Injured While Operating a Crane or Lift? Your Legal Rights in Texas

Cranes and lifts are essential for heavy lifting in construction, manufacturing, and industrial work. However, these machines also come with significant risks, and when accidents happen, workers can suffer life-changing injuries. In Texas, construction-related crane and lift accidents often leave injured employees wondering what legal options are available to help cover medical bills, lost wages, and long-term disabilities.

At The Low Law Firm in Abilene, Texas, we help workers understand their legal rights after a crane or lift accident. Whether the injury was caused by employer negligence, defective equipment, or unsafe worksite conditions, injured workers deserve fair compensation. This guide explores the most common injuries, steps to take after an accident, and how Texas law protects injured workers.

The Reality of Crane and Lift Accidents in Texas

Cranes and aerial lifts pose serious hazards, even for trained professionals. According to the Bureau of Labor Statistics, crane-related accidents caused 297 deaths in the U.S. between 2011 and 2017, with Texas leading the nation in fatalities (Source: https://www.bls.gov). Many more workers suffer non-fatal but severe injuries each year, leading to extended recovery times, lost wages, and permanent disabilities.

The most common types of crane and lift accidents include:

• Crane collapses due to unstable positioning or overloading.
• Falls from aerial lifts caused by malfunctioning equipment or lack of fall protection.
• Struck-by incidents where heavy materials or the crane boom hits a worker.
• Electrocution accidents from cranes coming into contact with overhead power lines.

These incidents often result from safety failures, improper equipment maintenance, or negligence by contractors and employers.

Your Legal Rights After a Crane or Lift Injury

Texas law provides multiple legal avenues for injured workers to seek compensation. The best option depends on the circumstances of the accident and whether negligence was involved.

1. Workers’ Compensation Claims
   • Texas is unique in that employers are not required to carry workers’ compensation insurance. However, if your employer does provide coverage, you may be eligible for benefits to cover medical expenses, lost wages, and rehabilitation costs (Source: https://www.tdi.texas.gov).
   • Workers’ compensation is a no-fault system, meaning you can receive benefits without proving that your employer was negligent. However, it does not cover pain and suffering or full wage replacement.
2. Personal Injury Lawsuits
   • If your employer does not carry workers’ compensation or if a third party contributed to your accident, you may be able to file a personal injury lawsuit to recover additional damages.
   • Personal injury claims allow workers to seek full compensation, including medical bills, lost wages, pain and suffering, and long-term disability costs.
   • Examples of negligence that could justify a lawsuit include:
     • A contractor ignoring safety regulations, leading to a fall.
     • A supervisor forcing workers to operate a crane in dangerous weather conditions.
     • A site manager failing to provide proper fall protection for aerial lift workers.
3. Product Liability Claims for Defective Equipment
   • If your injury was caused by faulty crane parts, a defective lift, or malfunctioning safety mechanisms, the manufacturer or distributor may be held responsible under product liability laws.
   • Examples include:
     • A hydraulic failure in an aerial lift causing it to drop suddenly.
     • A crane’s counterweight system failing due to defective design.
     • A boom lift’s control system malfunctioning, leading to a worker getting pinned.
   • Product liability cases require proving that the defect directly caused the accident and that the worker was using the equipment as intended (Source: https://statutes.capitol.texas.gov).
4. Wrongful Death Claims
   • If a worker is killed in a crane or lift accident, their surviving family members may pursue a wrongful death lawsuit against the responsible parties.
   • This can provide compensation for:
     • Funeral expenses.
     • Loss of financial support.
     • Emotional suffering of surviving family members.
   • Texas law allows spouses, children, and parents of the deceased to file wrongful death claims (Source: https://statutes.capitol.texas.gov).

Steps to Take After a Crane or Lift Accident

If you’re injured in a crane or lift accident, taking the right steps can protect your health and your legal case:

1. Seek Immediate Medical Attention
   • Even if injuries seem minor, get evaluated by a doctor. Internal injuries, concussions, and spinal trauma may not show symptoms right away.
2. Report the Incident
   • Notify your employer or site supervisor as soon as possible. Request a written accident report for your records.
3. Document the Scene
   • Take photos or videos of the accident site, the crane or lift involved, and any visible hazards.
   • Collect contact information from witnesses.
4. Preserve Evidence
   • If faulty equipment caused the accident, ensure that it is not altered or repaired before it can be examined by experts.
5. Consult an Attorney
   • Personal injury and workers’ compensation claims can be complex. Consulting an experienced lawyer ensures that you receive the compensation you deserve.

Case Study: A Preventable Crane Collapse in Texas

In 2022, a mobile crane collapsed at a Texas construction site, injuring three workers. Investigators found that the employer failed to inspect the crane before use, and the operator lacked proper certification (Source: https://www.osha.gov).

The injured workers filed lawsuits against both the employer and the crane rental company, claiming negligence for failing to ensure safe operations. The case resulted in a multi-million-dollar settlement, covering medical expenses, rehabilitation costs, and lost wages for the injured workers.

This case highlights why proper training, inspections, and adherence to OSHA regulations are critical in preventing crane and lift accidents.

How The Low Law Firm Can Help

At The Low Law Firm, we fight for injured workers and their families, ensuring that they receive full compensation for their injuries. Led by Tara Gilmore-Low, our team is dedicated to holding negligent employers, contractors, and equipment manufacturers accountable.

We handle cases involving:

• Workers’ compensation claims for medical expenses and lost wages.
• Personal injury lawsuits when negligence causes preventable injuries.
• Product liability cases for defective cranes and lifts.
• Wrongful death claims for families who have lost a loved one in a workplace accident.

By investigating accident scenes, gathering evidence, and working with industry experts, we build strong cases that maximize compensation for injured workers.

Fighting for Safer Worksites in Texas

Employers, contractors, and manufacturers have a legal and moral obligation to protect their workers. When they fail, injured workers have the right to seek justice and financial recovery. Taking legal action not only helps victims but also encourages safer workplace practices across Texas.

If you or a loved one has been injured in a crane or lift accident, The Low Law Firm is here to help. Contact us today for a free consultation and let us fight for the justice you deserve.