Crane accidents are among the most devastating workplace incidents. In point of fact, crane accidents can result in severe injuries like traumatic brain injuries (TBIs) if the injury affects a worker’s head.
As such, it’s important to understand what TBIs are as well as the steps New York workers should take if they experience one at work, such as properly filing a workers’ compensation claim.
Here and beyond, the experienced New York traumatic brain injury attorneys at Schwartzapfel Lawyers are ready to help go over all your options. Moreover, if you or a loved one has experienced a traumatic brain injury, you should know that time is of the essence. To that end, call us now at 516-342-2200 for a free consultation and start recovering today.
If, however, you would prefer to first read up on the subject, please continue.
Common Causes Of Crane Accidents
Cranes are a fixture of many construction sites, especially in urban areas where development demands tall structures. While the Occupational Safety and Health Administration (OSHA) requires regulations of crane operations, accidents can still occur.
The nature of an accident and any injuries sustained can depend on the type of crane used at the site. Fixed cranes like tower cranes are built into the ground, restricting their lateral movement but allowing workers to reach taller heights. These heights — and the materials lifted to them — are the primary risks associated with cranes.
However, mobile cranes are mounted on wheels and can move from one part of a site to another. This adds an extra layer of risk to their operation, combining the heights of a fixed crane with on-the-ground maneuvering, similar to an excavator.
Machine Failure
The most common kind of crane accident involves boom failure or failure of the crane’s arm. This collapse can be caused by overextension of the boom or excess pressure. Similarly, dropped loads are caused by exceeding the crane’s weight limits, incorrectly securing the load, or failing to properly balance the load before a lift.
Slips, Trips & Falls
Occasionally, construction workers can fall from cranes, which can be caused by mechanical failures, improper operations, or simply a misplaced step. For mobile cranes, accidents involving hitting workers can occur while driving. This range of risk necessitates stringent safety precautions and experienced operators.
If you or a loved one is injured after a crane accident, it is likely in your best interest to speak with a seasoned attorney like the ones at Schwartzapfel Lawyers without delay. Call us now at 516-342-2200 for a free consultation and/or case evaluation.
Regardless of the type of crane used at your site or what you suspect the cause of your accident to be, our skilled attorneys will thoroughly investigate your case and do everything within our powers to help you collect all the money and benefits you’re entitled to. Note: Taking action becomes even more essential if the injury you sustain is severe, such as a traumatic brain injury.
What Is A Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when head trauma causes damage to the brain. In the context of crane accidents, TBIs can result from falls, being struck by falling objects, or being caught in machinery. The severity of TBIs can range from mild concussions to severe cases, causing long-term cognitive impairment or even death.
Some people may recover from TBIs, but recovery can be a long road. Many people live with the effects of a TBI for their whole lives, even if the effects are minimized over time.
Significantly, common TBI symptoms include but are not limited to:
- Headaches
- Nausea or vomiting
- Dizziness
- Blurred vision
- Memory problems, confusion, or trouble thinking
- Mood changes like irritability or depression
It’s typically best to diagnose and treat a TBI right away. Early intervention usually leads to the best outcome. Medical professionals typically use imaging tests such as CT scans or MRIs to assess the extent of brain damage and develop a treatment plan as soon as a TBI is suspected.
What Should A New York Worker Do If They Get A Traumatic Brain Injury At Work?
If a worker sustains a TBI in a crane accident in New York, they typically should take several immediate steps:
Immediately Go To The Hospital
The worker should seek qualified medical attention immediately, even if symptoms appear mild at first. This step is absolutely critical, as prompt medical care can prevent the injury from worsening as well as provide a documentary basis for insurance purposes.
Note: Workers’ compensation often requires an employee to seek treatment from a workers’ comp board doctor. However, if you’ve experienced a head injury, you cannot wait for an appointment. Get emergency treatment at a hospital first and see a workers’ comp doctor later.
Speak To A Skilled Attorney ASAP
A traumatic brain injury isn’t a normal workplace accident or injury, like slicing your finger with a box cutter or throwing your shoulder out lifting a heavy box.
TBI cases can be devastating and complicated. You have many options available to you to assist with your recovery and help you pay your bills while you’re dealing with the effects of your injury. The experienced New York personal injury attorneys at Schwartzapfel Lawyers are prepared to fight — and win! — for you. Call us now at 516-342-2200 for a free consultation and so much more.
Report The Incident To Your Employer
In New York State, workers have (30) days to report a work-related injury to their employer to qualify for workers’ compensation benefits. You have up to two (2) years after your initial report to file a workers’ comp claim.
This long reporting period is usually beneficial to people with back injuries that worsen over time. The effects of a TBI usually set in quickly, which means it may be more beneficial to file your claim immediately.
Document Everything
Keeping detailed records of the accident, medical treatments, and any communication with your employers or insurance companies could protect you. These records can support a workers’ compensation claim.
How Do You File A Claim With New York Workers’ Compensation For A Traumatic Brain Injury?
New York State employers are required by law to provide workers’ compensation insurance coverage for their employees, including coverage for TBIs resulting from workplace accidents. If your employer doesn’t provide you with workers’ comp coverage, they’re violating the law.
To successfully file a workers’ compensation claim, several steps must be completed. To this end, a filing party should:
Make Your Notification
The first step of any workplace insurance claim is to notify your employer of what happened. Immediately report the injury to the employer. Provide details about how the injury occurred and when it happened. You may not be able to file a claim unless you report your injury to your employer within the (30)-day period.
Complete The Claim Form
You can get workers’ compensation claim forms from the employer or the New York Workers’ Compensation Board (WCB) website. Fill out the forms with as much detail as possible, describing the injury and medical treatment you received. You can include medical documentation or information about the doctors you saw.
Submit The Claim On Time
File the completed claim forms with the workers’ compensation Board. Include any supporting documentation such as medical records, witness statements, and accident reports. Workers’ compensation will often require you to receive an evaluation from a WCB doctor if you haven’t already done so.
Follow Up With Workers’ Compensation
After submitting the claim, stay in contact with the WCB. They may need more information from you, or they may request that you see a specific doctor. Complying with their requests as quickly as possible can move your claim more quickly.
Collect Workers’ Compensation Payments
If your claim is approved, you’ll likely receive such workers’ comp benefits as reimbursement for medical expenses related to the TBI, wage replacement for lost income during recovery, and vocational rehabilitation, if needed. Note: If your recovery process is extensive, you may be allowed to collect workers’ comp benefits for several years.
Do You Need Legal Help After Your Traumatic Brain Injury?
Traumatic brain injuries resulting from crane accidents are serious and life-altering events for workers. As such, clearly understanding your rights and the legal options available to you as a New York worker is essential for ensuring that you receive the medical care, financial support, and legal protection you deserve.
By promptly reporting injuries, filing workers’ compensation claims, and seeking qualified legal guidance, injured employees can work toward returning to health and meeting their financial obligations as they recover.
Simply put, a traumatic brain injury can have lifelong consequences. To help, the award-winning New York City construction accident attorneys at Schwartzapfel Lawyers are standing at the ready to fight for you.
If you or a loved one has experienced a traumatic brain injury, you need to act immediately. Call us now at 516-342-2200 or schedule your free consultation online to begin building a successful traumatic brain injury case.
One phone call may save you miles of headache, heartache, and financial strain down the line. So, please, don’t wait until it’s too late. Instead, act now and have Schwartzapfel Lawyers fight — and win! — for you.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Traumatic brain injury – Symptoms & causes | Mayo Clinic
Workers’ Compensation Board | New York State
File A Workers’ Compensation Claim | New York Workers’ Compensation Board
