Maison Law can help you if you’re a construction worker that’s been injured in an accident in California. When you work near a crane, injuries are a constant risk. But when it happens because someone wasn’t careful, it opens up options for you. We can guide you through those options. Set up a free consultation today to get started.
Should I Get a Lawyer After a Crane Accident?
It’s surprising, but you don’t have to get a lawyer after a crane accident. At the same time, though, these kinds of situations are rarely simple. They often involve serious injuries, multiple parties, and insurance companies that don’t make things easy. That’s where our team at Maison Law comes in, helping you by:
- Breaking down whether a personal injury claim, workers’ comp, or both make sense for your situation.
- Handling the paperwork, phone calls, and deadlines so you’re not stuck waiting.
- Organizing evidence and documentation so your claim is as strong as it can be.
- Talking with insurance companies or stepping in if your claim is being undervalued.
Think of it like this: your crane accident isn’t just physical. It can affect your income, your family, and your peace of mind. Our goal is to take that burden off your shoulders so you can focus on what matters—getting back to normal.
What Evidence Can Strengthen My Claim After a Crane Accident?
You might think being in something as serious as a crane accident speaks for itself. And while it does in a lot of ways, when you decide to take legal action (or file for workers’ comp), the outcome is going to come down to the evidence you have. Here’s a few key pieces of evidence that can strengthen your claim:
- An accident report – Tell your supervisor immediately and make sure it’s documented. Ask for a copy if possible. It helps prove exactly what happened.
- Medical records – Even small injuries can become serious. ER notes, prescriptions, scans, or therapy records tie your injury to the accident.
- Photos and videos – Snap pictures of the crane, the jobsite, and any injuries. If there are site cameras, see if footage exists.
- Timeline – Write down key dates: the accident, reporting, doctor visits, and recovery updates. It keeps your story straight.
- Witness statements – Coworkers who saw it happen can jot down what they observed. A few lines from someone else can make a big difference.
- Missed work/pay records – Track all time off and lost wages. This matters if you’re seeking temporary disability or lost income.
- Emails or texts – Save correspondence from supervisors, insurance companies, or third parties. It all helps show how the situation was handled.
Taken together, this is going to paint an accurate picture of what happened–and how it hurt you. It’s also about the continuing impact of the accident, but again, it’s going to come down to what actually happened.
How Do Crane Accidents Usually Happen?
Given all the different factors that come with operating a crane and working near one, it’s not all that surprising that there’s substantial risk of injuries. What changes the equation, though, is negligence. When someone cuts corners or isn’t careful, the results can be serious. Here’s a few of the main reasons that crane accidents happen:
- Poor maintenance – Sometimes cables are frayed, brakes are worn, or parts are rusted. Even a little neglect like this can turn a normal lift into a dangerous situation.=
- Communication breakdowns– Mistakes happen, especially when communication breaks down or someone hasn’t had enough training. Forgetting to double-check a load can lead to serious injuries in seconds.
- Unsafe conditions – Things like strong winds, uneven ground, or nearby power lines can make even a routine crane operation risky. No matter how skilled the operator is, the environment can be unpredictable.
- Defective equipment – Every now and then, a crane or one of its parts just fails. When that happens, it’s usually the people on the ground who end up hurt. But if the parts fail because they weren’t made correctly, the parts maker might be responsible for what happened.
Most crane accidents can be prevented, but when safety shortcuts or mistakes happen, the injuries can be life-changing. That’s why knowing your legal options is so important if you’ve been injured. That starts with figuring out who’s responsible.
Who’s Responsible For My Injuries After a Crane Accident?
When a crane accident happens, it’s natural to ask, “Who’s actually responsible for this?” The answer isn’t always simple, because multiple people—or even companies—could share the blame. The key, again, is negligence. If someone or a larger company failed to take the necessary steps to keep you safe, it means that they’re responsible for your “damages.” But what that means in real life is often less straightforward–yet it’s still important to understand. Here’s who’s usually responsible for these accidents:
- Subcontractors – If a subcontractor set up the crane incorrectly or failed to follow safety procedures, they could be at fault.
- Equipment manufacturers – Sometimes a crane component is defective. If the accident was caused by a faulty part, the manufacturer may be responsible.
- General contractors – If the contractor ignored safety rules, failed to train workers properly, or didn’t maintain equipment, they could share liability.
- Third parties – Even if someone else caused the accident, such as a delivery driver or nearby construction crew, workers’ compensation can still provide immediate help.
Regardless of who’s at fault, reporting your injury promptly is key. From there, it’s about fully going over and exploring your options for filing a claim.
What Kind of Claim Can I File After a Crane Accident?
It might not seem like it, but you actually have a wealth of options for filing a claim after a crane accident. And while it’s up to you, it’s ultimately going to come down to your needs. Starting out, it’s probably in your best bet to file for workers’ compensation benefits. You don’t have to show fault, you simply fill out the form and start receiving benefits like:
- Necessary medical bills.
- Partial income replacement.
- Temporary disability or permanent disability benefits.
Workers’ comp is designed to give you quick access to medical care and some wage replacement, no matter who caused the accident. But it only goes so far–and doesn’t apply if you’re a contractor. With a crane accident, a civil claim might make more sense. Typically, this means filing:
- An insurance claim out of court – Your first option is filing an insurance claim against the person or company that caused the accident. Sometimes this is the crane operator, the company that made the parts, or anyone else that caused the accident. It’s quicker, but like any other accident claim, totally controlled by the insurance company. And they usually want to pay out as little as possible.
- A personal injury lawsuit – In more serious cases, or when there’s a dispute over fault, filing a lawsuit may be the only way to make sure you’re fully covered. This is where you take your claim to court, where it’s overseen by a judge (and possibly a jury.) It also allows you to go after full “damages” like:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death expenses in fatal accidents
- Employment lawsuit – If you’re a full-time employee and your employer retaliates against you for getting hurt on the job—for example, by cutting your hours, treating you unfairly, or firing you—you may have grounds to bring a separate civil lawsuit. This type of case is different from a workers’ compensation or injury claim. Instead, it focuses on protecting your rights as an employee and holding your employer accountable for wrongful termination, discrimination, or other violations of California’s labor laws. Through this kind of lawsuit, you may be able to recover damages such as:
- Lost wages, benefits, or opportunities
- Emotional distress caused by the mistreatment
- Back pay if you were wrongfully let go
- Attorneys’ fees and court costs
No two crane accidents are exactly the same, so the damages will always depend on your specific situation. The most important thing is to document your medical care and how your life has been impacted. And don’t wait too long—California generally gives you two years from the date of the accident to file an injury claim.
Frequently Asked Questions
What if I don’t know what caused my accident and injuries?
You’re not always going to know what caused your injuries in a crane accident, but by showing that there was negligence, you can file a claim and get financial support. Our team can handle investigating and figuring out what happened.
Are crane accidents handled differently than other construction accidents?
Not officially under the law, but they’re often more complicated. Cranes are massive, dangerous machines, and multiple contractors are usually involved. That means figuring out who’s at fault can take extra digging.
How long do I have to file a claim in California?
For workers’ comp, you generally need to report your injury within 30 days and file a formal claim within a year. For a personal injury or employment lawsuit, California gives you two years from the accident date. Wrongful death claims follow the same two-year rule.
Contact Maison Law for Help After a Crane Accident in California
A crane accident can change your life in an instant. Figuring out your options can feel overwhelming, but you don’t have to do it alone. If you’ve been hurt in a crane accident in California, our team at Maison Law will guide you step by step, answering your questions and making sure you’re not left facing the situation by yourself.
