Chicago is famous for its skyscrapers and architecture. The impressive buildings that make up the Chicago skyline would not be possible without large cranes. Unfortunately, these cranes can malfunction, and people might get hurt. If you are injured, we can help you sue for fair compensation.
Cranes are enormous pieces of machinery that can cause severe injuries and destruction if not operated properly. If you are hurt in a crane accident, you might sue the crane operator, the manufacturer of the crane, or the company that employed the workers using the crane when the accident occurred. We should focus on finding evidence of how the accident occurred, including witness testimony and safety inspection records.
Call our crane accident lawyers at the Rhatigan Law Offices at (312) 578-8502 and ask for a free, private legal review to begin your case.
Who Can I Sue if I am Hurt in a Crane Accident in Chicago?
Cranes are large pieces of machinery that require numerous parties to operate safely. As such, numerous parties might be held legally responsible for your accident.
Contractors and Subcontractors
Cranes are common on large construction projects, and they may be operated by contractors or subcontractors hired to perform construction work. If you are an employee on a construction site, it may not be possible to sue your employer, as employees typically cannot sue their employers for work accidents under Workers’ Compensation laws.
However, if another contractor or subcontractor that you do not work for was operating the crane or in charge of its operation, you may be able to sue them as a third party.
Crane Operators and Their Employers
Our crane accident lawyers should heavily scrutinize the crane operator. Often, crane accidents happen because the crane is not operated as safely as it should be. An investigation might reveal that the crane operator blatantly disregarded safety standards and protocols.
If the crane operator is directly responsible for the accident, you may be able to include their employer in the lawsuit. Again, employees cannot sue their employers for work accidents under Workers’ Compensation laws. If you work for the same employer as the crane operator, we may need to find alternative legal options for compensation.
Crane Manufacturers
In some cases, the workers operating the crane did everything right, but things still went horribly wrong. The crane should be quickly inspected for damage or defects. If we find that the crane was defective, the manufacturer may be held responsible.
We can file a lawsuit against the manufacturer for negligently producing the crane or its parts. We must prove that the accident was a direct result of the defect. A defect may include damage to the crane that occurred before it was purchased or design flaws that prevent the crane from being operated safely.
Workers’ Compensation Claims
If you work in the construction field, you may be eligible for Workers’ Compensation, whether you are an employee or an independent contractor. You can file a claim with help from an attorney who handles Workers’ Compensation cases.
To start your case, you must report your accident and injuries to your employer as soon as possible. Ideally, you or someone you know should inform your employer immediately after the accident. Under Illinois law, you must report the accident to your employer within 45 days to receive Workers’ Compensation benefits. You have up to 3 years to file a formal claim for benefits.
Once you have your Workers’ Compensation claim under control, talk to our legal team about filing a lawsuit to recover damages that Workers’ Compensation does not cover.
What Kind of Evidence is Important in a Crane Accident Case?
Evidence is the key to proving your claims. The evidence we need will depend on your specific situation, and some evidence may or may not be available.
Maintenance, Safety, and Inspection Records
Cranes are huge, and it is simply impossible to transport the crane to the courtroom for a judge and jury to see for themselves. As such, we may need photos of the crane and records about its construction and safety inspections to prove that the crane was damaged or defective.
This kind of information is often in the defendant’s hands. We may request copies of these records during the discovery phase of your case.
Witness Testimony
Cranes are not discreet. They are enormous and visible to people for miles around. When a crane accident happens, people notice. As such, there may be many witnesses out there we can interview and ask about what they saw.
Witnesses may include other people working on the construction site near the crane, people who passed by the site at the time of the accident, and even the crane operator.
Security Camera Footage
The construction site where the crane was operating likely has security cameras that may have captured the accident on video. Depending on the crane’s size, the accident might be visible from other buildings, and security cameras throughout the area might have recorded it.
We should work to get security camera footage quickly. If we wait too long, the footage might be deleted or erased.
FAQs About Lawsuits for Crane Accidents in Chicago
Who Should I Sue After a Crane Accident and Injury in Chicago?
After a crane accident, you may sue the person who was operating the crane, their employer, or even the company that manufactured the crane. Who we sue depends on how the accident occurred and who or what is directly responsible.
If I Am Injured on the Job in a Crane Accident, Can I Sue My Employer?
Probably not. Generally, employees may not sue their employers for work-related accidents under Workers’ Compensation laws. However, if your employer does not carry the necessary insurance to provide Workers’ Comp, or if your employer deliberately caused the accident, you may be able to sue them.
What Are Some Common Causes of Crane Accident in Chicago?
Crane accidents often occur because of operator negligence. If the crane operator ignores safety protocols or operates the crane while overly tired or intoxicated, an accident is likely to occur. Other accidents might happen because parts of the crane are damaged or defective.
Are Damages in a Crane Accident Lawsuit Worth a Lot of Money?
Possibly. Injuries from crane accidents can be severe, if not extreme. People are sometimes crushed and so badly hurt that their injuries never fully recover. As such, you may be entitled to significant financial compensation.
Are Crane Accidents Covered by Insurance?
Very likely, yes. A crane accident, like many work-related accidents, may be covered by Workers’ Compensation insurance. In many cases, if the crane is owned and operated by an outside party or company, that party or company has liability insurance to cover damages in a lawsuit.
Ask Our Chicago Crane Accident Attorneys for Help with Your Case Today
Call our crane accident lawyers at the Rhatigan Law Offices at (312) 578-8502 and ask for a free, private legal review to begin your case.
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