Construction sites are high-risk environments, and few machines are as powerful—or potentially dangerous—as cranes. When a crane boom or load swings out of control, it can cause devastating crush injuries to workers nearby. If you were injured in a crane-swing collision, understanding how employer liability is established is critical to securing the compensation and care you deserve.
Understanding Crane-Swing Accidents
Crane-swing incidents typically occur when a crane’s load or arm swings unexpectedly due to mechanical failure, poor site coordination, miscommunication, or wind gusts. These accidents can result in severe crush injuries, including:
- Broken bones and fractures
- Internal organ damage
- Spinal cord injuries
- Amputations
- Traumatic brain injuries
These injuries often require long-term medical treatment and may result in temporary or permanent disability.
Workers’ Compensation: Your First Line of Recovery
California law requires employers to provide workers’ compensation coverage for all employees injured on the job. Regardless of who caused the crane-swing incident, you are generally entitled to:
- Medical treatment
- Temporary disability benefits (lost wages while recovering)
- Permanent disability benefits (if you cannot return to your previous job)
- Supplemental job displacement benefits (if you need to switch careers)
However, workers’ comp may not always be straightforward—especially if your employer or their insurer disputes your claim.
Proving Employer Liability in Crane-Swing Incidents
While workers’ comp does not typically require proving fault, there are situations where employer negligence becomes relevant. For instance, if your claim is denied or if you’re also pursuing a third-party lawsuit, establishing liability can make or break your case.
How Employer Negligence May Be Involved:
- Failure to properly train workers on crane hazards and safety zones
- Lack of supervision or communication between crane operators and ground crews
- Failure to inspect or maintain cranes to manufacturer or OSHA standards
- Ignoring wind speed limits or site-specific risks that make crane use dangerous
If any of these factors played a role in your injury, an attorney can help collect evidence and build a case showing that your employer’s negligence directly contributed to your accident.
Steps to Take After a Crane-Swing Injury
If you were hurt by a swinging crane or falling load, follow these steps to protect your rights:
1. Report the Injury Immediately
Notify your supervisor or foreman and ask for a written incident report. Documenting the injury right away helps prevent disputes later.
2. Seek Medical Attention
Prompt care not only protects your health—it creates a clear medical record linking your injury to the incident.
3. File a Workers’ Compensation Claim
Ask for a DWC-1 form from your employer. Submitting this claim starts the official process to access your benefits.
4. Gather Evidence
Take photos of the site, your injuries, and the crane if possible. If coworkers witnessed the accident, get their contact information.
5. Consult an Employment Law Attorney
An experienced attorney from PLBH can help determine if your employer is liable beyond standard workers’ comp coverage and guide you through appeals or potential lawsuits.
What If a Third Party Was Responsible?
Sometimes, crane operators are employed by subcontractors or outside vendors—not your direct employer. In these cases, you may be able to file a third-party personal injury claim alongside your workers’ comp claim. These lawsuits can cover:
- Pain and suffering
- Emotional distress
- Punitive damages (in cases of gross negligence)
Your attorney can investigate who owns, operates, and maintains the crane to identify every liable party.
Protect Your Rights After a Devastating Injury
Crane accidents are serious and often life-changing. If you’ve suffered a crush injury due to a swinging crane load, PLBH is here to help. We’ll fight to make sure your rights are protected and that you receive the full benefits and compensation you’re entitled to.
Call (800) 435-7542 today to schedule a free consultation. Let us help you rebuild your life after a construction site injury.