Managing Partner
Cranes are a familiar site in New York City, but they are unfortunately associated with severe accidents as well. When a crane or hoist causes someone to get hurt or lose their life, it’s important to understand why it happened and who was responsible.
A knowledgeable attorney can help you and your family identify the liable parties after a crane or hoist accident. Turn to the experienced Long Island personal injury lawyers of Dell & Dean, PLLC. We take the steps necessary to name the responsible parties and hold them liable.
Possible Liable Parties in a Crane or Hoist Accident
Identifying the party or parties who may have been responsible for the accident is an important first step. Naming the wrong party, or leaving someone out, can jeopardize your right to compensation. The identity of the legally responsible parties will depend on several factors.
For instance, you will need to know what caused the accident itself, who was in charge of the construction site, who employed the crane or hoist operator, and other details. Based on the facts of your accident, these parties could be liable for a New York City accident:
- Crane or hoist company: This could be the company that owns, leases, or rents out the crane or hoist. This company may have had a duty, for instance, to inspect or maintain the equipment, yet failed to properly do so.
- Operator or employer: The actual operator may be liable if they failed to use reasonable care in how they did so. Negligent operation may point back to the operator’s employer as well.
- Equipment manufacturer: Any number of components like the crane, hoist, sling, cable, hook, or other component could have been defectively manufactured or designed. A product liability theory may support the victim’s claim for compensation.
- Property owner: The property on which the work was performed may have had a hazardous condition that the owner either knew or reasonably should have known about. For instance the ground may have been unusually soft and allowed the crane to shift.
- General contractor or subcontractor: Another possibility is that the general contractor negligently supervised or coordinated the work. The subcontractor, meanwhile, may have been more directly responsible for the conditions that contributed to the accident.
- Maintenance or repair company: Cranes and hoists require careful maintenance and need to be repaired if something breaks down. Their work may have been negligent.
How New York Labor Laws May Impact Your Case
New York has special labor law protections for construction workers in New York City, Long Island, and elsewhere in the state. Violations of these laws can help victims because they may not have to prove the elements of an ordinary negligence claim.
For instance, Labor Law § 240(1) imposes a duty on owners, contractors, and others concerning the use of safety devices to avoid elevation-related dangers. Merely because a crane or hoist accident happened does not, alone, establish liability. The injury must be specifically addressed in the statute.
Section 241(6) obligates owners and contractors to provide reasonable and adequate protection and safety at construction sites. To invoke this statute, the victim must, among other things, identify a specific, applicable Industrial Code regulation that the responsible party violated.
Labor Law § 200, meanwhile, codifies a common-law duty to provide workers with a reasonably safe workplace. Evidence of negligence that created a dangerous condition on the construction site may, depending on the circumstances, make an owner or general contractor liable.
Workers’ Compensation Vs. Third-Party Injury Claims
If you were hurt in a New York City or Long Island accident involving a crane or hoist, you may have one or more ways to recover compensation. Your first option may be workers’ compensation. But depending on the facts of your case, a third-party claim might be available.
Workers’ comp and third-party personal injury lawsuits work differently. Whereas workers’ comp does not require proving fault, a personal injury suit does. Workers’ comp is generally the only remedy employees have against their employers for a workplace accident.
However, workers’ comp benefits are limited versus personal injury damages. For instance, with workers’ comp you might recover medical bills, partial wage replacement, and permanent disability benefits, among others. But you can seek more expansive compensation with an injury claim:
- Present and future medical expenses
- Full lost income
- Lost future earning capacity
- Non-economic damages like pain and suffering (not available with workers’ comp)
It’s important that you speak with an experienced New York construction accident lawyer to determine which options you have. If the property owner or another third party was negligent, you could claim both workers’ compensation and personal injury damages.
Evidence That May Help With Your Claim
One important role that a Long Island construction lawyer has is to investigate how the crane or hoist accident happened and who was responsible. During this process, your lawyer may acquire such evidence as:
- Photos and videos of the accident scene
- Inspection records for the crane or hoist
- Witness statements and depositions
- Equipment manuals and specifications
- Internal records belonging to the crane or hoist manufacturer
- Details about the load (e.g. weight, dimensions, and attachment method)
- Qualifications for the crane operator
- Site safety and OSHA inspection records
- Permits and other filings
- Prior complaints and lawsuits
- Expert witness opinions and accident reconstruction
Take Action Now to Claim the Compensation You Need
Identifying the liable parties is one of the first steps towards claiming compensation for medical bills and other losses. Dell & Dean is here to walk with you through the rest of them as well. Get in touch with us now to begin working on your New York construction accident claim.
