New York City Crane Accident Lawyer | Hecht, Kleeger & Damashek

Considering the height and environment in which most crane operators work, it’s no wonder that crane accidents are one of the deadliest job-related incidents in the United States.

If you are a worker or have a family member who is suffering after a crane accident, the NYC construction accident lawyers with Hecht, Kleeger & Damashek, P.C. are ready to help. Let us investigate what led to your crane injuries or loved one’s death and advise you of your legal options.

Contact us online or call 212-289-8351 to schedule a free, no-risk evaluation.

NYC Crane Accident Statistics

The U.S. Bureau of Labor and Statistics (BLS) tracks the frequency of crane accidents and some common causes:

  • Approximately 3,380 nonfatal injuries from 2015 to 2020 resulted crane accidents.
  • Annually, almost one-quarter of crane deaths occur in the manufacturing sector and around one-third are in the transportation of goods and materials. Of the deaths in transportation, over 50% of fatalities were crane operators.
  • Falls from a crane account for around 14% of all fatalities every year.

Causes of NYC Crane Accidents

Common causes of crane accidents include:

  • Insufficient safety training for operators and workers
  • Errors by the operator or worker
  • Mechanical failure or defective crane components
  • Crane operator fatigue

Notable
Results

$9,000,050

NYC Construction Workers Injured on an Exterior Scaffold

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Workers’ Compensation for Victims of Crane Injuries

Injury claims for most on-the-job accidents, including incidents involving cranes, proceed through the state workers’ compensation system, overseen by the New York State Workers’ Compensation Board. Most employers must carry workers’ compensation insurance to protect their employees in the event of an accident. The system is not fault-based, so you don’t have to prove that your employer was negligent in causing the crane accident. Instead of filing a lawsuit to recover for your losses, you file a claim for benefits under your employers’ workers’ comp insurer.

While workers’ compensation claims typically do not address fault, that does mean you should ignore who is at fault for the accident and your injuries. A New York crane accident lawyer can help guide you through the claims process, and help you determine if someone outside your employer – a third party – is at fault.

Third-Party Claims & Crane Injury Lawsuits

There are some situations where workers’ compensation is not your exclusive legal remedy, and you can pursue other options. Under the following exceptions, you may be able to recover compensation by filing a lawsuit in civil court:

  1. Your employer doesn’t carry workers’ compensation insurance as required by New York law
  2. If there was a violation of the Industrial Code, the general contractor and/or the property owner may be held responsible
  3. A third-party entity, unrelated to your direct employer, caused the accident in which you were hurt.

Knowledgeable NYC crane accident lawyers can explain these exceptions in more detail and will represent you if your primary remedy is through a lawsuit as opposed to workers’ comp.

Examples of third parties may include:

  • United Crane & Rigging Services Inc.
  • New York Crane & Equipment
  • Bay Crane Service of New York
  • Tristate Crane
  • Cranes, Inc.

There are dozens of other crane service operations that could also be involved in your NYC crane accident.

Who is Liable for My Accident?

One construction industry investigator has suggested that, at minimum, the following questions should be asked whenever a crane accident occurs:

  • Who was at the site?
  • Who made the decision to lower the crane?
  • Was the decision made in a timely manner?
  • Was the operator personally onsite to secure the crane?
  • Did the crane and its operator comply with all DOB mandates?

Your lawyer can assess your case and help you answer these questions so you can pursue a successful third-party claim or crane accident lawsuit.

How Crane Accident Lawsuits Work

Third-party work injury cases are based upon traditional concepts of negligence, which means you must prove that breach of a legal duty caused your injuries. They can be complicated, especially since there may be multiple third parties involved. Your employer wouldn’t be a defendant in such a case, but you may seek remedies against:

Civil Suits and Criminal Prosecutions

An insurance company construction program executive says that in addition to possible criminal prosecutions against crane companies and operators, construction workers and others who are injured in crane accidents, or who have lost loved ones in such accidents, usually file civil suits seeking damages for their losses. Businesses and individuals who have suffered significant property damage likewise generally file civil suits.

Negligence on the part of a crane company and/or operator can result in both criminal and civil penalties. Neither the prosecutor in a criminal case nor an attorney in a civil action needs to prove that the crane contractor or operator intended to cause the accident. Contractor or operator negligence is sufficient. Taking a substantial and/or unjustifiable risk can constitute negligence.

Monetary Damages in Negligence-Based NYC Crane Accidents

Unlike workers’ compensation claims, there’s a broader range of compensation you can seek in a crane-related civil lawsuit. In addition to damages for medical bills and lost wages, you may also be entitled to recover losses for:

Get Help from Our New York Crane Accident Lawyers

If you were injured or lost a close relative in a crane accident in New York, you will have questions. You may wonder if you can file a personal injury lawsuit and receive compensation. But, you are likely most concerned with getting what you need to heal so you can resume your life. A New York crane accident lawyer from Hecht, Kleeger & Damashek, P.C. will answer your questions and guide you through the process of seeking fair and full compensation. We have decades of experience and have recovered hundreds of millions of dollars for victims in situations a lot like yours. Don’t take your rights for granted. Let us review your circumstances, determine who may be liable, and fight for everything you are entitled to under the law.

Call us at 212-289-8351 or contact us online to request a free consultation. There are no up-front costs, and you owe us nothing unless you recover compensation.

CLIENT REVIEWS

Google Reviews

04/26/2021

Jonathan is incredible in the results, I recommend to all construction workers, incredible results.

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03/06/2021

I was in a very serious construction accident where I hurt my knee. I met with few lawyers including Jordan Hecht at Hecht, Kleeger & Damashek and I knew right away he was the one. Over the next few years…

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12/27/2020

When thinking about what makes a good lawyer, we tend to focus on the firms they represent, whether or not they have or have had any notable clients. Prospective clients might search for lawyers based on the amount of money…

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05/15/2019

“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”

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Average 5 out of 5 rating based on 4 Reviews