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NEW YORK CITY CONSTRUCTION HOIST ACCIDENT ATTORNEY
Talk to Our Construction Injury Lawyers for the Best Legal Advice
Hoists are a common sight on construction sites across New York City. They are used for the purpose of transporting construction material, heavy equipment, and personnel from the ground level to the higher floors.
They can be manually, pneumatically, or electrically operated – depending on the amount of load they are required to transport.
Since hoists are used to carry heavy loads, even the slightest of defects – in terms of the device’s design or operation – can result in serious accidents with fatal consequences.
Employers are mandated by NY Labor Law and The NY State industrial Code to inspect hoists regularly for defects and wear and tear and make sure that they are in proper working condition. If they fail in doing so (either intentionally or unintentionally) and if their negligence results in an accident, they can be held liable for the resulting fatalities and injuries.
If you or any of the members of your family happen to be a victim of a hoist accident, the construction injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you. Our legal team is highly experienced in handling personal injury lawsuits and are adept at using the resources at their disposal to obtain the best possible outcomes for our clients.
What are the different types of hoist accidents?
- Fall accidents, in which one or more workers accidentally fall off the hoist.
- Stuck-by-object accidents, in which workers are struck by an object falling off the hoist.
- Collapses, in which the hoist collapses down to the ground due to a defect, malfunction, or overloading.
- Caught-in-between accidents, in which one or more workers are caught in between the hoist and another object and get crushed to death or sustain severe injuries.
- Electrocutions, in which one or more workers accidentally make contact with an overhead power line.
What are the common causes of hoist accidents?
Hoist accidents can be caused as a result of defective design, malfunction, or human error. Given below are the most common causes of accidents involving hoists.
- Defective equipment
- Failing to properly secure construction materials and equipment
- Failing to inspect the hoist regularly
- Failing to check the chains, ropes, brakes, hooks, and other such components for damage and wear and tear
- Allowing untrained and unauthorized people to operate the hoist
Safety Protocols to Follow to Avoid Hoist Accidents
- The hoist should be minutely inspected by qualified and trained personnel on a regular basis. Malfunctioning components must be repaired and damaged or worn-out components must be replaced as and when needed.
- The operator should conduct a pre-operational check to make sure the hoist is in perfect working condition. The hoist must be run all the way up to the topmost floor and all the way down to the ground floor without any load. If there are any unusual sounds or movements, the hoist must be immediately checked for defects.
- The operator needs to be aware of the weight of the material or equipment that needs to be transported through the hoist. It should not exceed the loading capacity of the hoist under any circumstances.
- Construction materials and heavy equipment need to be properly secured so that they do not tip over or fall off the hoist.
- Only trained and authorized personnel should be allowed to operate a hoist.
- Workers should not be allowed to stand or walk directly underneath a hoist which is on its way up or down.
- Everyone involved in the hoisting operation – loaders, riggers, spotters, as well as operators – must be provided with a hard hat, face shields, earmuffs, and other such personal protective equipment.
Failing to follow the aforementioned safety protocols can increase the risk of hoist accidents greatly. In the event of an accident, the person whose negligence led to the accident can be held liable for the deaths (if any) and the injuries sustained by the workers.
Depending on the circumstances that led to the accident, the liable party could be the contractor, subcontractor, or the building owner.
Rosenberg, Minc, Falkoff & Wolff LLP has a long history of fighting for the rights of construction workers who suffer the consequences of their employer’s negligence. Our attorneys will fight aggressively to seek an adequate compensation for your pain and suffering as well as the financial losses you suffered as a result of the accident.
New York Laws on Establishing Liability
There are three key sections in New York State Labor Law – section 200, section 240, and section 241 – and The NY State Industrial Code which can protect the rights of construction workers who are involved in work related mishaps or accidents. These sections allow injured workers to file a third party claim against the at-fault parties and seek damages.
This is significant, as workers’ compensation is not sufficient to cover the expenses associated with treating a severe injury or managing a lifelong disability. In these types of cases, the compensatory damages you receive can not only help you pay for your treatment, but also help you recoup the financial losses you suffered as a result of not being able to work for a period of time.
It is notable that the victim of a hoist accident need not prove that the contractor or the building owner was negligent or deliberately tried to cause harm. As a victim, you merely need to prove that the contractor or the building owner failed to provide a proper safe hoisting mechanism – as mandated by Section 240 of the New York State Labor Law.
If the defendant is held liable for the accident, they will have to pay you for your pain and suffering, medical treatment, lost earnings, and lost union benefits.
Experienced Hoist Accident Lawyers in New York City
If you are injured or if one of your family members has died as a result of a hoist accident, get in touch with the construction accident attorneys at Rosenberg, Minc, Falkoff & Wolff LLP. We can identify the at-fault parties who can be held liable, file a personal injury lawsuit, and seek compensatory damages.
You do not have to pay us anything until we win your case. We have won over a Billion dollars for injured NY construction workers. To schedule a free consultation with one of our construction accident lawyers, call us at (212) 697-9280 or rmfwlaw.com today!