212-LAWYERS or (212) 344-1000

construction accidents

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
  • Overloading
  • 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 today at 212-344-1000 or contact us online.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee

Construction Accidents Menu

April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews