Crane accidents happen much too frequently at New York construction sites, and both crane operators and workers on the ground nearby the crane can suffer serious or fatal injuries. Cranes pose many risks of injury on construction sites, from risks of being struck by materials falling from the crane to collision risks to back-over risks for construction workers on the ground around the vehicle. Construction projects in New York have been the sites of many serious and fatal crane accidents over the years, and it is important for construction workers to understand the serious risks as well as the potential remedies that may be available to them.
Cranes Pose Many Risks on Construction Sites
The Occupational Safety and Health Administration (OSHA) underscores that, although cranes are often necessary to move heavy loads on construction sites, “there are significant safety issues to be considered, both for the operators of the diverse ‘lifting’ devices, and for the workers in proximity to them.”
Struck-by Injuries are Among the Most Common Type of Fatal Construction Accident
According to OSHA statistics, a majority of deadly construction accidents fall into a group known as a “fatal four.” Of the four deadliest kinds of construction accidents, OSHA cites falls as the deadliest but also lists “struck-by object” injuries as being among the fatal four. Indeed, struck-by injuries, including being struck by objects that fall from a crane, account for more than 11% of all construction-related accident deaths each year.
Workers Have Rights to a Safe Workplace
As OSHA highlights, construction workers have rights to a safe workplace, including safe construction sites where cranes are being operated. Construction workers have a right to receive information and training about any potentially hazardous machinery, to review work-related injury records, to file a complaint with OSHA when they believe there is a serious safety violation at their worksite, and to exercise their rights without fearing retaliation from their employer.
New York Labor Law 240 Provides Protections for Workers Struck by Falling Objects from Cranes
While Section 240 of New York Labor Law is commonly known as the “scaffolding law” that gives workers a cause of action when they are injured in a fall from unsafe scaffolding, it can also provide a remedy for construction workers who are struck by an object that fell from a crane.
Construction Workers Injured in a Crane Accident Also May Have a Claim Under New York Labor Law 241
Under Section 6 of New York Labor Law 241, construction employers are required to “provide reasonable and adequate protection and safety to the persons employed” at nearly any construction site where construction, excavation, or demolition work is being performed. These types of sites are precisely the kinds of places where cranes are used, and thus where crane accidents happen due to safety violations.
Contact a New York Construction Accident Lawyer
If you or someone you love sustained serious injuries in a crane accident at a construction site, it is essential to seek advice from an experienced New York construction accident attorney. An advocate at our firm can assist you. Contact Leitner Varughese Warywoda PLLC for more information about your options for filing a construction accident claim.
