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Basic safety precautions must be taken in any industrial or construction setting, or folks can get hurt. There is simply too much going on in one place for the companies involved not to follow applicable industry standards and OSHA regulations. Nevertheless, contractors, manufacturers, and other crane operators frequently fail to follow the most basic safety rules and regulations. Crane accidents can occur in various ways but most often occur when a crane strikes those working around it, when it unexpectedly collapses, or when the operator drops its load. If you or a family member has been injured in a crane incident because an operator or their employer acted negligently, Maginnis Howard’s personal injury attorneys can help.
In cases of crane accidents, an immediate investigation must be undertaken. This is both to preserve the facts about the incident and to identify the company or companies responsible. If your employer was the sole negligent party, you may be limited to only a workers’ compensation claim. In workers’ compensation, the damages recoverable are limited. If another party was negligent, though, such as a separate company hired solely to operate the crane, you may be able to file a third-party negligence case. These types of cases allow for a more complete financial recovery.
Unlike automobile collisions, which, depending on size and complexity, can sometimes be handled without an attorney, Maginnis Law would not advise anyone injured by a crane to attempt to handle their case themselves. Establishing negligence is simply too difficult. Big industrial companies and their insurers frequently try to shield you from the actual facts of what happened, and often, the truth is only uncovered after multiple depositions and significant discovery in the litigation setting. Experts such as accident reconstruction engineers and occupational safety and health professionals are often needed to establish “the standard of care” and the breach of that “standard of care.”
If you are successful in your crane accident negligence case, you will receive various types of damages. The goal of the law is to make you financially “whole” as much as possible. Examples of recoverable damages include compensation for your past and future medical expenses, lost wages, pain and suffering, scarring, and disability.
Maginnis Howard offers a contingency fee arrangement to all personal injury clients. This means you do not pay any attorneys’ fees unless we recover a settlement or verdict. We have three conveniently located offices in Charlotte, Fayetteville, and Raleigh. Contact us today for a free consultation.