White Plains Crane Operator Injury Lawyer
Whether you are working at a construction site in downtown Manhattan or as a longshoreman or harbor worker who unloads and loads cargo onto ships in New York, it is important to know that crane operator injuries are unfortunately very common and often very severe. According to the Bureau of Labor Statistics (BLS), between 2011 and 2015, there were 220 fatal workplace injuries related to crane operation, which is an average of 44 fatal crane operation injuries each year. The highest number of deadly injuries involved crane operators or other nearby workers who were struck by the crane or by equipment. Other injuries involved crane transportation accidents and falls from cranes.
The Occupational Safety and Health Administration (OSHA) recognizes the hazards associated with crane operation in both the general construction industry and in maritime work. As such, OSHA has standards in place for crane safety, and requires employers to ensure that cranes are maintained properly, that they are inspected regularly, and that crane operators receive proper training to operating these heavy machines.
Seeking Compensation for Crane Operator Injuries Under the LHWCA
Under the federal Longshore and Harbor Workers’ Compensation Act (LHWCA), longshore workers, harbor workers, and maritime construction workers may be entitled to receive compensation for workplace injuries. Crane operation is a common task for longshoremen in order to load and unload maritime cargo onto and off ships, as well as onto and off transportation vehicles such as semi-trucks.
The LHWCA does not apply to all crane operators, but only to those associated with maritime work. In order to be eligible for compensation under the LHWCA, a crane operator must fall into one of the following categories:
- Be a longshore worker;
- Work on ship building, breaking, or repairing; and/or
- Be a harbor construction worker.
How New York Workers’ Compensation Law May Be Able to Help
In addition to the federal LHWCA, injured crane operators also may be able to file a claim through the New York Workers’ Compensation Board. New York crane operators, regardless of whether they are maritime workers, may be eligible to receive workers’ compensation benefits by filing an Employee Claim (C-3) with the Board. If you are a crane operator who is injured on the job, it is important to take the following steps in order to preserve your eligibility for workers’ compensation benefits:
- Obtain immediate medical treatment by a health care provider who has been authorized by the Workers’ Compensation Board unless it is an emergency;
- Notify your boss, supervisor, or employer about the injury as soon as possible and provide details about how, when, and where the accident happened (you must do this within 30 days from the date of the accident or else you can lose your right to obtain workers’ compensation benefits in New York); and
- Complete your Form C-3 and submit it to the nearest Workers’ Compensation Board office.
A White Plains Workplace Injury Lawyer Can Help
If you have questions about obtaining benefits after a crane injury, an experienced New York workplace injury attorney can help with your case. Contact the Law Office of Michael Lawrence Varon to learn more about the services we provide to injured longshoremen and harbor construction workers in New York.