If You’ve Been Hurt Falling From A Hoist, We Can Help
Improperly maintained or operated hoists can be the cause of serious accidents at the job site.
Job Injury Lawyers Representing People Hurt at Work Sites in the Bronx, Queens, and NYC Metro Area
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 accidentally 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, PLLC, 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.
What To Do If You’ve Been Injured In A Hoist Accident
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.
Our Team Can Start Working for You from the Moment You Call
When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.
- Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
- Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
- Start Your Recovery: we can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.
Common Legal Questions
Your time to file a construction lawsuit is limited by the statute of limitations. New York gives you three years from the date of the accident to initiate a personal injury lawsuit. The statute of limitations is a hard deadline. If you fail to file your lawsuit within the time limit, you will be barred from recovering compensation.
There are two main types of damages available to construction accident victims. Economic damages cover financial losses, such as medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover personal, non-monetary losses related to the accident. These include pain and suffering, emotional distress, scarring/disfigurement, and loss of consortium. Rare cases may qualify for punitive damages, such as incidents where the construction company ignored safety standards.
The value of your case will depend on many different factors. Your economic damages, which are the direct financial losses you’ve sustained in the accident, will make up a large portion of your compensation. These damages include medical expenses and lost wages, among other things. Your non-economic damages, which represent the personal, non-financial losses related to the accident, will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, can also affect your award.
Yes. You can still recover compensation if you are being blamed for a construction accident. Workers’ compensation is a no-fault system. If you are seeking workers’ comp, you can recover benefits regardless of whether you are at fault for the accident. If you are filing a third-party suit and are partly at fault, New York’s pure comparative fault rules will come into play. In this case, your compensation will be reduced to account for your share of the blame for the construction accident.
If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.
How We Protect Your Rights After An Accident
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.
Contact an Attorney in Queens or the Bronx Following Injuries Caused by a Faulty Hoist
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, PLLC, we have been representing injured construction workers for over 30 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 (929) 305-0949 or contact us online today to get a free consultation.