Most large construction projects involve the use of a crane. These pieces of equipment are essential on big projects and are incredibly useful. However, they are also potentially dangerous to the crane operators and other people on the construction site. When you are injured in a crane accident, you may be able to recover under workers’ compensation insurance or personal injury laws.
Determining the correct avenue for recovery depends on the specifics of the accident. Those facts reveal whether an employer or fellow employee is to blame—which would support a workers’ compensation claim or whether there is third-party responsibility. A Rosemont crane accident lawyer at The Kryder Law Group could review the facts of your case and provide an overview of your rights. Call today to set up a free consultation with one of our knowledgeable construction injury attorneys.
Common Causes of Crane Accidents
For cranes, a slight movement on the ground translates to a much larger movement in the air. A skilled crane operator can move thousands of pounds of cargo with this versatile, helpful equipment. However, this potential means that even small mistakes can have enormous consequences. Cargo can hit buildings, fall from the cranes, contact electrical wires, and more. If cranes are on uneven ground, they can tip, falling over and causing massive damage.
While user error is the leading cause of crane accidents, mechanical failure can also lead to severe problems. The crane’s mechanics are vulnerable, but broken restraining straps or other equipment are also types of mechanical failure. You have a right to hold the manufacturer accountable when a defective product contributes to your accident.
The cause of the incident can make a difference in your avenues of recovery. When investigating your crane accident, a diligent Rosemont lawyer could help you determine all parties who may be responsible.
Workers’ Compensation and Crane Injuries
Most crane accidents are workplace injuries. The injured party may be a crane operator or other workers at the construction site. If they are employees, workers’ compensation should cover those injuries.
Workers’ compensation is a no-fault insurance program that covers workplace illnesses or injuries. In theory, it is beneficial for employers and employees. For employees, it provides coverage without the employee needing to demonstrate negligence on the employer’s part. For the employer, it limits recovery amounts. For example, it does not cover most non-economic injuries like pain and suffering.
Unfortunately, workers’ comp may not be enough to cover your injuries. It comes with payout limits. Plus, accepting a workers’ compensation claim limits your ability to bring a personal injury lawsuit against an employer or anyone else covered by the same workers’ comp insurance. However, it does not restrict your ability to file a personal injury lawsuit based on third-party negligence.
A proactive Rosemont attorney at The Kryder Law Group could look at the facts of the crane accident and explain all of your potential legal remedies. They could advise you whether workers’ comp should cover your injuries. They could also give you an idea of a fair settlement amount so that you can assess whether the insurance company is making a good-faith attempt to settle your claim. Our attorneys could also explain any claims you may have against your employer or any third parties.
Personal Injury Remedies
If workers’ compensation does not fully cover your injuries—or if a third party is responsible—you may want to file a personal injury lawsuit. A personal injury claim differs from a workers’ comp claim because you must do more than prove that an injury occurred. You have to prove that the injury was the result of negligence.
To establish negligence, you must prove three things:
- You must show that the defendant had a duty to you
- You must demonstrate a breach of that duty
- You must show that the breach caused your injuries
Illinois is a modified comparative negligence case. That means you can recover even if you helped cause your own injuries as long as you are 50 percent or less responsible for the accident. However, the court will reduce your recovery award to reflect only the defendant’s share of the responsibility.
Consult a Rosemont Crane Accident Attorney at Our Firm
As lawyers, we cannot undo the crane accident or take away your injuries. However, we can ensure you know your rights under Illinois law. We can help you understand the appropriate settlement range for your injuries and whether you have claims against additional defendants. Knowing this information puts you in a better position for decision-making. Schedule a free consultation with a Rosemont crane accident lawyer at The Kryder Law Group to learn more.
(312) 223-1700