I was hurt by a crane or a falling load on a job site. Who is responsible?

Struck-by accidents are one of construction's deadliest hazards

OSHA counts being struck by an object among the four leading causes of death in construction. On job sites and in plants, that means a load that slips from its rigging, a crane that tips over or collapses, a boom that swings into a worker, steel or materials that fall from above, and equipment that backs over someone. The injuries are often catastrophic: head and spinal injuries, crushed limbs and amputations.

The safety rules for cranes

• Certified operators: OSHA requires most crane operators in construction to be trained, certified and evaluated.
• Qualified riggers and signal persons for loads that need them.
• Ground conditions and setup: the crane must sit on firm, level ground with outriggers properly set.
• Inspections of the crane, wire rope and rigging before and during use.
• Power lines: strict clearance distances, and in Texas, a state law that bars work within six feet of a high voltage overhead line unless the line's operator has been notified and safety arrangements made.
• Keeping people out of the swing radius and from under suspended loads.

Who can be responsible

Crane work usually involves several companies, and each has its own duties:

• the crane owner or rental company, which may supply the operator and is responsible for maintenance;
• the operator's employer, for the operator's training and decisions;
• the rigging contractor, for how the load was attached;
• the general contractor, which plans lifts and controls the site;
• a manufacturer, if a crane component, wire rope or rigging hardware failed.

If one of these companies isn't your employer, you can usually bring a claim against it even if you receive workers' comp. How third-party claims work.

The evidence we go after

• The lift plan, load charts and the crane's computer data, which can record loads and angles.
• The operator's certification and the riggers' qualifications.
• Inspection and maintenance records for the crane, wire rope and rigging.
• Photos, video and the failed rigging or components, which must be preserved for engineers.
• Witness statements from the crew, and OSHA's inspection file.

What a claim can cover

Workers' comp, when your employer has it, pays medical care and part of your lost wages, but nothing for pain or the full loss of your earning ability. A claim against another responsible company, or against an employer without workers' comp, can cover all of it: medical bills now and in the future, every dollar of lost wages, lost earning capacity, pain, mental anguish, disfigurement and physical impairment. What a case is worth depends on the injuries, the future care they require, your work and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

How these cases unfold

The company's investigation starts the same day, often with its lawyers and insurers involved. OSHA may inspect, and it has six months from a violation to issue citations. Federal investigations by the Chemical Safety Board can take years, and you don't have to wait for them. In the first weeks, our job is to send preservation demands so records, data and equipment are not lost, identify every company involved, and get you the medical care the claim depends on. Then come the experts, such as process-safety engineers, safety consultants, doctors and economists, followed by negotiations or a lawsuit. Many workplace cases resolve in one to three years; the most serious ones can take longer.

What to do now

Get medical care, write down the names of the companies on site and the crane company, and don't sign anything from an insurer. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. When a case calls for it, he brings in experienced co-counsel and the right experts.

More answers about industrial and plant accidents

Other ways people ask this

A load fell on me while a crane was lifting it. Who pays?

Possibly the crane company, the rigging contractor, the general contractor or a manufacturer, depending on what failed. If they aren't your employer, you can usually claim against them in addition to any workers' comp.

Does a crane operator need to be certified?

Yes. OSHA requires most crane operators in construction to be certified and evaluated, and that records be kept.

I was hit by equipment backing up on the site. Is that a crane case?

It's a struck-by case, and the same principles apply: the companies that controlled the equipment and the site can be responsible, and backup alarms, spotters and site traffic plans matter.

The crane hit a power line. Who is responsible?

Federal rules require clearance from power lines, and Texas law bars work within six feet of a high voltage overhead line unless the line's operator is notified and safety arrangements are made. The companies planning and running the lift carry those duties.

How much is a crane accident case worth?

It depends on the injuries, future care, your work and the evidence of responsibility. We give you an honest assessment after reviewing the facts, and we never promise a result.

The crane was rented with an operator. Who was the operator's employer?

Often the crane rental company that supplied him, not the general contractor. That matters, because a company that isn't your employer can usually be sued even if you receive workers' comp.

I lost a limb in a crane accident. What does a claim cover?

A claim against a responsible company can cover medical care, prosthetics and their replacement over time, lost earning capacity, pain and impairment. Life-care planners and economists help value those future needs.

Authority: OSHA: cranes and derricks · Tex. Health & Safety Code ch. 752 · Tex. Lab. Code ch. 406