I was operating a crane at a construction site and was injured when the crane boom with the load got off-balance and began to topple over. In addition to physical injury, I have been nervous and depressed. What can I expect to get, and who can I sue?
There are several possible answers to your question, and some concerns you need to address. First, operating any heavy equipment takes skill. Depending on local or state regulations, or your company’s policy, you may even need to have special training or certification to do so for money. In that instance, if you don’t meet the standards, you could share some liability, as could the company that employs you.
Second, cranes are rated for particular loads. You will need to find out if the load you were lifting was inappropriate for the equipment, and if so, who instructed you to do the job that way. The logistics of such jobs are of major importance. Even if the load was not too heavy for the boom, there may have been a malfunction problem with the equipment, such as an inability to turn at a particular angle or direction. Are you aware of similar problems with that piece of equipment? Do your research. In cases like this, equipment failure is often a good argument.
But so is operator error. You would be wise to consult with experts who inspect equipment and operations on construction sites, as you can probably count on insurance adjustors wanting to claim it was your error in judgment. If you have an excellent work record in this field, back it up with documentation and witnesses.
There’s a good chance you can collect something from insurance carriers of either the equipment manufacturers, construction management, or corporate boss. You can certainly claim damages for a nervous condition and depression and the impact that both have had on all aspects of your life and livelihood. You will need to document treatment for these conditions in addition to any treatment you have had for your physical injuries. If you are not found to share fault, you could merit a hefty settlement. At any rate, you should seek the advice of an experienced construction accident attorney right away. |
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