close-up of crane operator gloves on controls

What Happened at the Brent Spence Bridge Project

A construction worker died on Saturday morning, October 17, after a boom lift crane shifted and fell at a work zone in downtown Cincinnati, according to WKRC Local 12 and FOX19 (WXIX), as shared by Gray News.

The accident happened near West Third Street and Pete Rose Way, inside the construction zone for the Brent Spence Bridge Corridor Project. Police said the worker was operating the boom lift crane when it shifted and fell. He was taken to the University of Cincinnati Medical Center, where he died. Officials had not released his name.

The Ohio Department of Transportation said the worker was a crew member for Walsh-Kokosing, the main contractor on the project. The Cincinnati Police Criminal Investigation Section and the Occupational Safety and Health Administration (OSHA) are investigating. ODOT said, "We take the safety of everyone working on this major project seriously."

Investigators have not said what caused the crane to shift. We will not guess at the cause. Our thoughts are with this worker's family, friends and coworkers.

Why This Matters for Alabama Workers

Every day, thousands of Alabamians build and repair our roads, bridges, plants and warehouses. Many of them work on or near cranes, boom lifts and other heavy machines. When one of those machines tips or falls, there is very little time to get out of the way.

Safety experts point to a few common risks with cranes and lifts. Soft or uneven ground can give way. A load can be too heavy for the machine. Outriggers may not be set the right way. Parts can wear out when equipment is not inspected and maintained. Operators may not get enough training for the exact machine they are using.

Alabama does not run its own state workplace safety plan for private employers. That means federal OSHA handles safety inspections at most private job sites in our state, from Birmingham to Mobile.

The Legal Issues in Plain Language

An Employer's Duty to Keep Workers Safe

Federal law requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious harm. On a crane or lift job, that usually means trained operators, regular equipment inspections, a safe setup and a plan for ground and weather conditions.

Workers' Compensation in Alabama

When a worker is hurt or killed on the job in Alabama, workers' compensation is usually the main path to benefits from the employer. These benefits can help pay medical bills and part of lost wages. In a death case, certain family members may be able to receive benefits. In most cases, workers' compensation also limits a worker's right to sue the employer directly.

Claims Against Other Companies

Large job sites often involve many companies. There may be a general contractor, several subcontractors, an equipment rental company and the company that built the machine. If another company's negligence helped cause an injury, or if a machine had a defect, the injured worker or family may have a separate claim against that company. These are often called third party claims, and they work differently from workers' compensation.

Wrongful Death Claims

When a person dies because of someone else's wrongful act or neglect, Alabama law allows a wrongful death claim against the responsible party. These cases have their own special rules, and deadlines to file can be short.

What to Do If You Are Hurt on a Job Site

  • Get medical care right away, even if you feel fine at first. Some injuries show up later.
  • Report the injury to your supervisor in writing as soon as you can, and keep a copy.
  • Write down what happened while it is fresh: the time, the equipment involved and the names of people who saw it.
  • Take photos of the area, the equipment and your injuries if it is safe to do so.
  • Keep your medical records, bills, pay stubs and any letters from insurance companies.
  • Know that you have the right to report unsafe conditions to OSHA, and federal law protects workers from being punished for raising safety concerns.
  • Be careful about giving recorded statements or signing papers before you understand your rights.
  • Talk with a lawyer about whether a company other than your employer may share responsibility.

Frequently Asked Questions

Can I sue my employer after a construction accident in Alabama?

In most cases, workers' compensation is the main remedy against your employer in Alabama, and it usually limits lawsuits against the employer. You may still have a claim against another company, such as an equipment maker or another contractor, if its negligence or a defective product helped cause the injury.

Does an employer have to report a workplace death to OSHA?

Yes. Federal rules require employers to report a work related death to OSHA within 8 hours of learning about it. OSHA can then inspect the site, interview workers and decide whether to issue citations.

What is a third party claim in a workplace injury case?

A third party claim is a claim against someone other than your employer, such as a subcontractor, a property owner, an equipment rental company or the maker of a defective machine. These claims are separate from workers' compensation and may allow recovery for losses that workers' compensation does not cover.

Talk With Our Team

If you or someone you love was hurt in a similar situation, the team at Heninger Garrison Davis can help you understand your options. Call for a free consultation.

This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship.

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