Crane collapses are one of the most serious causes of injuries on construction sites. Workers can face injuries because of negligent training, problems with the crane setup, or issues with the materials and cables used. These accidents can be catastrophic, and Workers’ Compensation is often available to help you.
Our lawyers can take your case and investigate whether Workers’ Comp is your only option or whether any third parties might also be liable in a lawsuit. In either case, we will work to maximize your damages and benefits and protect your right to recovery.
For a free case review, call Cardamone Law’s crane collapse and injury lawyers by dialing (267) 651-7945 today.
Common Crane Accidents on Construction Sites
Crane accidents can happen in many ways with many different causes. Our crane collapse and injury attorneys can help you get compensation from any of these accidents or issues:
- Operator error
- Negligent training of operators
- Snapped cables
- Overweight loads
- Improper setups (unstable ground, improper counterweights, etc.)
- Dropped loads
- Hitting buildings, power lines, and other cranes
- Structural and mechanical failure.
When cranes collapse, tip, or otherwise injure workers from these causes, there are potential grounds for a lawsuit, or at the very least a Workers’ Comp claim.
How to Recovery Compensation for a Crane Collapse Injury
As mentioned, there are usually two routes to recovery: Workers’ Comp and lawsuits. In many cases, injured workers can file claims through both routes to maximize their recovery.
In a Workers’ Comp claim, you get payments from your employer’s insurance carrier to cover medical bills and a portion of lost wages. Typically, the lost wages are paid at 2/3 of your average wage from before the accident, subject to some caps and minimums. If you are working for a reduced wage while recovering, your wage-loss benefits would be 2/3 of the difference in pre- and post-injury wages.
On top of this, a lawsuit can be filed to recover compensation from the at-fault party, as long as you file against someone other than your employer. Employees cannot sue their employer for work-related injuries, but outside third parties can be held liable.
This can help you recover the rest of your damages, such as property damage, incidental expenses, the rest of your lost earnings, and pain and suffering damages.
Workers’ Comp is only available to employees, not independent contractors. However, depending on the nature of your work and employment structure, you might be misclassified as a contractor, and your right to Workers’ Comp might be vindicated in court.
The Workers’ Comp Process for Crane Injuries
When you file a Workers’ Compensation claim, you start by notifying your employer of the injury. They should know about an accident as obvious as a crane collapse, but you still need to notify them about the specifics of your injury and start getting medical care. Your notice should come within 21 days of the accident, but you are still eligible for a claim as long as you give notice within 120 days.
From there, they file a claim with their insurance carrier and let you know the result within 21 days of your notice. They can either start paying benefits, offer you a settlement, pay temporary benefits and extend their investigation, or deny your claim.
If you are denied, we can take the case before a Workers’ Comp Judge. At a hearing, we can argue for benefits by proving two important elements:
- Your injury was work-related
- Your injury is disabling, resulting in lost earning capacity.
From there, we may be able to settle the case, or else the judge decides the case. There is no jury trial in a Workers’ Comp claim.
Lawsuits for Crane Collapses
If a third party was liable for the injuries, you can often sue them. This could potentially be one of these parties:
- Materials and equipment manufacturers, e.g., the company that made weak cables
- The crane manufacturer
- An outside company hired to supply the crane and a trained operator
- A driver who crashed into the crane and caused it to collapse.
While Workers’ Comp claims are paid for any work-related accident, you need to prove fault before you can succeed in a lawsuit. This means proving four things in court:
- The defendant owed you a legal duty
- They breached that duty, often through carelessness, inattention, or inadequate skill/training
- The breach caused your accident
- The accident resulted in injuries you can get compensation for.
Compensation usually covers lost wages, medical expenses, and pain and suffering, plus other expenses caused by the accident. However, if you already filed for Workers’ Comp, you may have medical bills and 2/3 of your lost earnings covered. As such, the Workers’ Comp insurance carrier may be able to get these costs paid back out of your lawsuit’s winnings.
This still ultimately leaves you with more compensation and covers areas of damages you could never claim in a Workers’ Comp case.
Deadline to File Your Claim
Workers’ Compensation claims are typically filed within 21 days of the accident, but there is a final outside limit of 120 days from the accident. Once your case is denied, you can take it before a Workers’ Comp Judge, which must be done within 3 years of your accident.
Injury lawsuits filed in court must be filed within 2 years of the accident. This time limit is laid out in the statute of limitations.
When to Call a Lawyer
While you may have 2 years to file a lawsuit and 120 days to file your initial Workers’ Comp claim, you should act much quicker than this. Claims should be filed within 21 days to avoid delay when it comes to Workers’ Comp benefits.
Any delays mean more time without coverage for your medical bills and replacement lost wages. On top of this, evidence might be lost or destroyed, such as security camera footage. Calling a lawyer quickly means getting us started on your case and on evidence collection as soon as possible.
Call Our Crane Collapse and Injury Attorneys in Philadelphia Today
For a free case review, call the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law at (267) 651-7945.
