Cranes are enormous pieces of equipment that weigh thousands of tons and are used routinely to lift and move heavy loads at construction sites. Because construction workers operate them at tremendous heights, injuries sustained in crane accidents may be catastrophic or even fatal. New York has enacted special laws to protect construction workers who are injured at the jobsite. If you need a White Plains construction accident attorney, you should call Mark A. Siesel. He has 35 years of experience helping injured construction workers.Crane Accidents
Construction workers face significant risks from falls, falling loads, or crane collapses. Although workers are generally limited to workers’ compensation benefits after sustaining work injuries, New York courts apply special laws that permit workers to recover damages in the event of certain construction accidents. These special laws are Labor Laws 200, 240, and 241.Violations of Labor Law 200
Under section 200, owners and contractors must provide a reasonably safe job environment for their workers. In a codification of the common law negligence standard used in many personal injury cases, a construction site should be conducted, operated, arranged, equipped, and constructed to provide adequate, reasonable protection to workers along with lawful visitors to the site. Accordingly, cranes must be lighted, guarded, operated, and placed to give adequate, reasonable protection. If you were hurt in a crane accident caused by an owner or contractor’s failure to conduct crane operations in a way that provide adequate, reasonable protection, you may have a claim under section 200.Labor Law 240 Violations
Labor Law 240, also called the Scaffold Law, is designed to provide protection from gravity-related accidents at a New York construction site. Contractors and owners need to take specific precautions and provide workers with proper fall protection equipment. If you were injured because you fell from a crane, a crane dropped something on you, or you were injured in a crane collapse, Labor Law 240 may provide a basis to sue. An owner or contractor can't defend against your claim by proving its past favorable safety record or showing your comparative negligence. This is a legal principle under which an accident victim in other situations may have their damages award reduced if they were partly at fault for causing the accident. Under Section 240, comparative negligence by a worker does not matter if the violation of the statute was the substantial cause of the accident. You would be prevented from recovery, however, if you were 100% responsible for your own injuries from the crane accident.Crane Accidents Caused by Violation of Labor Law 241(6)
To make a section 241(6) claim, you will need to establish a violation of a particular provision of part 23 of the New York State Industrial Code. The purpose of section 241(6) is to encourage safety by mandating that owners and contractors comply with Rule 23, which includes numerous specific safety provisions for a wide range of construction activities. For instance, under section 23–8.2, a mobile crane that is moved from one construction site to another without being dismantled need not be inspected before being operated or erected on the jobsite, but only so long as scheduled monthly inspections occur. Additionally, every mobile crane is supposed to have a firm footing, which may need to be provided by cribbing, substantial timbers, or other structural members. Before hoisting a load on a crane, the person directing the crane to lift the load should make sure the crane is level and blocked. The crane must be test operated to its maximum height before a load is hoisted. If you suffered a traumatic brain injury after the crane collapsed while hoisting a load without first performing a test operation, you may have a claim under section 241(6).Damages
If your lawyer can establish a contractor or owner's liability for injuries arising out of a crane accident, he may be able to obtain compensatory damages on your behalf. These are damages that are intended to make you whole.Consult a Seasoned White Plains Attorney
If you were harmed while working with cranes at a construction site, you should discuss your situation with White Plains lawyer Mark A. Siesel. You may have a claim for damages under Section 200, 240 or 241(6). The Law Office of Mark A. Siesel represents construction workers in Brooklyn, the Bronx, and Queens, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form.