(212) 285-3300
If you have been injured in a crane accident in New York City, you may be entitled to compensation. Crane injuries can be among the most severe types of construction site accidents, with many individuals requiring emergency room care, follow-up treatments, and rehabilitation. Your ability for legal recovery will hinge on proving liability, linking your injuries to the incident, and demonstrating your damages. To learn about the validity of your claim, contact our New York City crane construction accident attorneys at Lipsig, Freund & Wisell, PLLC.
Common Causes of Crane Accidents in New York City
A New York City crane accident may be caused by any of the following:
Crane Boom Collapse
A boom (the long anchor arm that extends up the crane to lift and hold heavy materials) may collapse due to overloading, improper operation, or mechanical failure. This can result in injuries to workers in the immediate vicinity as well as structural damage.
Dropped Crane Loads
Improper rigging, overloading, or equipment failure can cause a load to fall unexpectedly. This can cause serious injuries and fatalities, with a crane operator having little to no time to warn workers on the ground.
Overloading
An estimated 80 percent of crane tipovers are attributed to exceeding the crane’s operational capacity. OSHA mandates that cranes are not loaded past their rated capacity, with test loads not to exceed 125 percent of the rated load. A crane that tips over can result in workers experiencing crush injuries as well as extensive property damage.
Inexperienced or Unqualified Crane Operators
Cranes are used in connection with construction, excavation, and demolition. Given the intricacies of safe handling, crane operators in New York City must be licensed by the NYC Department of Buildings, one of the most demanding operator licensing regimes in the country. Operation by inexperienced operators may cause pedestrians to be struck by crane components, dropped loads, or crane tipovers.
Contact with Electrical Power Lines
A crane boom or cable that comes in contact with a power line can cause the operator and anyone in the vicinity to be electrocuted. Electrocutions are attributed to one out of every 10 construction worker fatalities. Electrocutions are most common with mobile cranes, making it essential that workers employ safety controls and use designated spotters as preventive measures.
Negligent Inspection or Maintenance
While operator error or mechanical failures are most often associated with crane accidents, improper maintenance can also be the culprit. OSHA regulations require that cranes be inspected annually, with monthly inspections of running ropes, hoist chains, and other load-bearing components. In addition to OSHA standards, crane operators should follow the regulations set forth by the American Society of Mechanical Engineers (ASME).
Workers’ Compensation versus Personal Injury Claim
If you have been injured by a crane on a construction site, you will likely file a workers’ compensation claim. You are permitted two years to remit workers’ compensation claim forms in New York, although you must report the incident in writing to your supervisor or employer within 30 days. Although workers’ compensation benefits cover all reasonable and necessary medical expenses as well as wage replacement, only a portion of your lost wages will be reimbursed.
However, you may be eligible to pursue a third-party personal injury claim against a general contractor, property owner, or manufacturer if you can prove their responsibility for the harm you sustained. A successful personal injury claim will allow you to recoup the entirety of lost wages, though this process is more arduous. The New York statute of limitations for a personal injury claim is three years.
Even if you are outside this timeline, certain exceptions may allow you to “toll” the statute of limitations, extending the deadline. If you have missed the statutory deadline, our New York City accident attorneys are happy to discuss legal alternatives.
Consult with Our New York City Crane Construction Accident Lawyers Today
Given the inherent dangers of operating a crane and how common they have become on construction sites, it is no wonder that crane injuries are on the rise. At Lipsig Freund & Wisell, PLLC, our New York City crane construction accident attorneys know that crane injuries can impact your ability to work and perform routine tasks. For decades, our legal team has helped victims of construction accidents and is more than happy to assist you. To arrange your free consultation, our office can be reached online or by calling (212) 285-3300 today.