Crane Accidents
With more than 125,000 cranes currently operating in the United States construction industry and another 80,000 to 100,000 cranes operating in the general and maritime industries, it is not surprising that crane accidents are one of the leading causes of work-related deaths and injuries in the nation. Personal injury attorneys who specialize in crane accident injuries cite statistics released in May 2008 by the U.S. Department of Labor that show there are as many as 82 fatalities annually associated with cranes in construction accidents. Cranes also are implicated in hundreds of occupation related injuries every year. In addition to the more than 250,000 crane and tower operators, many other working people are at risk of injury from a crane accident, including construction laborers, electricians, welders, cutters, manufacturing workers, and miners.
The majority of crane accidents that cause serious injury or death are highly preventable. Companies involved in crane operation have a duty to meet a variety of safety standards and take precautions to prevent crane accidents. The Occupational Safety and Health Administration (OSHA), for example, issues a detailed set of crane-related regulations with which companies must comply. In addition, employers also have responsibility for posting safety information and adhering to manufacturer's specifications and limitations for rated load capacities, operating speeds, hazard warnings, etc. Companies that fail to comply can be held liable when crane accidents occur.
At least 40 percent of all crane accidents involve injury caused by electrocution from the crane contacting a power source during operation. According to OSHA common causes of crane accidents also include overturned cranes, rigging failure, boom buckling or collapse, improper assembly/dismantling of crane, falls, dropped loads, and outrigger use. Other studies estimate that mechanical failure accounts for eleven percent of all crane accidents. These and other crane accidents are often the result of lack of preventative maintenance, inadequate training, lack of experience and supervision, failure to conduct required inspections, and other types of negligence.
In the event of a crane injury, a thorough investigation and evaluation of the cause(s)--conducted by a personal injury attorney with direct experience handling crane accidents--is always the best way to proceed. Once the cause of the crane accident, the severity of the crane-related injury, and the availability of insurance are determined and liability is ascertained, a crane injury lawyer and the victim can reach an informed decision about whether or not to pursue a lawsuit or other legal option.
Several key factors can influence that decision, such as workers compensation benefits. The Workers' Compensation Act provides clearly defines benefits to workers injured on the job or workers who suffer an occupational disease arising out of and in the course of employment. The benefits under workman's comp include weekly payments based on a percentage of the employee's average weekly wage. These weekly payments are provided for temporary total disability, partial disability, permanent and total disability, permanent loss of function, and disfigurement. Workers comp also covers medical expenses for any treatment that is reasonable, necessary, and related to the industrial injury, as well as vocational rehabilitation services. Unfortunately, workers compensation alone may be insufficient compensation, especially in the case of very serious and catastrophic personal injuries like those that can occur at construction sites and other places of work involving crane.
When a crane accident occurs, third-party liability also comes into account, making these cases complicated and arduous to litigate and negotiate. The construction company, architects, property owners, insurance companies, and crane equipment manufacturers involved in the construction project all can be held accountable. A crane injury lawyer may consider filing claims against the general contractor, who may be responsible for supervision and contractually responsible for the injury. However, since most sites involve many subcontractors and other legal entities, it is very common for construction injury attorneys to locate several potential third party defendants, as well. Third-party negligence cases require immediate attention and expertise because the responsible third party may be difficult to locate and evidence such as a piece of defective machinery needs to be preserved.
The skilled personal injury lawyers and crane injury lawyers at Schwartz Zweben LLP have successfully represented many victims injured in construction accidents. They understand the complexities of investigating, litigating, negotiating, and resolving construction injury claims and are fully knowledgeable of the liability issues, medical ramifications, and legal options involved. Our resources include a top-notch team of professional investigators and experts who can analyze the evidence and help our crane injury attorneys obtain swift justice and maximum compensation for victims and their families.
If you have suffered a crane injury, or if a loved one has died as the result of injuries sustained in a crane accident, contact the law offices of Schwartz Zweben LLP. A crane injury lawyer on our team can offer you a free, confidential evaluation of your case and advise you of your rights.
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