While it won’t bring their loved one back, the family of a construction accident victim has received the compensation that they have been fighting for on his behalf and can now focus on mourning their loss.
Crane Jig Crushes Construction Worker
In 2015, a 29-year-old man was working his construction job when he was asked to assist with the dismantling of a crane boom and jig so that it could be stored until needed. But during the breakdown of the enormous machine, something went terribly wrong and the construction workers lost control of the jib which weighed 2,500 pounds. It landed on the 29-year-old, killing him.
His family, outraged at their preventable loss, moved forward with a construction accident lawsuit, alleging that workers were instructed to remove the pins that secured the jib to the boom before the job had been secured by another method. Their legal complaint was filed against the crane operator who they allege instructed the removal of the pins.
The case settled out of court for $6.5 million.
Crane Accidents: Workers’ Compensation Isn’t Enough
When someone is hurt on the job it’s easy to say “Well, workers’ comp will take care of it.” But the harsh reality is that it can be disturbingly difficult to get a workers’ compensation claim paid and even approved claims are often not enough to cover the losses sustained by an injured worker and their loved ones.
A workers’ comp claim will only cover medical expenses, a fraction of lost wages, and, if a death has occurred, a small amount for death benefits.
What many don’t realize is that frequently, they can file a construction accident lawsuit against the party whose negligence resulted in the crane accident. This may include a contractor, subcontractor, construction company, crane operator, or even the designer and manufacturer of the crane parts.
A lawsuit settlement or award should provide the plaintiffs with full compensation for their medical expenses, lost wages, physical pain and suffering, emotional trauma, and funeral and burial expenses in cases where a death occurred. This claim can be filed at the same time as a workers’ compensation claim.
Who Can File A Lawsuit If A Construction Worker Is Killed?
When a construction worker is killed on the job, their loved ones may be eligible to file a lawsuit on their behalf. Typically, the law allows the spouses, parents, and children of the deceased to pursue legal action, however, if another party was dependant on the deceased, they too may be able to file.
New York Continues To Fight Crane Accidents
There has been a rise in both construction and crane accidents over the past several years in the state of New York and government officials have started to take action to make construction sites safer for workers.
Regulations have been put into place, such as:
- Stopping work if winds are forecast to be more than 30 mph or more.
- Operators are required to notify residents and businesses in the immediate area if they intend to move a crane.
- Construction companies must coordinate with local police if street closures are required.
But clearly, despite positive steps taken, constructors and operators aren’t following the laws and many have argued the Occupational Safety and Health Administration and the Department of Buildings need to start filing criminal charges against those responsible for crane accidents in order to get construction company owners and contractors to comply.
Banville Law Can Help After A Crane Accident
If you or a loved one have been hurt in a crane accident, our experienced attorneys can help you get the compensation that you both need and deserve.
When you call our law firm, our legal team will review your case then present all possible legal paths available. Together, we will work to determine who was at fault, complete the legal paperwork, collect evidence, speak with witnesses, and then aggressively fight for your compensation.
Compensation may come through a settlement or an award in court. If an offer to settle is made, our lawyers will review it with you and discuss your options, however, ultimately the choice to accept or reject a settlement is yours.
To learn more, call our local New York law offices now.