If your claim is denied, we can help you procure additional evidence for your injuries and argue your appeal before the Workers’ Compensation Board.
Have you recently been injured in a crane accident?
As per the OSHA’s statistics, there are approximately 125,000 cranes in operation in the construction industry throughout the United States at any given time. Additionally, there are 80,000 to 100,000 cranes used in the maritime industry and in other general industries.
Due to various types of usage and size, the risk of injury or death while operating a crane is very high. The crane driver, other workers, and even people visiting the site are in danger of construction accidents caused by cranes.
What Are Your Rights after A Crane Accident in New York?
The crane accident victim, as well as their surviving family members, may be entitled to benefits or compensation. There are two primary sources of potential compensation from crane accidents.
The first is a workers’ compensation claim. Workers’ compensation benefits are available to all covered workers for any on-the-job injury, regardless of whether the employer was negligent or the employee made a mistake. Workers’ compensation benefits the worker by providing full medical bills and appropriate costs. It allows injured workers to receive lost wages if their injuries caused them to miss work. It also pays disability benefits to those workers who are permanently or temporarily disabled and either cannot work, or must take a lighter-duty or lower-paying job. Workers’ compensation death benefits are also available to surviving dependents if the accident was fatal.
The second option is to file a personal injury or wrongful death claim. A worker cannot file an injury lawsuit against the employer, as workers’ compensation is an exclusive remedy. However, if any third party was responsible for the injuries; such as the manufacturer of the crane, then a third-party lawsuit can be filed.
Common Causes of Crane Accidents
Being the largest piece of equipment on a construction site, cranes are responsible for more accidents than any other heavy equipment. OSHA has identified the top causes of injury as:
- Cranes coming into contact with energized power lines
- Overturned cranes
- Loads falling from cranes
- Boom collapses
- Crushing by the counterweight
- Damage from the hook-lifting device
- Falls
- Rigging failures
- Outrigger use problems
Read more about common causes of crane accidents
Crane Accident Lawyers serving New York City, Manhattan, Bronx, Westchester and the entire Tri-State area
At the Dervishi Law Group, P.C., we understand the stress that you are under following a construction accident. Our Crane Accident Lawyers are excellent in navigating the intersections of workers’ compensation, labor, and accident law. We excel in identifying the responsible parties and bringing justice to the victims.
Call (718) 484-4757 or (917) 496-8342 for a Consultation with Our Crane Accident Lawyer
If you have been injured in a construction accident involving a crane, please contact our crane accident lawyer for a free consultation. You can call us at (718) 484-4757 or (917) 496-8342 or email us at fdervishi@dervishilaw.com. Our service locations include New York City, Manhattan, Bronx, Westchester and the entire Tri-State area.
FAQ
For more information about crane accidents in New York, check out our FAQ below.
How long do you have to file your claim?
Generally, you’ll need to report your accident within 30 days of the injury.
Can you sue your employer for a crane accident injury?
No, you cannot sue your employer if they offer workers’ compensation. You might be able to file a lawsuit against a liable third party that contributed fault to your accident, but workers’ compensation is a form of liability insurance that protects employers from lawsuits by injured employees.
Do you need an attorney for a workers’ compensation claim?
While you can file a workers’ comp claim on your own through the online portal, you should have a Bronx crane accident lawyer ready to help with your claim for severe injuries like those often sustained in crane accidents. Insurance companies and employers often try to deny claims or reduce the value of costlier claims, making legal representation essential.