When you are injured in a crane collapse, your recovery can be expensive. Workers’ Compensation and/or lawsuits are often available to get you the compensation you need.
When you file a Workers’ Comp claim, your employer has to pay for the accident, even if they were not at fault. However, a lawsuit might allow you to recover additional damages, even if you have to prove fault first. You cannot typically sue your employer for a work-related injury, but our lawyers can advise you on the best route to proceed in your crane injury case.
Call Cardamone Law’s crane collapse attorneys at (267) 651-7945 today.
Common Crane Collapse Accidents
Crane collapses can happen in many different ways, all potentially resulting in serious injuries:
- Snapped cables
- Improper counterweights
- Improper setups
- Defective or dangerous cranes
- Improper maintenance
- Improper use
- Improper training
- Drunken operation
- Bad weather
- Interference with electrical wires.
What to Do After a Crane Collapse
In the immediate aftermath of an accident, take the following steps:
- Call an ambulance and get medical care
- Take pictures of the accident scene if you can, or ask someone else to
- Follow through with the doctor’s orders and get all medical care you need
- Keep track of bills and expenses related to your care and resulting from the injury (e.g., childcare costs)
- Call a lawyer.
Our crane collapse attorneys can help you from there, advising you on what evidence you need to collect, what claims to file, what additional medical appointments you may need to gather evidence about your injuries, and other steps to take.
Lawsuits vs. Workers’ Comp for Crane Collapses
Workers’ Comp claims and lawsuits have some big differences to consider when seeking compensation for a crane collapse.
Fault
Workers’ Comp claims do not take fault into account; the employer is responsible no matter who caused the accident. However, you cannot get Workers’ Comp if you caused your injuries intentionally, through drug or alcohol use, or through illegal activity.
In a lawsuit, you must prove the defendant was at fault before they pay.
Damages
In Workers’ Comp, you can claim…
- Medical expenses to cover all necessary treatment, therapy, medication, etc.
- Wage-loss benefits to cover 2/3 of your pre-injury Average Weekly Wage (AWW), subject to caps at the statewide AWW or the lesser of 1/2 that amount or 90% of your AWW. If you are working while injured, you get 2/3 of the difference in pre- and post-injury AWWs.
- Specific loss benefits pay you 2/3 of your AWW (subject to a cap at the statewide AWW and a floor at half that) for a certain number of weeks depending on your injury. These benefits are only paid for permanent amputation, total lost function, significant facial scars, and lost vision/hearing.
On the other hand, lawsuits can involve damages for…
- All medical bills
- All lost wages
- Any other economic effects (e.g., property damage)
- Non-economic damages like pain and suffering, emotional distress, etc.
If damages are paid through both, your employer can usually claim back any amounts they paid when a third party was actually at fault. This prevents you from being paid double and makes the at-fault party ultimately responsible.
Deadline to File
In a Work Comp case, you have to act quickly. You must notify your employer of the injury within 120 days or you lose your case, though you are typically expected to provide notice within 21 days. Once they deny your claim, you file a Claim Petition within 3 years of the injury.
In a lawsuit, you must file within 2 years of the injury in most cases.
FAQs on Crane Collapses
Can I File for Workers’ Comp?
Only employees can file for Workers’ Comp, not independent contractors. Typically, you can file as long as your accident was work-related and left you with disabilities.
Can I Sue for a Crane Collapse?
Workers’ Comp laws prevent you from suing your employer for work-related injuries, but you can sue outside third parties for a crane collapse injury. Independent contractors also have no general restriction on lawsuits apart from the terms of their contract.
How Long Do I Have to Make a Claim?
Workers’ Comp claims typically require notice to your employer within 21 days, but you can still notify them up to 120 days after the injury. Your Claim Petition needs to be filed within 3 years of the injury.
Lawsuits typically give you 2 years to file.
Who Can I Sue for a Crane Collapse?
The defendant will depend on who caused the accident, but cases are commonly filed against…
- Crane manufacturers
- Clients
- Construction firms
- Property owners
What is My Case Worth?
Workers’ Comp benefits are often straightforward to calculate because they are based on your average wage from before the injury and the specific injury sustained. Lawsuit damages are often worth more because they include pain and suffering, plus other economic damages.
In any case, we cannot tell you what your case is worth without examining the facts.
Are Injury Lawyers Expensive?
Workers’ Comp lawyers and personal injury lawyers typically work on a contingency fee, meaning you pay nothing until we win your case. Because your attorney’s fees come out of the winnings, victims are more able to afford representation.
What Damages Can I Claim?
Injury victims can typically claim…
- Lost wages
- Medical expenses
- Other economic damages
- Pain and suffering.
Workers’ Compensation, however, pays reduced benefits and does not cover pain and suffering.
Do I Need a Lawyer?
You should always work with a lawyer so you do not get taken advantage of, miss damages you are entitled to, or undervalue your case.
Can I Settle My Case?
The vast majority of injury cases are ultimately settled, but you should never sign anything or accept money without speaking to a lawyer first.
Do I Need a Workers’ Comp Lawyer for a Workers’ Comp Claim?
Workers’ Comp is a very different system from lawsuits, and many personal injury attorneys do not take Workers’ Comp cases. However, our attorneys are certified in Workers’ Comp and take both Workers’ Comp and personal injury claims.
Call Our Crane Collapse Lawyers in Allentown Today
For a free evaluation of your case, call (267) 651-7945 to speak with the crane collapse lawyers at Cardamone Law.
