Hoists are used throughout New York City at construction sites to raise and lower people, materials, and equipment. Improperly maintained or operated hoists can be the cause of serious accidents at the job site. Heavy loads can be accidently dropped on workers, improperly installed hoists can collapse, and overloaded hoists can break resulting in serious injuries. If you are a victim who has been injured in a hoist accident, you may be entitled to compensation in addition to Workers’ Compensation benefits under the laws of New York State. Hoist accident victims should reach out to a skilled Queens or Bronx construction accident attorney as soon as possible to determine the full scope of their options. At Oresky & Associates, we can thoroughly investigate the events leading to your injuries and determine whether you have a right to make a claim under New York State’s Labor Law. The Labor Law provides a broad scope of protections for those engaged in construction and related trades. Our firm is committed to providing each and every client with personalized and compassionate representation.
Hoists provide a way to lift or lower heavy loads into precise locations at a construction site. If a load is improperly secured on a hoist the load could fall striking a nearby worker. A worker struck by a falling load, piece of equipment, or the hoist itself can suffer serious consequences including injuries to the neck or back, traumatic brain injuries, fractures and many others serious types of disabling injuries. Hoist accidents are not uncommon. Any failure in the chain, cable, installation, or way the load was secured can lead to serious accidents, some of which can even prove fatal. Inspecting construction hoists is critical to safety. A hoist that is not properly maintained can be extremely dangerous.
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Sections 200, 240, and 241 of the New York State Labor Law protect construction workers involved in a work-related accident in many situations. These laws give them the right to file a lawsuit and obtain compensation through the courts in addition to Workers’ Compensation. When a hoist breaks or is improperly used and causes injury to a worker the accident may fall under Labor Law 240(1) which will provide for absolute liability against the owner and contractor. Proving liability and determining liability for the injured worker can be very complex and choosing the right lawyer to represent your legal interests is very important.
To establish liability, the worker does not need to prove that the owner or contractor was careless or meant to cause harm. They only need to show that the defendant failed to provide the protections required by Section 240, and this failure was a direct cause of the worker’s accident and resulting injuries. For example, if a worker was injured as a result of falling materials that were being hoisted, that worker would have a strong case under Section 240. If liability is found under the Labor Law, owners and contractors will be required to pay for a worker’s accident-related damages, such as pain and suffering, lost union benefits, lost wages, and medical treatment. It is important to note that Workers’ Compensation does not account for many of these costs and harms, so bringing a claim under the Labor Law can make a huge difference to a worker if it is applicable.
If you have been hurt in a hoist accident in the Greater New York City area, you should reach out to seasoned job injury lawyers who can help protect your rights. At Oresky & Associates, we have been representing injured construction workers for over 25 years. We understand that this is a critical time in your life, and we will treat you as we would be want to be treated in your situation. Members of our staff speak Spanish, and we have represented many foreign nationals, including some workers who do not have legal status in the U.S. Our attorneys assist people in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. Call (718) 993-9999 or contact us online today to get a free consultation.