Construction in Chicago seems to be a never ending process with cranes sprouting up like mushrooms all over town, helping to repair or build new skyscrapers. While these cranes are a key piece of equipment on a construction site, they are also dangerous things that require a skilled team to operate. Nevertheless, despite precautions taken, crane accidents can and do happen. If you are injured in a crane accident while working on a jobsite, you are going to want to know what to do to get the compensation and assistance you deserve for your injuries. An experienced construction site accident lawyer here in Chicago can help you get compensated for whatever has happened to you as the result of a crane accident.
What Are the Main Causes of Crane Accidents?
Cranes are a very specialized piece of machinery and require a skilled and properly trained crew to construct and operate. However, even with the best training and use of best practices, crane accidents can occur for a number of reasons. Sometimes, these are environmental, such a strong gust of wind blowing a crane off of the roof of a building. But in many cases, human error plays a role.
Sometimes, a crew may feel pressured to complete the work fast. This can lead to things like overloading a crane or improperly attaching the rigging. When the crane’s load capacity is exceeded or the lifting points have been incorrectly attached, this can cause the load to become unstable, putting the crane and the load at risk of falling. The workers in the vicinity of the crane can get hurt.
Environmental factors can also play a role in crane accidents. If it is not properly installed, or if the ground underneath it is too soft or uneven, this can cause a crane to topple. Improperly accounting for winds in the area can also be the cause of a major crane accident.
While crane operators are highly trained, they can and do sometimes make mistakes. If they do not properly signal or follow safety protocols, this can contribute to an accident. Cranes also require a great deal of maintenance. A crane in need of repairs can also prove to be a dangerous device that injures workers.
What Should You Do If You Are Injured in a Crane Accident?
If you are injured in a crane accident, the first thing you should do is seek immediate medical attention. Even if you do not think you were hurt, you may have suffered an internal injury that will not manifest itself immediately. Getting medical attention will not only treat any injuries you may have, it will also prevent you from exacerbating those injuries. It will also provide documentation you will need if you decide to pursue a claim for your injuries.
Once you are able to, you should begin getting information about your injury. Not only will you need the day, time, and location, but you should also get the names and contact information for other workers at the jobsite, including those who were also injured. You will need to find out the names of the people involved in operating the crane and their company information, if it is different from the employer or contractor for whom you were working on the day of your injury. In addition, it is important to get any pictures or videos taken at the time of your injury, as well as information on the safety precautions taken on that day.
During this time, you should also retain an experienced personal injury attorney who has handled construction claims. This attorney will help guide you through the process, and will be aware of the time constraints on filing your claim so that you don’t miss the statute of limitations cutoff. Time is of the essence in construction claims, so it is crucial that you work as quickly as possible. This is especially so if one of the parties you are filing your claim against is the State of Illinois or the City of Chicago, as lawsuits against governmental agencies have specialized compliance issues that must be addressed.
Who Can be Held Liable in a Crane Accident Claim?
There are a number of different parties that can be held liable in the case of a crane accident. The first party you should consider looking to for compensation is the construction company that employed you on the day of the accident. The status of your employment may have an impact on your type of claim, as employees are required to seek workers’ compensation, while if you are an independent contractor, you may have other options.
The crane operator may also be liable, especially if he or she made mistakes or did not follow safety procedures. Even if the crane operator did nothing wrong, the company that provided the crane could be liable. This is especially so if the crane was not installed properly or had maintenance issues.
In some cases, the company that manufactured the crane could be held liable. This depends on whether there were any defects in the design or manufacture of the crane. In some cases, the property owner can also be liable, especially if there were any hazardous conditions on the property, such as soft ground and loose soil that was not disclosed to the crane company at the time of installation.
What are the Options for Victims of Crane Accidents?
There are two main claims that can be made by people injured in crane accidents. If you were the employee of a company working on the jobsite at the time of the accident, you can file a workers’ compensation claim. This will cover your medical bills that were incurred in treating your injuries. Included in this are the cost of any prescription medications, as well as the physicians who treated you and the expenses incurred for physical rehabilitation. Illinois workers’ compensation will also reimburse you for travel expenses to and from the medical facilities. In addition, you will be paid for your lost wages. Employees cannot file a personal injury claim against their employers as workers’ compensation is the sole remedy as a matter of law.
One thing to keep in mind is that workers’ compensation does not cover certain damages. You will not be paid for any pain and suffering. This is why you may consider filing a claim against other parties involved in the crane accident under a personal injury theory. Here, the types of damages that you may be entitled to collect for are not as limited as they are with a workers’ compensation claim. The parties that you could consider naming in a lawsuit or claim are the crane operator, the site owner, the subcontractor that provided the crane, and the crane’s manufacturer.
Construction Site Accident Lawyers in Chicago
If you are injured in a crane accident, you are going to want to get the compensation you deserve for your injuries. The experienced personal injury attorneys at Hale & Monico will help you get compensated so that you can get back to work. Call us today for a free consultation.