Injury Compensation for Crane Accidents
What Damages Am I Entitled to Following a Crane Accident?
One of the characteristics that set Patrick Daniel Law apart is success in complex litigation. To achieve the best outcomes in these situations, it is necessary to fully understand all available options for recovery.
After a crane accident, several variables will affect the compensation you might be able to recover. These include (a) the specifics of your employment, (b) the location of the accident, and (c) the insurance coverage that is offered.
Employee Benefits for Crane Accidents
You might only be able to file a claim for workers’ compensation benefits if your employer has workers’ compensation insurance.
Whatever the circumstances surrounding the accident or who was at fault, workers’ compensation covers the following:
- Medical advantages
- Income advantages
- Death advantages
- Funeral advantages
Workers’ compensation may not be an option, though, as we see in many cases of workplace injuries. In Texas, no-fault benefits are significantly less favorable for workers.
Texas does not mandate that employers carry workers’ compensation insurance, in contrast to other states.
If this is the situation and you sustain an injury at work, you might need to file a lawsuit to obtain just compensation.
You must demonstrate that the crane accident was caused by the negligence of your employer, a coworker, or both. This is frequently much more difficult than submitting a workers’ compensation claim.
Claimants in Third-Party Crane Accidents
Many different parties are frequently involved in the construction and use of cranes. You might be able to obtain compensation through a third-party claim if a party other than your employer (such as a contractor, subcontractor, maintenance crew, etc.) was negligent and this negligence resulted in the crane accident.
There are no restrictions on the kind and quantity of damages you may be entitled to in a third-party claim, unlike workers’ compensation. However, you will still need to provide proof of the defendant’s wrongdoing (s).
To ascertain what went wrong and who is accountable for the crane accident, Patrick Daniel Law conducts an investigation.
To support your claim against all culpable third parties, we gather pertinent evidence and speak with experts.
Marine Crane Mishaps
The maritime and offshore industries frequently use cranes. On ships, oil rigs, and other structures, these machines perform a lot of heavy lifting.
The Merchant Marine Act is your primary legal remedy if you sustain an injury while operating a crane on a seagoing vessel (also known as the Jones Act).
Maritime workers have a right to “maintenance and cure” under the Jones Act (i.e., the cost of living and medical expenses).
If you can demonstrate that your employer’s negligence rendered the equipment and/or the vessel unsafe (or “unseaworthy,” in maritime law terms), you may be able to recover additional compensation.
Additionally, cranes are frequently used in locations that are close to water, such as ports, harbors, and shipyards.
The Longshore and Harbor Workers’ Compensation Act would entitle you to compensation if you were hurt in a crane accident while loading, unloading, or constructing a ship (or, in some cases, working on a long-term offshore oil rig) (LHWCA).
For qualified workers, the LHWCA provides coverage for the cost of medical services, supplies, and disability payments.
In the event of a worker’s death, the surviving family members are entitled to money to cover reasonable funeral costs as well as a portion of the worker’s typical salary.
Railway Crane Mishaps
Cranes are frequently used by railroads to handle freight and maintain the tracks. You will probably need to file a claim under the Federal Employer’s Liability Act if you are hurt while working for a railroad (whether on the tracks or in the yard) (FELA).
In contrast to other workers’ compensation programs, a FELA claim requires you to show that your employer’s negligence contributed to the accident for you to be awarded compensation.
The potential compensation is also greater than what is typically available through workers’ compensation; in addition to covering all of your medical costs and lost wages, you may also be entitled to damages for pain and suffering and loss of earning capacity.
Finding fault on the part of a big, strong organization like a railroad can be very difficult because FELA claims are complicated.
Attorney Patrick Daniel is familiar with the intricacies of the FELA and is equipped with the skills, resources, and expertise necessary to develop a compelling case on your behalf.
Call a Houston Crane Accident Attorney Right Away
Patrick Daniel has more than 15 years of legal experience on the Gulf Coast. He is familiar with the local industries, workers, and risks associated with the workplace.
Knowing your legal rights and options is essential if you were hurt in a crane accident or lost a family member.
We can determine what claim(s) you might be able to make and what compensation you might be able to recover because Patrick Daniel Law has extensive experience handling these cases.
Each member of our team approaches your case with strategy, meticulousness, and ruthlessness. We firmly believe that thorough planning, innovative legal tactics, and tenacious client advocacy lead to the best results.
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