Crane Accidents

Westchester County Crane Accident Lawyer

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 under the New York State Labor Law sections 200, 240 and 241, as well as the Industrial Code, to protect construction workers who are injured at the jobsite.

If you need a crane accident lawyer in Westchester County, the Hudson Valley, New York, or surrounding areas, contact Mark Siesel and his team at The Law Office of Mark A. Siesel. He has almost four decades of experience helping injured construction workers, and he can explain your options in a free consultation.

Crane Accidents

Construction workers face significant risks from falls, falling loads, or crane collapses. Sometimes construction workers are limited to Workers’ Compensation benefits after sustaining work injuries when the only responsible party is their employer. But in a significant percentage of cases, there is an owner, general contractor, construction manager, or other contractors that can be held legally responsible for failing to provide the necessary safety equipment. New York courts apply special laws that permit workers to recover damages in the event of certain construction accidents. These special laws are contained within New York State Labor Law sections 200, 240, and 241, as well as an administrative code known as the Industrial Code. Crane accident lawyer Mark A. Siesel has been successfully representing injured construction workers in the state and federal courts of New York since 1986.

Common Injuries in Crane Accidents

Crane accidents on construction sites can be devastating for workers, leading to traumatic injuries because of the sheer power and size of the machinery involved. One of the most common injuries is trauma to the head and neck, which can occur if a worker is struck by falling objects or is involved in a collapse. A worker can suffer from concussions, skull fractures, or even spinal cord injuries. These injuries can be fatal or can lead to permanent disability, such as paralysis or permanent cognitive or memory disabilities.

Crush injuries are also common in crane accidents. These happen when a worker is caught between heavy equipment or structures. For example, a crane can fall on a worker or drop equipment on a worker, pinning them. A crane can also swing and trap a worker between a building and the winch. The force can cause broken bones, internal bleeding, and significant soft tissue damage. In some tragic cases, these injuries may be fatal or require amputations. In some cases, the injuries are made worse because a worker cannot be rescued quickly. For example, if a crane falls over, it may take time for specialized equipment to arrive at the scene to free the worker and get them emergency medical treatment.

Falling from heights or being struck by machinery can also result in fractures, and in some cases, the bones may shatter, requiring extensive surgery or rehabilitation. Falls and being struck by machinery can also cause internal injuries, including damage to vital organs, such as the lungs, liver, or kidneys. Symptoms may not be immediately obvious but these injuries can be life-threatening if not treated quickly.

Injuries to the back and spine are another serious risk in crane accidents. A fall from a height or a sudden jolt during crane operation can lead to herniated discs, broken vertebrae, or paralysis if the spinal cord is damaged.

Beyond physical injuries, workers may also face psychological trauma. Witnessing a serious accident or being involved in one can lead to conditions such as PTSD (Post-Traumatic Stress Disorder), anxiety, and depression, which might not always be visible but can affect a worker’s quality of life for years.

Any crane incident should be treated seriously and if you are in this type of worksite accident, always seek medical attention to rule out a head injury, facture, or internal injury. If you have suffered a serious injury, you may also want to consult with a construction accident attorney, because workers’ compensation may not cover the many costs you may face because of your injury.

Violations of Labor Law Section 200

Under Section 200, owners, general contractors, construction managers and other sub-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, general contractor, construction manager or contractor’s failure to conduct crane operations in a way that provides adequate, reasonable protection, you may have a claim under section 200 and should contact a crane accident lawyer in White Plains or your area.

Labor Law Section 240 Violations

Labor Law Section 240, also called the Scaffold Law, is designed to provide protection from gravity-related accidents at a New York construction site. General contractors, construction managers 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 should 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. “Comparative negligence” is a legal principle under which an accident victim in other situations (for example, in a car accident or trip and fall on a sidewalk) may have their damages award reduced if they were partly at fault for causing the accident. Under Labor Law Section 240, comparative negligence by a worker is not considered 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 Labor Law 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 general 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, or other injuries after the crane collapsed while hoisting a load without first performing a test operation, you should have a claim under Labor Law section 241(6).

Consult an Experienced White Plains Crane Attorney

If you were injured while working with cranes at a construction site, you should discuss your case with crane accident lawyer Mark A. Siesel. You may have a claim for damages under New York State Labor Law Sections 200, 240 or 241(6). The Law Office of Mark A. Siesel represents construction workers in Brooklyn, the Bronx, Queens, New York County, as well as in Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form to schedule a free consultation.