If you were hurt in a crane accident on a New York City construction site, you likely have the right to workers’ compensation, and in many cases, you may also be able to file a separate lawsuit against a party other than your employer. Those are two different paths, and understanding both is the first step to getting the compensation you actually need.
Crane accidents are some of the most catastrophic construction accidents there are. A dropped load, a collapsed boom, or a rigging failure can happen in seconds, and the injuries that follow are often life-changing. If this happened to you, you’re probably dealing with pain, medical bills, and a lot of questions about what happens next.
The Edwards Firm LLP has handled serious construction accident cases across New York, and we’re here to walk you through your rights.
How Crane Accidents Happen
Crane operations require coordination between a lot of moving parts, and a lot of people. When that coordination breaks down, workers get hurt. Common causes include:
- Operator error or lack of proper training
- Overloading the crane beyond its rated capacity
- Improper rigging or securing of the load
- Mechanical failure or poorly maintained equipment
- Failure to inspect the crane before use
- Unstable ground or improper crane setup at the site
- Miscommunication between the operator and ground crew
Because so many parties are involved in a single crane operation, more than one of them can share the blame for an accident.
Workers’ Compensation vs. a Third-Party Lawsuit
This is the part of your case that matters most, so let’s break it down simply.
Workers’ Compensation
If you were injured on the job, you’re generally entitled to workers’ compensation benefits regardless of fault. That typically covers your medical bills and a portion of your lost wages. What it does not cover is pain and suffering, or the full extent of your lost earning potential.
You usually cannot sue your own employer directly, since workers’ comp is meant to be your remedy against them.
A Third-Party Personal Injury Claim
Here’s where things open up. If someone other than your employer contributed to the accident, you may be able to file a separate lawsuit against that party. This could include:
- The general contractor, if they failed to coordinate the site safely
- The property owner, who may be liable under New York Labor Law even without directly supervising the work
- A crane rental or maintenance company, if the equipment was poorly maintained
- A subcontractor, if their crew’s negligence contributed to the accident
- The crane’s manufacturer, if a defective part or design caused the failure
A third-party claim can pursue full lost wages, future earning capacity, and pain and suffering, on top of whatever workers’ comp already covers.
New York Labor Law and Crane Accidents
New York offers construction workers some of the strongest legal protections in the country, and crane accidents often fall squarely within them.
Labor Law 240(1): The Scaffold Law
This law can impose what’s known as absolute liability on property owners and general contractors for gravity-related accidents, like a worker falling from height or being struck by a falling load. If a crane dropped a beam, a piece of equipment, or any material that struck you, this law may apply, and your own actions on the day of the accident may not reduce what you’re able to recover.
Labor Law 241(6)
This law requires owners and contractors to comply with specific safety rules under New York’s Industrial Code, including rules that govern crane operations directly. A violation of those rules can support a claim even where Labor Law 240(1) doesn’t apply.
You can learn more about how these laws apply to construction accidents on our practice area page.
What If You Weren’t a Construction Worker?
Crane accidents don’t only hurt the people working underneath them. Bystanders and passersby injured by a crane collapse or falling load may also have the right to pursue a personal injury claim against the construction company, crane operator, or property owner. If this happened to you, you may still have a case, even though you don’t have a workers’ comp claim to fall back on.
What to Do After a Crane Accident
- Get medical attention right away, even if your injuries seem minor at first.
- Report the accident to your supervisor and make sure it’s documented.
- Take photos of the scene, the crane, and the load involved, if it’s safe to do so.
- Get names and contact information for witnesses.
- Don’t give a recorded statement to an insurance adjuster before speaking with a lawyer.
- Contact The Edwards Firm LLP as soon as possible. Evidence at a construction site moves fast. Equipment gets serviced, moved, or replaced, and records can be harder to get the longer you wait.
Why Insurance Companies Push Back Hard on Crane Cases
Crane accident claims tend to involve serious injuries and serious money, which means the insurance companies representing contractors, crane companies, and equipment manufacturers fight these cases aggressively. They’ll look for any reason to shift blame onto you, or onto another worker, instead of the parties who set the accident in motion.
Attorney Lennon Edwards spent years working as an insurance-defense attorney before founding this firm. He’s seen exactly how these companies build their defense, and now he uses that knowledge to take it apart for our clients. Our firm has recovered significant settlements for construction workers hurt on the job, including $3,600,000 for a Brooklyn worker injured when a wall collapsed at a job site, and $1,500,000 for a construction worker who suffered a neck injury after a fall. You can review more of our construction accident case results directly.
How Long Do You Have to File a Claim?
In many crane accident cases, an injured worker generally has three years from the date of the accident to file a lawsuit. If the project involved a government entity, that deadline could be dramatically shorter, sometimes as little as 90 days. Even if you’re not sure yet whether you want to pursue a claim, it’s worth talking to an attorney early so your rights are protected either way.
Talk to The Edwards Firm LLP Today
A crane accident can change your life in an instant, and figuring out your legal options while you’re recovering shouldn’t fall entirely on your shoulders. That’s what we’re here for.
The Edwards Firm LLP is strong enough to fight, and smart enough to win. Client first, last and always. We fight for maximum recovery for injured construction workers across New York, and we never back down when fighting is the right thing to do.
If you or someone you love was hurt in a crane accident in New York City, reach out for a Free Case Evaluation. Visit our Construction Accidents page to learn more, or call us directly at (347) 729-7685.
This blog post is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For guidance specific to your situation, please contact The Edwards Firm LLP directly. See our full disclaimer for more information.