Crane accidents on construction sites can be deadly

Posted February 11th, 2015 by .

Categories: Workers Compensation.

One of the risks you have while working at a construction site are dangerous machines that, if not taken care of correctly, can cause severe injuries and even death. An excellent example of this type of machine would be a crane. Cranes are used to lift and move heavy materials and are commonly used for loading and unloading freight. Although cranes are generally simple machines, a crane accident can cause severe injury.

According to the Occupational Safety and Health Administration, there are more than 250,000 crane operators working nationwide, and there are approximately 71 crane accident fatalities each year. Some of the causes of a crane accident include:

  • mechanical failures
  • improper employee training
  • improper assembly of the crane

Your employer must follow a certain set of rules when cranes are involved on the construction site, such as keeping cranes away from active power lines, making sure the area is safe, and warning the operator of danger. However, accidents will occur if your employer cuts corners. There are several types of injuries that can occur in a crane accident, such as:

  • Falling objects from the crane
  • Electrocution from the crane hitting power lines
  • Being crushed by an overturned crane
  • Being run over by a crane
  • Compression injuries

Most of these injuries are avoidable if your employer follows the rules and regulations set by OSHA. However, in an effort to increase profits, sometimes these guidelines are ignored. Injuries from crane accidents can takes months, even years, to heal.

If you were involved in a construction site accident, you may be entitled to compensation. For more than 25 years, the Law Offices of Anthony Carbone has handled all types of construction site accidents, including those involving a crane. Contact us today for a free consultation.

Understanding Why Crane Accidents Are So Catastrophic

A crane is not like most other pieces of construction equipment. A forklift or a bulldozer operates close to the ground and within a relatively contained footprint. A crane, by contrast, is a system of counterweights, cables, booms, and hoists that routinely extends hundreds of feet into the air while lifting loads that can weigh tens of thousands of pounds. When something goes wrong, the scale of the failure is proportional to those weights and heights. Materials that fall from elevation strike the ground with force sufficient to kill instantly. A collapsed boom or an overturned crane does not merely injure whoever is standing nearby. It can cause catastrophic damage across a wide area of the job site and beyond it.

The construction sites where cranes operate are also inherently complex environments. Multiple trades work in close proximity. Schedules are compressed. Communication between a crane operator in an enclosed cab and workers dozens of feet below depends on radio contact, hand signals, and the competence of a dedicated signal person. Every one of those links in the chain is a potential failure point. When crane operations are rushed, when signal persons are undertrained, when the operator’s sightlines are compromised, or when load weights are not accurately communicated, the conditions for a serious accident are already in place before the first lift of the day begins.

The OSHA Regulatory Framework and What It Actually Requires

OSHA’s crane and derrick regulations, found at 29 CFR Part 1926 Subpart CC, are among the most detailed occupational safety standards in existence. They address equipment inspection requirements, operator qualification and certification, ground conditions and outrigger deployment, load chart compliance, and the duties of signal persons and riggers. Each of those regulatory categories exists because failures in those areas have killed workers.

The regulations require that cranes be inspected before each shift. Shift inspections are visual checks of the equipment’s critical components, including wire ropes, hooks, outriggers, load lines, and control mechanisms. If the inspection identifies a defect, the equipment must be taken out of service until the defect is corrected. Monthly and annual inspections with more thorough examination requirements are layered on top of the daily pre-shift check. A crane that has not been properly inspected is not merely a regulatory violation — it is a piece of equipment that has not been verified as safe to operate, and any accident that results from an undetected defect that inspection would have revealed exposes the employer to liability that goes beyond the workers’ compensation system.

Operator qualification requirements under OSHA’s crane standard took years to implement. Operators of most mobile cranes must now hold certification from an accredited certifying organization, such as the National Commission for the Certification of Crane Operators. Certification requires both written and practical examinations specific to the type of crane being operated. An employer who permits an uncertified or inadequately trained operator to run a crane is in direct violation of the federal standard, and if that operator’s inexperience contributes to an accident, that regulatory failure becomes central to any legal claim.

Ground condition requirements are another area where corners get cut. Cranes operating with outriggers must be set up on ground capable of supporting the anticipated load. Soft soil, fill that has not been adequately compacted, and underground voids — including buried utility structures — can cause outriggers to sink or shift under load, destabilizing the crane. Employers are required to assess ground conditions and take appropriate measures, including the use of cribbing and outrigger pads, before beginning operations. Sites that skip this step to save setup time are creating conditions that can result in a crane tip-over, one of the most catastrophic failure modes in the industry.

Mechanical Failure and the Maintenance Obligation

The reference to mechanical failures as a cause of crane accidents above is accurate but understates the complexity of what that phrase encompasses. A crane is a mechanical system with hundreds of individual components, each of which can fail if not properly maintained. Wire rope is the most visible and most regularly inspected component, and for good reason. Wire ropes are load-bearing elements that undergo tremendous stress during operation. Broken wires, kinking, abrasion, and corrosion all reduce a rope’s load capacity, and a rope that fails under load can drop a massive weight without warning.

Hook blocks, swivel hooks, and load securing hardware are subject to wear and fatigue. A hook that has been subjected to shock loading, or that has been bent even slightly out of its rated geometry, may no longer reliably retain a load. Hydraulic systems that power boom extension and swing operations can develop leaks or internal failures that cause sudden, uncontrolled movement. Boom structural components can crack under repeated stress cycles, particularly when a crane has been consistently operated near or above its rated capacity.

When mechanical failure is the cause of a crane accident, the investigation has to look beyond the equipment itself to the maintenance records. Were inspections actually conducted and documented? Were defects that were identified corrected before the equipment returned to service? Was the crane operated within its rated capacities, or was it routinely pushed beyond what its load charts authorized? Those records, along with the physical evidence of the equipment itself, are the documentary foundation of a mechanical failure case.

Who Bears Legal Responsibility When a Crane Accident Occurs

The answer to this question is rarely simple, and it is one of the most important things for an injured worker to understand. New Jersey’s workers’ compensation system provides benefits to injured employees regardless of fault, covering medical expenses and a portion of lost wages. But workers’ compensation is not the only potential source of recovery, and for serious injuries, it may not be adequate to address the full extent of the harm.

Workers’ compensation does not bar claims against parties other than the employer. A crane accident may involve liability from the crane’s manufacturer if a design or manufacturing defect contributed to the failure. It may involve liability from a crane rental company that supplied equipment in a defective or poorly maintained condition. It may involve liability from a general contractor who maintained control over safety practices on the site and failed to ensure that crane operations were conducted safely. It may even involve liability from a site owner who allowed unsafe conditions to persist on their property.

These third-party claims exist separately from the workers’ compensation claim and are not subject to the same limitations on recovery. A third-party negligence claim can seek full compensation for medical expenses, lost income, pain and suffering, and future damages, without the caps that apply to workers’ compensation benefits. In cases involving serious or permanent injuries, that distinction in potential recovery can be enormous.

Identifying all potentially liable parties requires a thorough investigation that begins as quickly as possible after the accident. The physical condition of the crane at the time of the accident, the pre-shift inspection records, the operator’s qualifications and certification history, the rigging setup, the ground condition assessment, and the communications between the operator and signal persons are all pieces of evidence that can deteriorate, be lost, or be altered if not preserved promptly. Employers and equipment companies have their own legal and insurance teams working on their behalf from the moment an accident is reported. An injured worker has every reason to begin building their own case with equal urgency.

Crane Accidents That Affect People Outside the Job Site

Construction cranes in urban and densely developed areas operate near occupied buildings, pedestrian walkways, and public streets. When something goes wrong, the consequences do not stay within the job site perimeter. Dropped loads have struck passing vehicles and pedestrians. Collapsed booms have fallen onto adjacent structures. Rigging hardware has become projectile debris that lands on public property far from where anyone anticipated a hazard.

People who are injured by crane accidents but who are not employees on the construction site — bystanders, pedestrians, occupants of neighboring buildings, passersby in vehicles — have a different legal path than workers covered by workers’ compensation. They may bring direct negligence claims against the general contractor, the crane operator, the crane company, the site owner, or any other party whose negligence contributed to the accident. The duty of care owed to the public in connection with crane operations in populated areas is substantial, and failing to establish safe exclusion zones, adequate warning systems, and appropriate overhead protection in areas accessible to the public can give rise to significant liability.

The Long Road to Recovery After a Crane Injury

The original content notes that injuries from crane accidents can take months, even years, to heal. That observation deserves more attention than it initially receives, because the recovery timeline directly affects the legal and financial strategy for the injured worker.

Compression injuries, crush trauma, and spinal injuries can require multiple surgeries, extended inpatient rehabilitation, and ongoing physical and occupational therapy. A worker who is unable to return to their trade, or who can only return in a limited capacity, faces not just the immediate cost of treatment but the long-term economic reality of diminished earning capacity. If the injury has produced a permanent functional limitation, the cost of future medical care, assistive devices, home modifications, and long-term care services can extend across decades.

Workers’ compensation medical benefits cover authorized treatment, but disputes over what is authorized, which specialists are appropriate, and when a worker has reached maximum medical improvement are common. Maximum medical improvement does not mean full recovery. It means the treating physician believes no further significant change in the worker’s condition is expected. Workers who reach maximum medical improvement while still experiencing significant pain and limitation are entitled to permanent disability benefits under New Jersey’s workers’ compensation system, but the amount and duration of those benefits is subject to litigation if the parties cannot agree.

A third-party personal injury claim, running in parallel with the workers’ compensation claim, can seek damages that workers’ compensation does not provide. Pain and suffering. Loss of enjoyment of life. The full economic value of diminished earning capacity over a working lifetime. These elements of a crane injury case require careful documentation, expert economic analysis, and medical expert testimony about the permanency and functional impact of the injury.

Working with a New Jersey Personal Injury Attorney who handles construction accident cases means having someone who understands both the workers’ compensation system and the third-party civil litigation process, and who can pursue both avenues of recovery simultaneously and strategically. Crane accidents produce some of the most serious injuries in the construction industry. The legal response to those injuries should be equally serious.

If you were involved in a construction site accident, you may be entitled to compensation. For more than 25 years, the Law Offices of Anthony Carbone has handled all types of construction site accidents, including those involving a crane. Contact us today for a free consultation.

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