New York Construction Hoisting Accidents Lawyer
The New York skyline is full of massive skyscrapers that could not have been built without the help of hoists, which allow construction crews to carry, lift, and transport heavy metals, materials, and equipment. While hoists are necessary, any negligence in their operation can harm workers. The result can unfortunately be severe injuries and even death.
If you are injured in a New York construction hoisting accident, call Hill & Moin today. Our team of experienced attorneys has helped injured workers from all over the state get the compensation they deserve. We have provided compassionate legal services to New York residents for over 40 years. Our goal is to be a trusted member of your family to offer support when needed.
Call Hill & Moin at (212) 668-6000 for a free case evaluation. There is no fee unless you win.
What is a Hoist?
A hoist is a machine used by construction companies to assist in building skyscrapers, bridges, and so much more. Hoists are used to lift metallic beams and other materials. There are a variety of different hoists used for different purposes. These machines use pulleys, chains, and cables to lift and hold onto the object to be moved. The hoist does most of the heavy lifting for construction crews and manufacturing plants.
Hoists can lift and move objects at different speeds. They even come with safety mechanisms, such as load brakes and limit switches, allowing operators to control loads. Only trained professionals should be allowed to operate a hoist.
How New York Hoist Accidents Happen?
There are several ways a worker can be injured or killed while working on or near a hoist. There are safety protocols that must be used to ensure safe usage. Disregarding those protocols may lead to an accident. Also, hoist defects can cause unforeseen issues, even if all safety protocols are followed.
Common accidents that happen due to negligence include:
- Hoists tipping over or collapsing due to a malfunction or being overloaded
- Workers being electrocuted when a worker touches a powerline
- Workers being struck by the hoist itself or objects it is carrying
- Workers being caught in-between objects or the hoist
- Workers who fall off the hoist
Hoists Require Special Attention to be Used Properly
Hoists and other types of lifting machines, like cranes, can have a singular point of weakness. That part of the machine is called a sling. The sling connects the load being lifted to the rest of the hoist. Every hoisting task is different depending on the job. The sling can be made from various materials, like metal and synthetic or natural fibers, mesh, and chains.
Whatever material is used as the sling, it must be shaped to the shape of the load. Since this part of the hoist is what does most of the heavy lifting, it can often be the point of failure if used incorrectly. Supervisors must be present to consider each of the potential variables that could lead to the hoist failing.
OSHA Regulations for Safe Hoist Usage
OSHA has a few safety regulations to protect workers against improper hoist usage. Along with general and routine inspections and maintenance, rules should always be followed. Failing to do so can have dangerous consequences.
OSHA regulation 1926.552 – Employers must follow all specifications given by the hoist manufacturer. Without specifications, operators should seek information from a professional engineer.
OSHA regulation 1926.554 – This regulation enforces that a safe load is not heavier than the hoist. A hoist cannot be expected to lift and move a load that is heavier in weight than the machine itself. It is also essential for hoists moving overhead to be allowed to move freely; there should be no restrictions on the hoist reaching the load. All hoist operators must always stand away from the machine.
Who Can Be Held Liable After a New York Construction Hoisting Accident?
Construction site accidents are devastating for everyone involved. If you have been injured in a hoisting accident, you may wonder who is liable. You may think your employer is the only responsible party, but that may be partly true. Several parties could possibly be held liable.
Property owner
Property owners may be liable for incidents that occur on their land. It depends on the owner’s control over the construction site. Did the property have dangers that should have been corrected before inviting a construction crew to work there? If any risky situations were present and the owner did not fix them, then he or she could be responsible.
Contractors and companies
It is ultimately the responsibility of the contractor and/or the company to ensure safe working conditions are present. If not, they are putting their employees’ lives at risk. Along with providing safe working conditions, employers are required to follow OSHA regulations. Employees must also be warned of any potential hazards on site.
Contractors can also be liable for hiring employees who are not certified to handle hoists. What’s more, safety training must be available and readable in a language workers can understand. Many companies prove to be negligent by being careless in these ways or attempting to save a few bucks by shorting the safety training.
Product manufacturer or designer
Many construction accidents are caused by machines that break down and malfunction. Maybe there was a design defect that ultimately caused a machine to fail. Hoists especially have a weak point, like the spring, that can wear down over time. If the design or manufacture of the hoist was flawed, you could hold those companies responsible. Machines can also fail if they are not properly inspected or maintained, which would be your employer’s fault.
Subcontractors
A contractor may hire a subcontractor to do a specialized job on-site. This subcontractor may have his own workers to complete the task. If this employee, the subcontractor himself, or the subcontractor’s workers are not trained or cause an accident, then that employee or subcontractor can be held liable. A contractor can also be held responsible for bringing in a subpar subcontractor who caused your injuries.
Architects
Architects have some responsibility for putting together a project in a safe manner. They may design the building and surrounding area according to their expertise and in tune with local safety codes, but a single flaw in an architect’s design could put people at risk of injury – even before construction is complete.
Safety inspector
Safety inspectors have an important job that requires complete competence. They will often look at a job site, inspect machines, and ensure the site is safe for workers. In some cases, they may overlook a safety issue or not report that issue to be fixed. This is negligence that can lead to workers being injured or killed.
New York Labor Law 240
New York Labor Law 240 exists to protect workers on construction sites from hoisting accidents. While this law is also referred to as the “Scaffold Law”, applying to ladders and scaffolds, it applies to any type of incident involving gravity. Construction sites can be full of dangers from above, especially if a hoist is being improperly used or secured.
Workers’ compensation may not cover all the losses a worker may sustain after being injured on a construction site. If someone was injured by an object that fell from a hoist, New York Labor Law 240 might help them get additional compensation. The law holds the owner and general contractor liable for damages, including loss of income and pain and suffering.
Seeking Compensation for Your Injuries
You may face a long recovery if you deal with an injury after a construction site hoisting accident. While you are at home and unable to work, you will likely face difficult financial times. Not only are all your other bills due, but medical bills might also pile up.
Despite all this, you do not need to be overcome with worry and anxiety. New York Labor Law 200 states that, as a worker, you must be provided with reasonable and adequate safety and protection. If your employer failed to provide a safe work environment and you are now injured as a result, you can seek compensation from your employer.
However, please note that the law does not allow you to sue your employer in most cases.
Types of compensation that may be obtained after a construction site hoisting accident can include:
- Past and future medical expenses
- Disability
- Lost wages
- Disfigurement
- PTSD
If you are an undocumented worker, you are still entitled to receive workers’ compensation benefits. Your legal status will never keep you from being compensated in the event of an injury.
Call Hill & Moin for the “Family Treatment”
Let’s be honest here. Dealing with workers’ comp and insurance companies is never easy. They do not care about what you are going through. Their only concern is their bottom line and how they might get you to accept their lowball offer. Without experienced legal representation early in the process, you may face denials that force you to wait even longer to get the compensation you need.
The attorneys of Hill & Moin have defended the rights of injured New Yorkers for over 40 years. Our clients are a part of the family, so we will protect you. We do not take kindly to vulnerable, hard-working people being taken advantage of by the system. We aggressively defend each client’s right to receive every dollar needed to get through this difficult time.
Hill & Moin LLP, therefore, stands ready at all times to do the hard work on your behalf so you can focus your time and energy on getting back on your feet. Working with an attorney will greatly improve your chance of being approved for workers’ comp benefits. Do not let the negligence of your employer or anyone else ruin your life.
Call Hill & Moin at (212) 668-6000 for a free case evaluation so we can discuss potential Personal Injury Recovery SolutionsⓇ for you. There is no fee unless you win.
Don’t wonder about your rights!