Construction sites are bustling places filled with heavy machinery and high-risk activities, especially when cranes are involved. Cranes are essential for lifting heavy materials and equipment, but their sheer size and complexity can also make them dangerous. If you’ve been injured in a crane accident while working on a construction site, you may be facing physical pain, financial stress, and uncertainty about what to do next. In many cases, construction workers can pursue a personal injury claim instead of relying solely on workers’ compensation, which may provide broader compensation for the injuries and damages they’ve suffered.
Here’s what you need to know about filing a personal injury claim for a crane accident on a construction site, the process involved, and the potential damages available.
When Can You File a Personal Injury Claim for a Crane Accident?
In New Mexico, like in many states, construction workers are generally covered by workers’ compensation if they are injured on the job. However, workers’ compensation only provides limited benefits, and you are typically unable to sue your employer for additional damages related to your injuries. This is where a personal injury claim can come into play.
A personal injury claim allows you to seek compensation outside of the workers’ comp system. This type of claim is appropriate if the crane accident was caused by someone other than your employer or a coworker. In these cases, you may have grounds for a personal injury lawsuit against third parties, such as:
- Crane manufacturers – If the crane malfunctioned due to a design or manufacturing defect (product liability).
- Contractors or subcontractors – If another contractor or subcontractor’s negligence contributed to the accident.
- Other workers – If someone’s actions directly caused the crane accident (e.g., improper crane operation).
- Site managers or owners – If poor maintenance, unsafe working conditions, or inadequate safety protocols were factors in the accident (premises liability).
How to File a Personal Injury Claim for a Crane Accident
The process of filing a personal injury claim for a crane accident on a construction site can be complex. Unlike workers’ compensation, which is relatively straightforward, personal injury claims often require proving that someone else’s negligence caused the accident. Here’s what to expect in the process:
1. Seek Medical Attention
The first step is to seek medical treatment for your injuries. Your health should always be your primary concern. A doctor will assess the extent of your injuries, provide treatment, and document the injuries, which is critical for your claim.
2. Contact a Personal Injury Lawyer
Crane accident cases involve multiple parties and complex legal issues. An experienced personal injury attorney will help you navigate the legal process, investigate the circumstances of the accident, and determine who is liable for your injuries.
3. Investigate the Accident
A thorough investigation is essential to building your case. Your attorney will gather evidence, such as accident reports, witness statements, maintenance records for the crane, safety inspection logs, and any video footage of the incident. This evidence helps to establish that negligence or unsafe conditions led to the accident.
4. File a Lawsuit
If your lawyer determines there is a valid personal injury claim, they will file a lawsuit against the responsible parties. The lawsuit may focus on proving negligence, product defects, or unsafe working conditions.
5. Negotiate a Settlement or Go to Trial
After filing your lawsuit, the responsible parties or their insurance companies may offer a settlement to avoid going to trial. Your lawyer will help you evaluate any settlement offers and ensure they are fair based on the damages you’ve suffered. If a settlement can’t be reached, the case may go to court for a trial, where a judge or jury will decide the outcome.
Damages Available in a Personal Injury Claim for a Crane Accident
If you’re successful in your personal injury claim, you may be entitled to several types of damages:
- Medical Expenses – Compensation for the cost of treatment, surgeries, rehabilitation, and future medical care related to the injury.
- Lost Wages – Compensation for wages lost due to the accident, including any future loss of earning capacity if the injury prevents you from working long-term.
- Pain and Suffering – Damages for physical pain, emotional distress, and diminished quality of life caused by the injury.
- Property Damage – If your personal property (such as a bicycle or phone) was damaged in the accident, you may be able to claim for repair or replacement costs.
- Punitive Damages – In cases of extreme negligence or recklessness, punitive damages may be awarded to punish the wrongdoer and deter similar actions in the future.
Protecting Your Rights After a Crane Accident
If you’ve been injured in a crane accident, filing a personal injury claim can help you pursue fair compensation for your injuries and losses. An experienced New Mexico personal injury lawyer can evaluate your case, help you navigate the complexities of the legal system, and ensure that your rights are protected throughout the process.
At Hunt Law Firm, we understand the challenges injured construction workers face, and we’re here to help you explore your options for seeking justice. Contact us today to schedule a consultation and discuss how we can assist you in recovering the compensation you deserve after a crane accident on the job.