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we represent clients who have suffered from different types of injuries or accidents
Kelley Wolff Injury Attorneys pursue third-party lawsuits against crane operators, rigging companies, equipment owners, and manufacturers, using OSHA crane violations to prove negligence and recover full damages throughout Central Texas. No fee unless we win.
construction accident
Why Crane Accidents Demand a Specialized Legal Approach
These cases are not ordinary construction accident claims. They turn on federal crane regulations, lift-plan engineering, equipment maintenance records, and the conduct of several companies working the same hoist. Building the case requires crane-safety experts and a firm that knows how to use OSHA findings as leverage.
Our workplace accident attorneys investigate every crane accident from the ground up—identifying each negligent party and every available insurance policy so injured workers and their families recover everything Texas law allows.
Workers’ Compensation vs. a Third-Party Crane Accident Claim
In Texas, an injured crane-accident worker can often pursue both workers’ compensation benefits and a separate third-party lawsuit, and the third-party claim recovers far more—including full lost wages, pain and suffering, and punitive damages. Understanding the difference is the key to full recovery.
What Workers’ Compensation Covers
If your employer carries workers’ comp, it pays medical bills and partial lost wages regardless of fault, but it does not pay for pain and suffering, full lost income, or punitive damages. The Texas Department of Insurance oversees this system, which caps income benefits well below a worker’s actual earnings.
Why Third-Party Claims Recover More
Crane operations almost always involve multiple companies—a rigging contractor, a crane rental firm, a general contractor, an equipment manufacturer. When one of those third parties caused your injury, you can collect workers’ comp and still sue them for the full value of your losses, far beyond what comp provides.
Texas Non-Subscriber Employers
Texas is the only state that lets private employers opt out of workers’ compensation entirely. These “non-subscriber” employers can be sued directly for a crane injury and lose key legal defenses, which often means injured workers recover substantially more than comp would have paid.
Who Can Be Held Liable for an Austin Crane Accident
A crane accident can involve several liable parties—the crane operator, the rigging or signal crew, the crane rental company, the general contractor, a maintenance provider, and the crane manufacturer. Each may carry separate insurance, expanding the compensation available to you.
The Crane Operator and Rigging Crew
Operators who exceed load limits, misjudge a lift, or ignore signals are frequent defendants. So are riggers and signal persons whose mistakes drop a load. Federal rules require these workers to be qualified, and a violation of those requirements is strong evidence of negligence.
Crane Rental and Leasing Companies
Companies that rent or lease cranes must supply safe, properly maintained equipment and, in many cases, qualified operators. When a leasing company provides a defective or poorly serviced crane, it can share liability for the resulting injuries.
General Contractors and Site Owners
General contractors control overall site safety—including ground conditions, power-line clearances, and lift planning—even for subcontractor employees. A GC that allowed an unsafe lift or ignored hazards may be liable, much like in a premises liability case.
Maintenance and Inspection Companies
Cranes require regular inspection and maintenance. A third-party company that performed a negligent inspection or repair—missing a worn cable, a hydraulic leak, or a brake defect—can be held responsible when that failure causes an accident.
Crane Manufacturers (Product Liability)
When a design or manufacturing defect—a faulty boom weld, a failed counterweight system, or a defective safety device—causes a crane to fail, the manufacturer faces strict product liability. These claims often parallel the broader heavy machinery accident and product liability claims our firm handles.
OSHA Crane Regulations That Strengthen Your Case
Crane work is governed by detailed federal safety rules. A documented violation is powerful evidence that a contractor or operator was negligent.
The OSHA Cranes and Derricks Standard
Federal crane safety is governed by OSHA’s Cranes and Derricks in Construction standard, 29 CFR 1926 Subpart CC, which requires certified operators, qualified riggers and signal persons, safe ground conditions, and power-line clearances. The standard’s scope and requirements are detailed in OSHA’s official cranes guidance, covering operation, assembly, inspection, and power-line safety.
Operator, Rigger, and Signal-Person Qualifications
The standard requires certified crane operators and qualified riggers and signal persons. Texas does not issue its own crane license, so OSHA’s national certification requirement controls, and OSHA’s crane operator and crew requirements become central when an unqualified worker causes a crash.
Overloading and Ground Conditions
OSHA reports that the large majority of crane failures stem from exceeding the crane’s rated capacity, and the standard also requires firm ground conditions and proper setup. Investigators study the lift plan, load charts, and site conditions to determine what went wrong.
Common Types of Crane Accidents in Austin
The most common crane accidents are collapses and tip-overs, dropped loads, power-line electrocutions, boom and counterweight failures, and assembly or dismantling incidents. Austin’s construction boom has put tower cranes and mobile cranes on skylines and job sites across the city, and these are the failures that most often injure workers and bystanders.
Crane Collapses and Tip-Overs
Overloading, unstable ground, high winds, or improper setup can topple a mobile crane or collapse a tower crane, endangering everyone on and around the site. These are among the most catastrophic construction accidents that occur.
Dropped Loads and Falling Materials
Rigging failures, faulty hooks, and operator error cause suspended loads to fall onto workers below—closely related to the falling object injuries that rank among OSHA’s leading construction hazards.
Power-Line Electrocutions
When a boom or load line contacts an overhead power line, operators, riggers, and ground workers can suffer fatal electrocution or severe burns. Maintaining safe clearances is a core OSHA crane requirement.
Boom and Counterweight Failures
Structural failures of the boom, jib, or counterweight system—whether from a defect, fatigue, or overloading—can send heavy components crashing down with little warning.
Assembly and Dismantling Accidents
Erecting and taking down a tower crane is among the most dangerous phases of crane work. Many serious injuries occur during assembly and disassembly when crews skip steps or work under pressure.
Caught-In and Crushing Accidents
Workers can be crushed between a swinging load or rotating counterweight and a fixed structure, causing amputations and fatal crush injuries during routine lifts.
Common Crane Accident Injuries
The forces involved in crane work produce some of the most severe injuries on any job site.
Crush Injuries and Amputations
Falling loads and caught-between accidents cause crushed limbs and traumatic amputations that end construction careers and require lifelong care and prosthetics.
Traumatic Brain and Spinal Cord Injuries
Impact from a dropped load or a fall during crane work can cause a traumatic brain injury or spinal cord damage. Our catastrophic injury team documents the lifetime impact of these injuries.
Electrical Burns and Cardiac Injury
Power-line contact causes deep electrical burns, nerve damage, and cardiac injury that may not be fully apparent immediately after the accident.
Fatal Crane Accidents
When a crane accident kills a worker, surviving family members can pursue a wrongful death claim that recovers far more than workers’ compensation death benefits—covering lost support, companionship, and the family’s grief.
Compensation Available After an Austin Crane Accident
A third-party crane accident claim can recover economic damages, non-economic damages, and—where gross negligence is proven—punitive damages, none of which workers’ compensation fully provides.
Economic Damages
These cover current and future medical care, rehabilitation, lost wages, and diminished earning capacity. Catastrophic crane injuries can produce lifetime costs in the millions, which third-party claims recover in full—without the caps that limit workers’ comp.
Non-Economic Damages
These compensate physical pain, mental anguish, disfigurement, and loss of enjoyment of life. Texas places no cap on non-economic damages in third-party personal injury claims.
Punitive (Exemplary) Damages
When a contractor knowingly ignored crane-safety rules or OSHA citations, Texas law allows exemplary damages under Texas Civil Practice and Remedies Code Section 41.003, available on the official Texas statutes site. These awards punish companies that put profits over worker safety.
How OSHA Findings Help Prove Your Crane Case
OSHA does not file lawsuits—it investigates and issues citations—but its findings carry significant weight in civil litigation. After a serious crane accident, OSHA inspectors and engineers examine the equipment, the lift plan, and site conditions to determine what failed and who was responsible.
An OSHA report documenting which crane-safety standards were breached, and by whom, becomes a roadmap for the civil case. Knowing how to obtain and use those findings is part of what separates a strong crane accident claim from a weak one. The federal construction standards live in OSHA’s 29 CFR Part 1926, which sets out the specific duties contractors owe.
Building Your Crane Accident Case
Crane evidence disappears fast once a site reopens, so we move quickly.
Preserving Critical Evidence
We send preservation letters demanding that contractors and equipment owners keep the crane, maintenance logs, inspection records, lift plans, and load charts intact. We document the scene before the crane is moved, repaired, or returned to the rental company.
Crane-Safety and Engineering Experts
We retain crane-safety engineers and accident reconstructionists to analyze the failure, calculate loads and capacities, and explain exactly how a violation caused your injury. Medical and vocational experts document your injuries and lost earning capacity.
Identifying Every Defendant
We trace the relationships among the operator, rigging crew, rental company, general contractor, and manufacturer to name every responsible party and reach every available insurance policy. Our Austin personal injury team coordinates the entire effort.
Texas Statute of Limitations for Crane Accident Claims
The statute of limitations for a crane accident third-party injury claim in Texas is generally two years from the date of the accident, under Texas Civil Practice and Remedies Code Section 16.003. You can review the deadline on the official Texas statutes site.
Workers’ compensation claims carry their own, much shorter notice deadlines. Acting quickly also protects the physical evidence—the crane itself, its logs, and site conditions—that a strong third-party claim depends on, since job sites change rapidly once work resumes.
How Long a Crane Accident Case Takes
Most serious crane accident cases resolve within 18 months to three years, depending on the number of defendants, the complexity of the engineering, and whether trial becomes necessary. Cases involving a single clear violation can settle faster, while those involving multiple contractors, product-defect claims, or disputed causation require more extensive expert work—which often increases the ultimate recovery. Cases should not settle until the full extent of the injuries is known.
Why Injured Workers Choose Kelley Wolff Injury Attorneys
We Look Beyond Workers’ Comp
Many firms stop at a workers’ comp claim. Attorneys Travis S. Kelley and Colin Wolff dig into the full liability picture, pursuing the third-party defendants and product claims that deliver the compensation comp alone never will.
Local Austin Knowledge
We know Austin’s busy construction corridors, its Travis County courts, and how local juries respond to crane-safety violations. We serve injured workers across Austin, Round Rock, Pflugerville, Cedar Park, and surrounding communities.
Resources to Take On Contractors and Insurers
Crane cases require crane-safety engineers, reconstruction experts, and the resources to litigate against large contractors and their insurers. We have them—reflected in our 5.0 Google rating across dozens of client reviews.
No Fee Unless We Win
We handle every crane accident case on contingency and advance all case expenses, including expert and engineering costs. You face no financial risk and pay nothing unless we recover compensation for you.
Contact an Austin Crane Accident Attorney Today
A crane accident can change your life in an instant, leaving you with catastrophic injuries and a confusing mix of contractors and insurers trying to limit what they pay. You deserve a firm that pursues every responsible party—operators, rigging crews, rental companies, contractors, and manufacturers. Kelley Wolff Injury Attorneys is ready to take that fight on for you.
We offer free consultations and handle every case on contingency. We also represent workers injured in related heavy machinery, falling object, and electrical injury construction accidents across Central Texas. Do not let critical evidence disappear.
Frequently
Asked Questions
Your Top Questions Answered After a Unsafe Work Conditions Construction Accident
Injured in a construction? Kelley Wolff Injury Attorneys is here to answer your most pressing unsafe work conditions construction accident questions—from dealing with insurance to knowing when to hire a lawyer.
What should I do first after a crane accident in Austin?
Get medical care, report the accident to your supervisor in writing, and document everything you safely can. Photograph the crane and scene, note witnesses, and avoid recorded statements to insurers. Then contact an attorney quickly so the crane, its logs, and site conditions can be preserved before the job site changes.
What does it cost to hire Kelley Wolff Injury Attorneys for a crane case?
Nothing upfront. We handle all crane accident cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation. We also advance case expenses such as crane-safety engineers, accident reconstruction, and court costs, so you face no financial risk in pursuing your claim.
What if my loved one was killed in a crane accident?
Surviving spouses, children, and parents can file a wrongful death claim that recovers funeral costs, lost financial support, lost companionship, and mental anguish. These third-party claims provide substantially more than workers’ compensation death benefits and hold the negligent companies accountable for fatal safety failures.
How much is a crane accident case worth?
Value depends on the severity of your injuries, medical and future-care costs, lost earning capacity, and the conduct involved. Crane injuries are often catastrophic, and third-party claims recover full damages with no cap on pain and suffering—frequently far exceeding what workers’ compensation alone would pay.
How long do I have to file a crane accident claim in Texas?
You generally have two years from the date of the accident to file a third-party injury claim, under Texas Civil Practice and Remedies Code Section 16.003. Workers’ compensation claims have shorter notice deadlines. Acting quickly also protects the crane, its maintenance logs, and site evidence before the job site changes.
Does Texas require crane operators to be licensed?
Texas does not issue its own crane operator license, but federal OSHA rules require crane operators to be certified through a nationally accredited program, and riggers and signal persons to be qualified. When an uncertified or unqualified worker causes an accident, that violation strengthens your claim against the responsible company.
What are the most common causes of crane accidents?
The leading causes are overloading beyond rated capacity, power-line contact, dropped loads from rigging failures, tip-overs from unstable ground, and assembly or dismantling errors. OSHA reports that exceeding the crane’s rated capacity accounts for the large majority of crane failures, which is why lift plans and load charts are central evidence.
How do OSHA crane violations affect my case?
An OSHA violation of the Cranes and Derricks standard (29 CFR 1926 Subpart CC) is powerful evidence of negligence. OSHA does not file lawsuits, but its findings document which safety rules were breached and who was responsible. We use those findings to build a strong civil claim for your injuries.
Who is liable for a crane collapse on a construction site?
Liability can fall on the crane operator, the rigging or signal crew, the rental company, the general contractor, a maintenance provider, or the crane manufacturer. Crane accidents usually involve several companies, so an investigation is needed to identify each negligent party and reach every available insurance policy for full compensation.
Can I get workers’ comp and still file a crane accident lawsuit?
Yes. Workers’ compensation and a third-party claim are separate and can be pursued at the same time. You can collect comp benefits from your employer’s insurer while suing the negligent third party that caused the crane accident for additional damages, including the pain, suffering, and full income loss that comp never covers.
Can I sue someone other than my employer after a crane accident in Texas?
Yes. If a third party—such as the crane operator’s company, a rigging contractor, a rental firm, or the crane manufacturer—caused your injury, you can pursue a third-party lawsuit in addition to any workers’ compensation benefits. These claims recover full lost wages, pain and suffering, and other damages that workers’ comp does not provide.
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Kelley Wolff Injury Attorneys delivers personalized legal guidance, focused advocacy, and strong results for injury victims throughout Austin and the surrounding communities.

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