Hoists carry or transport heavy materials and equipment on many New York City construction sites. But hoists can also be dangerous, often resulting in severe injuries and fatalities when negligence is involved.
If you’re injured in a hoist-related NYC construction accident, seek medical attention and consult an NYC construction accident lawyer right away. Hecht, Kleeger & Damashek P.C. has a team of NYC personal injury lawyers who handle hoist specific accidents. Let us answer your questions and help pursue max compensation.
Call 212-490-5700 or use our contact form for a free consultation. There’s no fee unless we win.
What Is a Hoist?
A hoist is a large piece of equipment used on construction sites to build tall buildings, bridges, and other structures requiring lifting materials. They are also commonly used on farms and other industries that require loads to be lifted to a great height.
How Hoist Accidents Happen
Hoist accidents often result when safety protocols are disregarded or machinery defects. Even the slightest deviation in operation or design can result in a severe accident.
Common hoist accidents are:
- Falls by workers of the hoist
- Struck-by-object accidents when the hoist or material hits a worker it is carrying
- Hoist collapses or tipping due to defects, malfunctions, or overloading
- Caught in-between accidents where a worker is caught between the hoist or load and other objects
- Electrocutions where a worker makes contact with an overhead powerline
OSHA Regulations for Hoists
Hoists require routine maintenance and should be inspected by a safety professional regularly. The Occupational Safety and Health Administration (OSHA) has regulations that mandate safety protocols for hoists.
OSHA regulation 1926.554 sets forth several requirements for overhead hoists. A safe working load must not be heavier than the weight of the hoist itself. Overhead hoists must also have free movement and should not be restricted from reaching the load. Additionally, hoist operators should stand clear.
OSHA regulation 1926.552 addresses material hoists and personnel hoists. Employers must comply with all manufacturer’s specifications for these hoists. If no manufacturer specifications are available, a professional engineer should be consulted.
Load capacities, operating speeds, and hazard warnings must be posted on cars and platforms. There are even requirements for when a rope or wire should be replaced.
If these regulations are not followed, the employer or contractor may be held liable.
Should I File a Hoist Accident Lawsuit?
You might think that your only option is workers’ compensation if you were injured on the job. However, workers’ comp won’t cover everything. It’s important to know that you have other options.
If someone other than your employer or a coworker was responsible for your injuries, you might be able to file a third-party personal injury claim.
Other parties who may be to blame are:
- A mechanic or technician
- A machine operator or driver who does not work for your employer
- A parts manufacturer
- A city or state government agency
- A safety inspector
- The property owner
- A contractor or subcontractor
More than one party may be responsible for your New York City construction accident. If that is true, it’s important to include everyone possible when you file the lawsuit. If you don’t, you may forfeit your ability to recover the maximum amount of compensation possible.
Compensation in Hoist Accident Lawsuits
If you are successful in a NYC personal injury accident claim, you can be compensated for all of your losses. Specifically, we can help you pursue the following:
- Past and future medical expenses
- Lost wages
- Loss of earning potential
- Pain and suffering
- Disability
- Disfigurement
- Emotional distress
- Mental anguish
Workers’ Compensation Claims for NYC Hoist Accidents
New York Labor Law 200 mandates that employers are required to provide “reasonable and adequate protection to the lives, health, and safety of all” employees. If your employer failed this duty, they may be responsible for your damages. However, according to New York law, you can’t sue your employer unless they don’t have workers’ comp insurance.
If you are eligible for workers’ compensation, it will pay all your medical costs and part of your lost wages. However, it will not pay for non-economic damages like pain and suffering. That’s why it’s important to consult with a NYC hoist accident lawyer who can help you decide if you’re eligible for a personal injury settlement.
Types of New York Construction Accidents
Notable
Results
$9,000,050
NYC Construction Workers Injured on an Exterior Scaffold
Read More ResultsCommon Causes of Hoist Accidents
Hoist accidents are nearly always preventable. Construction companies and other businesses need to ensure employees have appropriate training and equipment are adequately maintained. Despite these efforts, some common causes of chain hoist accidents include the following:
- Improper maintenance
- Improper operation
- Lack of training
- Failure to maintain equipment
- Defective equipment
- Overloading
- Failure to inspect
- Broken chains, ropes, brakes, hooks, and other components
- Damage and wear and tear on equipment
All these factors can be avoided by following safety protocols.
Common Hoist Accident Injuries
Hoist accidents often cause serious falls or impacts with stable objects. This can result in serious or even fatal injuries. Some common injuries caused by hoist accidents include:
- Traumatic brain injury
- Amputations
- Lacerations
- Paralysis
- Fractures and broken bones
- Head and neck injuries
- Soft tissue damage
- Internal organ damage
- Muscle strains, sprains, and tears
Call a NYC Construction Hoist Accident Lawyer for Help
If you or a loved one were involved in a hoist related accident, you should immediately contact a NYC construction accident lawyer. The legal processes surrounding construction and work-related accidents can be complex, and you should not attempt them alone.
Call Hecht, Kleeger & Damashek P.C. at 212-490-5700 or use our online contact form for a free, no-obligation case evaluation. There’s no fee unless we win.
CLIENT REVIEWS
04/26/2021
Jonathan is incredible in the results, I recommend to all construction workers, incredible results.
5
ro mejia, HKD CLIENT
03/06/2021
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12/27/2020
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05/15/2019
“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”
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