In any industrial or construction setting, basic safety precautions have to be taken or folks can get hurt. There is simply too much going on in one place for the companies involved not to follow applicable industry standards and OSHA regulations. Nevertheless, contractors, manufacturers, and other operators of cranes frequently fail to follow the most basic of safety rules and regulations. Crane accidents can occur in a variety of ways but must often occur when a crane strikes those working around it, when it unexpectedly collapses, or when the operator drops its load. If you or a family member has been injured in a crane incident because an operator or his or her employer acted negligently, the personal injury attorneys of Maginnis Law can help.
Who is Responsible?
In case with crane accidents, an immediate investigation must be undertaken. This is both to preserve the facts as to how the incident occurred and to identify the company or companies responsible. If your own employer was the solely negligent party, you may be limited to only a workers’ compensation claim. In workers’ compensation, the damages recoverable are limited. If another party was negligent, though, such as a separate company hired solely to operate the crane, you may be able to file a third-party negligence case. These types of cases allow for a more complete financial recovery.
Proving Crane Operation Negligence
Unlike automobile collisions which, depending on size and complexity, can sometimes be handled without an attorney, Maginnis Law would not advise anyone injured by a crane to attempt to handle their case themselves. Establishing negligence is simply too difficult. Big industrial companies and their insurers frequently try to shield you from the real facts of what happened and, often, the truth is only uncovered after multiple depositions and significant discovery in the litigation setting. Experts such as accident reconstruction engineers and occupational safety and health professionals are often needed to establish “the standard of care” and the breach of that “standard of care.”
If you are successful in your crane accident negligence case, there are a variety of different types of damages available to you. The goal of the law is to make you financially “whole,” as much as that is possible. Examples of the types of damages recoverable include compensation for your past and future medical expenses, lost wages, pain and suffering, scarring, and disability.
Free Consultations and Contingency Fee Agreement
Maginnis Law provides free consultations to all victims of industrial crane accidents. We will travel to meet with you if your injuries have left you disabled. We also offer a contingency fee agreement, where you pay no attorneys’ fees unless and until we recover a verdict or settlement on your behalf. To set up a consultation or to speak with an attorney over the phone, visit our contact page.