Crane accidents can cause serious injuries that leave you disabled for quite some time. When you get hurt in a crane accident at work, Workers’ Comp may be able to cover your injuries in full.
Our lawyers can help you file a claim with your employer to get your medical bills, lost earnings, and permanent injuries covered. We can also investigate whether a lawsuit might be available to provide additional damages, like pain and suffering.
For your free case review, call Cardamone Law’s crane accident attorneys at (267) 651-7945 today.
Can You Sue for a Crane Accident?
When accidents happen at work, you may have two routes to recovery:
Lawsuits
You cannot usually sue your employer for work-related injuries if you are an employee. This potentially blocks this route to recovery if your employer or a coworker was responsible for your injuries, but not if an outside party was liable.
Who You Can Sue
This could allow you to sue
- Crane manufacturers for defects
- Construction companies supplying the crane and operator for improper setup or negligent operation
- Manufacturers of cables, pallets, and materials that break or injure you
- Property owners who hire cranes that injure you at a nearby worksite.
To win this lawsuit, you would have to prove this third party was at fault.
Workers’ Compensation
Workers’ Compensation is also required for all employees in Pennsylvania. This pays damages regardless of who caused the accident and allows you to get coverage for
- Accidents your employer or coworkers cause
- Accidents an outside third party causes
- Accidents you cause
- Accidents that were unavoidable.
This provides damages, but does not cover pain and suffering or certain additional economic expenses. It also pays only 2/3 of your lost wages, typically.
Filing Both Claims
However, when a lawsuit is also available, you can file both claims. Anything paid twice will see your employer reimbursed for what they already paid you. You can keep the other damages the lawsuit pays that Workers’ Comp does not cover.
Common Crane Accidents
Crane accidents can happen in a few categories:
Tipping and Falling
If a crane falls or tips over, it is usually because of improper setup. This means the counterweights, foundation, or outriggers were not set up properly to keep the crane stable.
Dropped Cargo
When the cargo suddenly drops – or is set down from too high up – it can cause damage to structures, vehicles, and people below. This is often caused by lines or cables snapping because of wear and tear, improper inspection, or improper setup.
It can also be caused by operator error or because of high winds or sway requiring the operator to drop the load to avoid additional damage.
Collapse and Failure
If the boom or arm collapses under its weight, it can cause catastrophic injury to the operator and everyone below. This is often a mistake of improper setup, carrying too much weight, or improper operation.
Hitting Power Lines
If the operator cannot see the powerlines or negligently operates the crane, it can injure anyone touching or operating the machine. It can also lead to secondary accidents, like dropping the payload.
Damages Available
Some of these damages are only available through one type of claim, but they are all important damages to consider.
Medical Care Costs
The cost of all medical care can be paid through Workers’ Comp, but it can also be recovered in a lawsuit. This can pay for surgeries and emergency care as well as ongoing care needs like physical therapy and rehabilitation.
Lost Wages
If you miss any work, you could be entitled to damages for your total inability to work, or the difference between pre- and post-injury wages.
Typically, Workers’ Comp pays only 2/3 of these amounts, subject to caps and floors. However, a lawsuit can potentially recover the rest.
Specific Loss
Specific loss benefits are special benefits paid under Workers’ Comp for permanent amputation, lost function, significant facial scarring, lost vision, or lost hearing. These pay a certain number of weeks of benefits, depending on the injury.
The rate is 2/3 of your pre-injury wage. This also has caps and floors.
Pain and Suffering
More broadly, you can seek compensation for the physical pain, mental suffering, and emotional distress an injury causes you. This is higher for amputations and permanent injuries, but lawsuits can pay these damages for any injury, not just permanent ones.
These are not available through Workers’ Comp.
FAQs for Crane Accidents in Pittsburgh
What Should I Do After a Crane Collapse?
Get immediate medical care and report the accident to your supervisors. You may be so severely injured that you have to go straight to the hospital, but if you can get someone to take pictures of the scene of the accident, that can help us with your case.
Then, call our crane collapse lawyers. We can help with the rest of the evidence collection and claims.
When Do I File My Claim?
Workers’ Comp claims are filed by providing notice of your injury to your employer within 21 days (though you can still recover if you file within 120 days). This is often denied, meaning you need to file a Claim Petition with the Department of Labor and Industry’s Office of Adjudication to get the case assigned to a Workers’ Comp Judge. That claim must be filed within 3 years of the injury.
If you want to sue, you file in court within 2 years of the accident.
How Long Does My Case Take?
Workers’ Comp claims can technically be paid within a month or so of the injury, but this is unlikely. They are more likely to take 3-6 months if settled or 10-12 months if contested. Lawsuits can take more than a year, and sometimes more than two.
What Evidence Do I Need?
Your primary focus after a serious injury should be getting treatment and focusing on your recovery; we can worry about evidence collection.
Much of the evidence needed will be medical, including exams and reports. For Workers’ Comp, you typically also need to attend exams your employer pays for to collect evidence with their chosen doctors.
Aside from that, we can also take witness depositions, take photos, talk to experts, and look for security video of the accident.
Call Our Crane Accident Attorneys in Pittsburgh Today
For your free case review, call the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law at (267) 651-7945.
