Were You Injured in a Crane Accident?
You may be entitled to compensation.
Who Can Be Held Legally Responsible for a Crane Accident in New York?
After a crane accident that results in injuries to construction workers, several parties may be held accountable in a personal injury lawsuit. It’s important to note that workers typically cannot sue their own employers, as workers’ compensation benefits are designed to cover those claims.
In many cases, lawsuits target third parties, such as:
- Construction site owners
- Construction managers or general contractors
- Crane manufacturers
- Other third parties whose negligence contributed to the accident
Key Legal Consideration:
- Third-party lawsuits are separate from workers’ compensation claims.
- Workers can often pursue both types of claims simultaneously, allowing for broader compensation.
What Rights Do New York Workers Have in Crane Accident Cases?
Daniel G. Ecker
Founding Partner
We have considerable knowledge and experience representing construction workers in job-sited accidents. This includes, just to name a few, crane accidents, scaffold accidents and falls from ladders. We are well-versed in the applicable labor laws and industrial codes, and have absolutely no hesitation about pursuing full justice for our clients from some of the biggest owners and construction managers in New York.
New York Labor Law 200
New York Labor Law 200, which is essentially the codification of the negligence law, entitles workers to a reasonably safe worksite that is free of foreseeable hazards and defects. The law requires all construction sites to be set up, equipped, and operated to provide reasonable and adequate protection for the lives, health, and safety of all workers. Additionally, all machinery, equipment, and devices must be placed, operated, guarded, and lit properly to protect workers.
New York Labor Law 240
New York Labor Law 240 requires contractors, property owners, and their agents to erect adequate fall protection equipment like scaffolding, ladders, braces, and ropes to prevent falls from heights. Commonly known as the Scaffold Law, it also contains specific requirements for the measurements and materials of the protective equipment, which must be followed when scaffolding or other anti-fall measures are in place.
New York Labor Law 241
New York Labor Law 241 guarantees workers the right to proper safety equipment to perform their jobs. The law provides requirements for contractors, property owners, and their agents when constructing or demolishing buildings. All areas in which construction, excavation, or demolition work is being performed must be constructed, equipped, guarded, and operated to provide reasonable and adequate protection and safety to workers.
What Compensation Is Available to Crane Accident Victims in New York?
If you were injured in a New York crane accident, you may be able to recover compensation for a variety of losses you have suffered, depending on the extent of your injuries and other damages you have suffered. The damages you may be able to recover in a crane accident lawsuit include compensation for the following losses, both past and future:
- Pain and suffering
- Medical expenses
- Lost wages/income
- Lost earning capacity
- Rehabilitation expenses
- Cost of mobility aids
- Cost of long-term care
- Diminished quality of life
Leveling the Playing Field Against Insurance Companies
See how our team can help with your case.
Common Crane Accidents and Injuries
Some of the most common types of crane accidents workers experience involve crane collapses, electrocutions, and falls from heights. These accidents can be caused by loads that are too heavy, miscommunication between workers, inappropriate installation or use of equipment, contact with power lines, improper training, negligent maintenance, and more. These accidents can cause severe—and sometimes fatal—injuries, including:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Burns
- Lacerations
- Amputations
- Death
How Long Do Victims Have To File Suit for a Crane Accident in New York?
Under the applicable New York personal injury statute of limitations, injured construction workers typically have three years from the date of their injury to file a lawsuit. If the worker fails to bring their claim within this timeframe, they will be permanently barred from doing so later, regardless of how strong their claim is.
However, there are some exceptions to the timeline, such as in the case of wrongful death or when suing a government agency, in which cases the deadlines are far shorter than three years (with some deadlines as short as just 90 days after the incident). An attorney can help you determine the deadline for your construction accident case and ensure that you file with time to spare.
New York Crane Accident FAQs
Can You Request Workers' Compensation Benefits for a Crane Accident Injury in New York?
Yes. If you were injured on the job in New York, you normally can file for workers’ compensation. However, these benefits are mostly limited to medical expenses and lost wages. You cannot recover compensation for non-economic damages like pain and suffering through workers’ compensation. Filing a personal injury lawsuit against a third party is typically the only way to recover these damages after a construction site accident.
Can You Take Legal Action for a Crane Accident While Receiving Workers' Compensation in New York?
If you were injured on the job and are already receiving workers’ compensation benefits for your injuries, you may still be able to file a lawsuit against another party, such as the construction site owner, general contractor or crane manufacturer. Third-party claims are separate from your claim for workers’ compensation benefits and can proceed like any other personal injury lawsuit would.
How Can Lever & Ecker Help New York Crane Accident Victims?
At Lever & Ecker, our award-winning New York construction accident lawyers have over 70 years of combined experience helping accident victims recover compensation for their injuries. With a 99 percent success rate, Lever & Ecker provides top-tier legal representation and an open line of communication to our clients. Our attorneys are always prepared to go to trial if necessary.
With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. Call (914) 288-9191 or contact us online to schedule a free consultation.
