You are not alone if you have been hurt in a hoist accident. The Weinstein Law Group, PLLC is here to help you recover. A New York construction accident lawyer from our team will fight to recover injury-related costs, stabilize your financial future, and get you justice.
Who can be held liable for a hoist accident injury?
The outcome of your injury claim will only be successful if you can prove another person’s negligence caused your accident and injuries. You must identify the actual at-fault party and gather evidence to prove liability. If you blame the wrong party, even though they may seem the obvious culprit, you may ultimately fail to prove liability and put your settlement at risk.
A skilled New York construction accident lawyer will carefully evaluate your accident, looking at every detail and correctly identifying the at-fault party. Who that party is depends on the cause and circumstances of the accident. Most likely, however, the at-fault party will be one or more of the following.
Property owners
Under New York labor law Section 200, workers have the right to work in a safe environment, and property owners may be responsible for maintaining the safety of a construction site.
General contractors or subcontractors
Those same laws may put the responsibility on the general contractors or subcontractors, depending on the specifics of the situation.
Product manufacturers
Product manufacturers may be responsible if the hoist malfunctions due to a product design or defect.
It is essential to know that New York has specific laws protecting laborers working on scaffolds, hoists, or elevators. An experienced New York construction accident lawyer will hold general contractors or other parties responsible for this law and demand accountability for violations.
Workers’ compensation and personal injury claims
You cannot sue your employer under New York law. Employers are required to carry workers’ compensation insurance. Therefore, you can file a workers’ compensation claim or sue a third party for negligence.
You do not have to prove fault when filing a workers’ compensation claim. When filing a claim, your employer, generally, will not challenge the claim. However, there are limitations to only filing this claim. For example, the workers’ comp claim will compensate for medical bills and lost wages, but it will not pay for pain and suffering, and it rarely covers all the bills that come with your injury. Filing a workers’ compensation claim and a personal injury lawsuit may improve your chances of getting total compensation for your injury.
Common injuries related to hoist accidents
Hoist accidents produce serious, sometimes catastrophic, injuries. These injuries can have long-lasting or permanent effects and require costly medical interventions.
- Traumatic brain injuries (TBIs)
- Back, neck, and spinal cord injuries
- Broken bones, lacerations, and amputations
- Electrocutions
Whatever injuries you sustain and the additional consequences they lead to, you can trust your hoist accident lawyer in NYC to assess those losses with precision. Your attorney may consider your medical costs, income loss, pain and suffering, reduced quality of life, and any other relevant factors when calculating your settlement demand and will fight relentlessly to see your losses recovered and your needs met.
“Stuck-by” and “fall” types of hoist accidents
The Occupational Safety and Health Administration (OSHA) identifies four main categories of accidents on construction sites: electrocutions, struck-bys, caught-ins, and falls. Hoists significantly contribute to the “struck by” and “falls” categories.
Hoists raise and lower equipment. Workers can be “struck by” that equipment as it swings from the hoist or because it falls from the hoist. The hoist hook itself can even strike them. Hoists that transfer equipment usually do so with a massive metal hook attached to cables and an electrical-powered pulley system. These hooks are capable of carrying tons of weight, so the damage they can do upon impact with a human head or body cannot be underestimated.
Personnel hoists carry construction personnel to different levels of high-rise construction projects. Workers stand on a platform surrounded by a “cage” to prevent them from falling from the hoist. Still, falls can occur, and the results are often devastating.
How do hoist accidents occur?
Determining the cause of a hoist accident and identifying the at-fault party are critical steps in a hoist accident injury case. Your hoist accident lawyer in NYC will investigate your case and help you to better understand any negligence that may have occurred resulting in your injury.
Common reasons include:
- Inadequate training
- Overloading
- Poor rigging
- Operator error
- Poor assembly of the hoist
- Inadequate inspection and maintenance
- Operating at too-high speeds
- Failure to comply with safety regulations
OSHA regulations for hoists
Overhead hoists lift heavy objects and materials with minimal effort through pulley systems, wires, ropes, and chains. These hoists can be operated electrically, manually, or through pneumatic systems. OSHA regulations cover the hoists’ design requirements, safe working loads, supporting structures, placement, inspection and testing, and other uses.
OSHA has other regulations in place for material and personnel hoists. These regulations govern speed, load capacities, and the condition of rope and wire components, among other elements. Specific requirements exist for material and personnel hoists, respectively. They specify measurements for planking used for the hoist platform, bars or gates at entrances and exits, who or what can or cannot ride on the hoist, safety features, and other components.
Understanding damages resulting from hoist accidents
If you are injured in a hoist accident, you will likely have medical expenses on top of your other regular expenses. Compensatory and general damages include estimations of medical bills, lost wages, pain and suffering, and loss of consortium. Depending on the severity of the injury, it can also include the estimate of future medical treatment, rehabilitation, and lost earning capacity.
Working with a hoist accident attorney to file a workers’ compensation claim alongside a personal injury lawsuit can help reduce your anxiety about paying the bills by providing a way to get compensation for the injury you sustained.
How long do I have to file a claim?
New York has a three-year timeline for filing a lawsuit, starting the day of the incident if the incident occurred while working for a private entity. Depending on the facts of your case and the type of suit you are filing, the start date of your timeline may be more flexible.
For example, if you are filing a workers’ compensation claim, you have two years to file. You have 90 days to file a notice of claim if the accident occurs while working for a municipal entity or corporation. An experienced attorney can review your situation to see if there is an issue with the statute of limitation, as this may be one of the first lines of defense from the opposing party. Insurance companies and opposing parties want to try and find ways to discredit or disclaim your lawsuit. An experienced attorney will advocate for your situation by establishing evidence proving your injuries.
Partnering with The Weinstein Law Group, PLLC is the right move
When you work with The Weinstein Law Group, PLLC, you can rest assured that you are working with experienced attorneys. The New York construction accident lawyers from our team have decades of experience with construction injury cases–there is little about a case that can surprise us. And if there are surprises, we are more than capable of navigating them effectively.
While our team has plenty of New York grit, we also have tremendous compassion for our clients. We care. We listen to our clients’ concerns and respond to every question–we always return phone calls. You will not find a more attentive hoist accident lawyer in NYC than you can find at The Weinstein Law Group, PLLC. We have broad legal knowledge, keen negotiating skills, and extensive courtroom experience. We will pour these powerful resources into your case, keeping you informed and up-to-date every step of the way.
How much does it cost to hire a construction hoist accident lawyer in NYC?
If you have been hurt in a hoist accident but think you cannot afford the legal fees to pursue compensation, The Weinstein Law Group, PLLC is here to say–you’re wrong. You can afford to partner with us. When we take your case, we also take on all costs of your case. Until you receive a settlement, you will not pay us even one dollar. After you receive compensation, we will take a percentage to cover legal fees. Of course, we will inform you of the details at the start of our working relationship.
Contact an NYC hoist accident lawyer today
It’s important to partner with a law firm with a history of success. The Weinstein Law Group, PLLC has that history. It’s also important to partner with a lawyer who cares. And we do. We are proud of our long list of satisfied clients. We look forward to adding your name to that list. Call (212) 741-3800 or message today for a free consultation with an experienced and empathetic hoist accident lawyer in NYC. When someone else’s negligence causes you harm, you deserve compensation, and we will fight tirelessly to see you made whole.
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Steven M. Weinstein