Bethlehem is growing, and construction projects in the area are a huge source of employment. If you were injured in a crane collapse at work, you need legal help right away.
You can often file a lawsuit against negligent parties for a crane collapse injury, but Workers’ Compensation might also be available to you. These processes pay different benefits or damages, though you can often pursue both courses of action to get full compensation for lost wages, pain and suffering, and medical expenses.
For help, call Cardamone Law’s crane collapse lawyers at (267) 651-7945.
What to Do After a Crane Collapse Accident
In the aftermath of a crane collapse accident, there are three major steps you should take:
Get Medical Care
Go to the hospital and get any treatment you need for your injuries. Crane collapses can cause significant injuries, and waiting can potentially jeopardize your recovery or cause more harm, especially with head injuries.
Getting medical care also creates records of your injuries.
Collect Evidence
You will need any evidence you can collect, but you are probably too injured to collect anything in the immediate aftermath of the accident. If you can have a friend or coworker take pictures or get contact info for witnesses, that can be a huge help.
Otherwise, our lawyers can take care of collecting evidence, such as
- Work logs detailing who set up the crane
- Safety check records
- Medical records
- Financial records.
Call a Lawyer
You will need a lawyer on your side to help you get full compensation. Our crane collapse lawyers can negotiate with defendants, collect evidence, build strong cases, and help you understand your rights.
Filing Workers’ Comp Claims for Crane Collapse Injuries
When you get injured in the course of your job, you can typically file a Workers’ Comp claim against your employer. This only works if you are in fact an employee, and the injury happened because of work conditions or within the scope of you performing your job.
The Process
To get your benefits, you initially file notice of your injury with your employer within 21 days (though you technically get up to 120 days). They then file with their insurance carrier and decide to pay you or not.
If they deny you, your lawyer can file a Claim Petition with a Workers’ Comp Judge and get a hearing to decide your case. There are mandatory medical evaluations you need to undergo, and our lawyers can help you collect other evidence to bring your claim.
Compensation Available
Workers’ Comp pays for three main areas of benefits:
- Medical bills to cover all necessary treatment
- Wage-loss benefits are also available if your injuries keep you from working for over 7 days. These pay 2/3 of your pre-injury wage or 2/3 of the difference in pre- and post-injury wages, subject to caps and floors.
- “Specific loss” benefits are paid at 2/3 of your average wage, subject to caps and floors, for a number of weeks depending on your injury. These are paid only for permanent amputation, lost function, lost vision, lost hearing, and significant facial scarring.
Filing Third-Party Lawsuits for Crane Collapses
Lawsuits can be filed on top of a Workers’ Comp claim if a third party was responsible. You cannot typically sue your employer for work injuries, and they pay benefits regardless of fault. Even so, nothing stops you from suing other responsible parties.
Damages
These lawsuits pay full damages for medical bills, lost wages, and pain and suffering, plus any other economic damages you face. These can overlap in part with Workers’ Comp payments, and your employer can recoup anything they already paid to shift the burden to the at-fault party.
Who to Sue
These lawsuits are often filed against
- Crane manufacturers
- Other equipment and material manufacturers (e.g., manufacturers of cables, pallets, etc.)
- Operators
- Crane rental companies
- Safety equipment manufacturers
- Contractors
- Property owners
- Other construction companies.
FAQs in Crane Collapse Accidents
Can You Sue?
You cannot sue your employer for work-related injuries, but you can sue third parties. However, Worker’s Comp might be able to pay employees without any need to prove fault.
If you are not covered under Workers’ Comp (e.g., if you are an independent contractor), then you can file a lawsuit freely against at-fault parties.
Who Can You Sue?
Lawsuits are commonly filed against crane manufacturers, equipment manufacturers, operators, property owners, and outside construction firms or crane rental companies.
Is Workers’ Comp Available for Construction Workers?
Workers’ Comp is supposed to be available for any employees within Pennsylvania. This means that if you are an independent contractor, you might not have Workers’ Comp, but you might still be able to sue at-fault parties.
How Much is My Case Worth?
Each case is unique. However, you may be able to start calculating the costs of your case by taking your lost wages (or 2/3 of them for Workers’ Comp) and medical bills. For lawsuits, our lawyers can also help you calculate pain and suffering damages.
How Long Will a Claim Take?
Workers’ Comp claims are often faster, and they are typically filed first. If your claim is denied and you have to go before a Workers’ Comp Judge, the case can often take 3 months to a year, or longer in complex cases.
A lawsuit often takes 8 months to 2 years, depending on the complexity.
What is the Deadline to File a Claim?
Lawsuits must be filed within 2 years of the injury.
Workers’ Comp claims require you to notify your employer of the injury within 21 days (or up to 120 days) and file a Claim Petition within 3 years of the injury.
Do I Need a Lawyer?
If your employer grants your Workers’ Comp benefits, you might not need a lawyer for that. However, any time your employer denies your claim and you need to file a Claim Petition, you may not be able to progress your case without an attorney.
Lawsuits are also incredibly difficult without a lawyer. Plus, you should never accept a settlement without having a lawyer review your case first.
Call Our Crane Collapse Lawyers in Bethlehem Today
For your free case evaluation, call Cardamone Law’s crane collapse attorneys at (267) 651-7945.
