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Crane accident claims usually arise as a result of negligence on the part of the employer. It is essential that all health and safety procedures are followed in the workplace, especially on a construction site where a crane is in use. It is the duty of an employer to provide a safe working environment for both employees and visitors.Tell Us About Your Case
While there are many different types of crane accidents common accidents happen to people on the ground where they are impacted by falling or swinging objects and also when sustaining an injury while attempting to steady a load that is being lowered to the ground. When up in the higher sections of the crane accidents happen where cranes impact with overhead power lines. Also where faulty equipment causes an accident or miscommunication from the ground up causes an accident.
An employer may be found liable for the accident. The common reasons are that an employer may have failed to eliminate risks or did not provide the correct training to the operator of the machinery. In order to prove employer negligence it may be necessary to obtain CCTV footage of your accident. Details of all the training you received will help. On top of this photographs of your injuries will assist you too. This helps you to prove liability. If you have any other information or documentation relating to your accident and injuries you should always keep a copy and ensure you tell your solicitor about them. In order to aid the claims process for you.
Some of the common injuries sustained from a crane accident include:
Cranes are used to move heavy goods from one place to another. With that comes its own set of risks and accidents can be serious. The most common causes of crane accidents are:
The Health and Safety Authority of Ireland’s guide to Safety, Health and Welfare at Work Regulations tell us that an employer must ensure that when working with lifting equipment, such as cranes that the following are complied with:
All lifting operations are properly planned, appropriately supervised and should be carried out in such a way that ensures the safety of the employees. This means that the person planning the operation should have adequate practical and theoretical knowledge and experience in this field of construction. When devising the plans, there must be a proper risk assessment, identification of skills and resources needed, and proper assignment of duties to those needed to ensure the lifting operation is carried out safely.
The crane used should be able to support the load it will be lifting. To support this, engineering calculations are necessary before cranes are set up and runway beams are attached to the crane.
The specifications of the lifting equipment should be checked in terms of frequency of use that the manufacturer has designed it for. For example, lifting equipment that has been designed for occasional use should not be used as the main lift on a construction site where there is a high demand for lifting and moving of objects.
According to the HSA, an employer must also ensure the following before any crane is put to use, that it is:
It must also be clearly visible to the driver of the crane and show the driver at all times the radius of the jib, trolley or crab and the safe working load corresponding to that radius unless:
For a guy derrick crane:
Following an accident at work, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident at work, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.
If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a workplace accident claim. It is also useful to find out if there is any CCTV in the area where your accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a workplace accident claim for any personal injuries sustained, it is advisable that you speak with a workplace accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board (PIAB) for assessment. A workplace accident solicitor can help you in preparing your application to the Personal Injuries Assessment Board (PIAB) and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist workplace accident solicitor to help you with this.
When you decide you want to move forward with your workplace accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the workplace accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your workplace accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next step.
At this point one of two scenarios will unfold:
a. If both you and your employer accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your workplace accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email firstname.lastname@example.org to tell us about your case.
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If you are to proceed with a workplace accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a workplace accident.
Special damages are out of pocket expenses incurred as a result of the workplace accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.Learn more about Time Limits
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