Your Legal Rights Following a Crane Accident

September 16, 2010

On March 15, 2008, a 22-story crane collapsed on East 51st Street in Manhattan, killing seven people. A little over two months later, a second crane collapsed at an Upper East Side construction site, leaving two dead, including the 30-year-old crane operator.

These two crane accidents have been at the center of multiple investigations, civil lawsuits and criminal charges against those believed to be responsible for the catastrophes.

Rigging contractor William Rapetti was one of the individuals facing criminal charges for his role in the East 51st Street collapse. This past June, a Manhattan judge acquitted Rapetti of all charges, which included second-degree manslaughter, criminally negligent homicide and second-degree assault.

City prosecutors argued that Rapetti was in part responsible for the crane collapse because he used faulty slings to suspend a portion of the crane to the building that was under construction. However, Rapetti's lawyers successfully argued that there were other contributing factors leading to the devastating crane accident, including the fact that the crane was not bolted to the ground and that shoddy steel beams had been used to fasten it to the building.

The two devastating crane collapses in New York also revealed serious corruption within the City's Department of Buildings. The Department is responsible for ensuring the safe and lawful use of nearly one million properties in New York City. It also is in charge of enforcing the City's Building Code and the state's Labor Laws, among other laws as well as issuing construction permits and crane operator licenses.

A building inspector from the Buildings Department was supposed to have inspected the crane less than two weeks before the collapse happened. Upon investigation, however, it was discovered that Inspector Edward J. Marquette had falsified the inspection report and never had visited the East 51st Street construction site.

Even though Rapetti was cleared of the criminal charges, he still faces civil negligence charges for his role in the March accident. A general contractor and the building's owner already have been convicted of civil negligence by a Manhattan judge for their part in the crane collapse.

Injured Worker Rights under New York Law

Generally when a construction worker is injured on the job, whether in a crane accident or other construction accident, filing a worker's compensation claim is the worker's only available legal remedy. Injured workers are entitled to workers' comp benefits regardless of whether they, their employer or a co-worker is responsible for the accident.

However, under New York law, workers' comp benefits may not be the sole source of recovery if another party is responsible for the worker's injury. In cases where a third party, like the general contractor or property owner, is wholly or partially at fault for the accident, then the injured worker has a right to bring a civil claim against the negligent third party.

State law imposes duties on employers, property owners and general contractors to ensure workers have a safe working environment. For example, New York Labor Law Sections 240(1) and 241(6) require general contractors and property owners to fulfill the following duties to workers:
- Labor Law Section 240(1) requires contractors and land owners of buildings larger than one and two family dwellings to furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices to give proper protection to construction workers
- Labor Law Section 241(6) requires that work done at a construction, excavation or demolition site be so constructed, shored, equipped, guarded, arranged, operated and conducted to provide reasonable and adequate protection and safety to persons lawfully frequenting the premises

Labor Law Section 241(6) also provides that the property owner can be held liable when a general contractor or subcontractor acts negligently and fails to use reasonable care to provide adequate protection and safety to the workers on the job site.

Further, the property owner can be held legally responsible even though he or she did not have control over the work site or directly supervise the area where the work was being done and did not have actual or constructive notice of any danger to the injured worker.

It is important that construction workers injured in crane accidents understand their full legal rights, including their right to bring a claim against any third-party who shares responsibility for their work-related injuries. In many cases, workers' compensation benefits may not be enough to make-up for all the losses caused by a crane or other construction injury.

Conclusion

The 2008 crane collapses in New York City brought public attention to a fact that construction workers have long known: their business is a dangerous one. Each year, thousands of construction workers across the country are injured or lose their lives.

Even though there is a complex system of local, state and federal laws meant to protect the safety of workers and ensure that they are provided with a safe work environment, this does not mean that employers always carry out the law.

For more information regarding your legal rights following a crane accident or other on-the-job injury, contact an experienced construction accident attorney today.

Article provided by Roy S. Hiller
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