Crane accidents on construction sites can quickly result in devastating injuries. If you were injured in such an accident, understanding crane accident liability in New York is important when exploring your legal options and potential compensation methods.
A construction accident lawyer in New York can review your case and walk you through the compensation process. This guide is also a good starting point for establishing liability in your accident.
Common Causes of Crane Accidents in NYC
Cranes represent a significant workplace hazard that, unfortunately, accounts for many injuries each year. The Census of Fatal Occupational Injuries (CFOI) found that a total of 297 crane-related deaths happened between 2011 and 2017 in the U.S. Over half of them involved the worker being struck by equipment or an object, and approximately 43% took place in the private construction industry.
In this report, New York ranks third for the number of fatal injuries involving cranes, with 16 total during the eight-year period.
A few common examples of how cranes can cause accidents include:
- The crane tipped over due to exceeding the load capacity, operating the crane on uneven ground, or improper use of the outrigger.
- The crane touched an energized power line, which can electrocute workers or cause the crane to malfunction and drop equipment on passersby.
- The crane dropped a load because it was not properly secured or exceeded its rated capacity.
- A worker fell from the crane due to a lack of safety gear or training.
These incidents are all avoidable when using properly maintained equipment, operating the crane correctly, and following safety training and protocols. The Crane Inspection & Certification Bureau estimates that as many as 90% of crane accidents are due to human error.
Workers’ Compensation vs. a Third-Party Liability Claim for Seeking Compensation
When construction workers are injured in crane accidents, they usually qualify for workers’ compensation. This is a benefit that the majority of New York employers are required to provide their workers. It covers medical expenses from work-related injuries and pays out up to two-thirds of lost wages for workers who are off for more than seven days while recovering.
New York workers usually cannot hold their employers directly liable for injuries sustained on the job due to workers’ compensation laws. However, if you can prove that another party was liable for your accident, you may be able to seek compensation from them through a third-party personal injury lawsuit.
This would allow you to seek damages beyond what workers’ compensation covers, such as pain and suffering, emotional distress, and loss of quality of life.
Potential Liable Parties in a Crane Accident
Establishing liability for crane accidents in New York construction sites requires you to examine all of the parties that may have contributed to your accident. Potential liable parties may include:
- Equipment manufacturers who produced faulty equipment
- Contractors or subcontractors who operated the crane unsafely
- The construction site owner who failed to maintain a safe working environment
- The company that rented the crane to the construction company and failed to conduct the necessary maintenance and inspections
In some cases, several parties might share partial liability. New York also follows comparative fault laws, under which all parties involved in a lawsuit can be assigned a percentage of liability, and a plaintiff’s percentage of fault can reduce their potential compensation award by that amount. If you want to maximize your compensation in a crane accident lawsuit, you need to show that you did not contribute to your own injuries.
Determining Fault in New York Crane Accident Cases
Working with a crane accident lawyer can help you trace back how the accident happened and who may have been liable. You may need to investigate the circumstances leading up to the accident and speak with people who witnessed it to better understand exactly what occurred.
If you want to pursue a third-party lawsuit, you also need evidence of the defendant’s liability for the crane accident, which may include:
- Photos or videos of the accident scene
- Witness testimonies from coworkers or bystanders who saw the accident
- Maintenance or inspection logs
- Security camera footage of the accident itself
The more evidence you have, the more easily you will be able to prove that the defendant is “more likely than not” negligent in the accident, which is the legal standard for civil lawsuits. Your evidence should support these four elements of a personal injury case:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- An accident occurred as a result of the breach.
- You sustained damages as a result of the accident.
New York Statutes Surrounding Crane Accidents
Understanding New York labor laws and other statutes related to crane accidents can also help you navigate crane accident liability in New York. For example, Labor Law 240 holds construction owners and general contractors strictly liable for fall-related accidents that occur due to violations of certain safety standards.
If a worker fell from a crane and sustained injuries, it is important to investigate whether the site met safety standards under Labor Law 240. If these standards were not met, an injured worker would likely have a case without having to prove that the owner or contractor was negligent in causing the accident.
New York Labor Law 241 may also be relevant in crane accidents. It requires employers in construction, excavation, and demolition to provide adequate safety equipment for workers to perform their job duties. When injuries result from a lack of safety equipment, the injured worker may be able to cite a violation of Labor Law 241 to support their claim.
Consult a Crane Accident Lawyer in NYC
Crane accidents can produce life-altering injuries in the blink of an eye. If you need legal assistance establishing crane accident liability in New York or understanding your rights and options, our attorneys at Ross & Hill can help.
We represent clients who have experienced a range of construction injury causes, and our founding partners have both practiced personal injury law for nearly 40 years. Request a legal consultation today by calling 646-351-6222.
Frequently Asked Questions
What is the statute of limitations for pursuing a crane accident lawsuit in New York?
The statute of limitations for construction accident lawsuits in New York is three years from the date of the accident, except in a few limited circumstances. Filing your claim before this deadline is important to protecting your right to compensation.
When can you hold your employer liable for a crane accident in New York?
You can generally only hold an employer liable for injuries sustained on the job if they intentionally caused your injuries or failed to carry the legally required workers’ compensation insurance. Some accidents that result in “grave injury” may also be grounds for legal action against a liable employer. A crane accident lawyer in New York can help you explore all of your legal options.
What compensation is available for victims of crane accidents in New York?
Crane accident victims who are injured while performing their job duties typically qualify for workers’ compensation, which would reimburse them for necessary medical treatment related to the accident and a portion of their lost wages if they needed to miss work while recovering.
Pursuing a crane accident lawsuit may result in additional compensation, including non-economic damages that account for the accident’s physical and emotional toll. Establishing crane accident liability in New York is an important step in understanding your eligibility for compensation.
