Crane and rigging operations play a critical role at any construction site. Professionals rely on cranes and similar heavy machinery to lift steel beams into place or to move supplies to elevated locations. Some larger construction companies in Omaha may have their own heavy equipment and licensed operators on their payroll. Many others work with outside companies and independent contractors when a project requires a crane.
Mistakes with rigging and crane operation can lead to loads dropping. They can cause struck-by incidents if machinery or supplies swing while suspended in the air. Workers affected by crane and rigging mistakes can sustain potentially career-ending injuries.
What rights do injured construction professionals have when a crane or rigging incident leads to devastating injuries that affect their income and generate major medical expenses?
Workers’ compensation can help
Regardless of who owns and operates the crane, the professional hurt in a crane-related incident may be eligible for workers’ compensation benefits. The benefits available can pay for medical treatment and can help replace part of the worker’s income.
However, workers’ compensation does not provide full wage replacement through disability benefits. Professionals typically only receive a portion of their average weekly income. To recoup the remaining losses they sustain, a lawsuit might be necessary.
Workers’ compensation regulations prevent employees from filing lawsuits against employers who comply with workers’ compensation rules. Thankfully, if the party at fault is an independent contractor or an employee from an outside company, the injured worker might potentially be eligible to file a third-party liability lawsuit.
The Occupational Safety and Health Administration (OSHA) has clear rules for multi-employer job sites that explicitly permit third-party litigation in cases where an outside business is at fault for an incident. Workers have the right to file lawsuits against companies other than their employers who are responsible for their injuries.
An injured construction professional can hold an outside business or the employer of another worker present at the construction site liable for the impact of negligence or safety code non-compliance on the job site. A third-party injury lawsuit can potentially provide better financial relief than a workers’ compensation claim.
Injured construction professionals may need help determining who is at fault and who may be liable for a crane and rigging incident that had catastrophic consequences. Sitting down with an experienced construction injury attorney can help professionals understand their options and pursue the optimal amount of compensation, given the circumstances.