With five boroughs and nearly 19 million people accounted for, NYC stretches across more than 6.9 million square feet. And in that space, major construction is underway in excess of 180,000 square feet. That means that approximately 3% of the entire city is enveloped in active construction. Moreover, the majority of these worksites utilize “cranes, derricks, hoists, and hoisting accessories” on a daily basis. Sadly, as a result of these practices, hundreds of NYC construction workers are injured or killed in hoist-related accidents every year.
For these reasons, it is incredibly important to know your rights if you or a loved one works in construction or has been injured in a hoist-related accident on a NYC construction site, as they exist to keep you and your family from losing the money and benefits you are entitled to. Equally as important, in the event of a construction-related accident, you must take action and you must do so without delay. Why? Because having the law on your side is oftentimes not enough. As such, you must combine both elements — knowledge and action — to truly move forward.
Fortunately, you can accomplish this by making one call, without charge, to Schwartzapfel Lawyers. Dial 1-800-966-4999 and speak with one of our experienced personal injury attorneys today.
Day or night, it would be our honor and privilege to assist you in all matters legal so that you may walk away with peace of mind and sound advice. Please, don’t gamble with your future. Take action now and put worry to rest. Call Schwartzapfel Lawyers.
For more on hoist-related injuries, NYC construction workers’ rights, and practical steps you can take in order to protect yourself and your family, please continue reading.
Common causes of hoist-related accidents on construction sites
As hoists typically involve the transportation of heavy objects, accidents can occur at any time for any number of reasons. On construction sites in NYC, common causes include but are not limited to:
- Falls from any height
- Falling objects (e.g. tools, debris, work loads, machinery, other workers, etc.)
- Operational negligence / inadequate supervision
- Device malfunctions / faulty equipment
- Inclement weather / poor working conditions
- Wages your loved one would have earned
- Pain and suffering
- Loss of annuity
- Loss of health insurance
- Services your loved one would have contributed to the household, such as childcare, lawn care, housekeeping, security and accounting
- Loss of friendship, companionship, love, guidance, moral support, advice and affection
Regardless of how or why, if you have been injured in a hoist-related accident on a NYC construction site, please know: You are protected by the law!
As stated in Labor Law § 240(1): “A person employing or directing another to perform labor of any kind… on a building or structure shall furnish… devices which shall be so constructed, placed, and operated as to give proper protection to a person so employed or directed.”
Any violation of Labor Law § 240(1) that leads to injury results in the owner and contractor being absolutely liable for injuries and damages caused. Absolute liability means that the plaintiff (the injured employee) does not have to prove negligence on the part of the defendant (the owner or contractor). In short: What matters is that an injury occurred when it shouldn’t have, and so, even if the injured worker may have been partially at fault, the responsible party (i.e. the owner of the building and contractor) should still be held 100% liable.
Types of injuries and losses caused by hoist-related accidents
With any hoist-related injury, the physical pain and suffering an injured worker may experience can be extensive. Physical injuries can include but are not limited to:
e.g. fractures of the legs, arms, shoulders, hips, ankles
e.g. brain injury, skull fractures, brain hemorrhaging, concussion
Full or partial paralysis
e.g. quadriplegia, paraplegia
External cuts, internal bleeding
As well, injuries that are not readily apparent at the time of the accident can include: tears, strains and sprains, herniated and bulging discs, and nerve damage that can worsen over time until surgery is required.
In addition to physical injuries, emotional suffering can occur days, weeks, months, and even years after a hoist-related accident takes place. Conditions can include but are not limited to:
- Post-traumatic stress disorder (PTSD)
- Acute stress disorder (ASD)
- Mental alterations (e.g. delirium, agitation, sudden mood swings, etc.)
Unfortunately, personal injury losses rarely stop with injury and commonly bleed into the injured persons’ finances. After any hoist-related accident, possible scenarios include:
- Loss of wages
- Loss of pension and annuity
- Loss of health and social security benefits
However they occur, hoist-related accidents are a serious matter that require serious attention. As well, if you or someone you love has been injured on a NYC construction site, the last thing you need is bills piling up. So, please, don’t wait. Protect your financial future before it’s too late by calling Schwartzapfel Lawyers today.
What to do in the event of a hoist-related accident on a construction site
Whether your injury is due to poor maintenance, improper use, human error, machine malfunction, or something else, receiving proper medical care is absolutely critical for your physical and mental recovery. As such, the first step to be taken is: Get help. If you can, visit to the emergency room or see your doctor right away. Because whether or not you believe you need immediate assistance, when it comes to your health and wellbeing, it is always best to err on the side of caution.
Next, one of the best ways to protect you and your family’s financial future is to secure expert legal representation. On a related note: Please do not give statements to anyone — including insurance agents — without first speaking to your lawyer. Why? Because anything you say will be misconstrued and used against you. Furthermore, it is imperative that you not accept any form of settlement, monetary or otherwise.
No matter how convincing they may sound, these men and women are not your ally. Insurance companies exist to make profits for their shareholders. What is best for them is to pay as little as possible. You can prevent this from happening by politely but firmly telling them you have retained a personal injury attorney and that you cannot speak to them.
To better understand your options after being injured in hoist-related accident, speak with an experienced personal injury attorney today. Call 1-800-966-4999.
Workers’ rights on NYC construction sites
Did you know: Construction workers have special rights and protections offered to them by the law — especially in NYC!
- Pursuant to New York’s labor laws, building owners and contractors are responsible for providing “safe working conditions and safe places to work,” (New York State Department of Labor: § 23-1.3).
- Furthermore, NYC construction workers must be provided with sufficient safety devices to perform their jobs, including, but not limited to, work materials and a controlled working environment.
- Failure to comply on any level, and the responsible party is liable for the construction worker’s sustained losses and harms.
So, what does this mean? Essentially, if you are injured in a construction-related accident in New York, if the accident is in any way due to the building owners’, contractors’, or your employers’ failure to provide a safe work environment, they are at fault and you may be legally entitled to compensation.
Finding the attorney that’s right for YOU
However unique your case, you will want someone who specializes in construction-related injuries, has a proven track record of success in the New York City courts, and who will fight for you every step of the way. In short: You will want the best personal injury representation available.
For more than thirty-five years, Schwartzapfel Lawyers has successfully helped thousands of clients get the money and benefits they are entitled to. We are proud of our hundreds of 5-star Google Reviews and 99% client satisfaction record. Moreover, we have every incentive to get you the largest settlement or verdict possible — as quickly as possible — because if we don’t win your case you owe us nothing.
So if you or a loved one has suffered an injury as a result of a building collapse on a construction site in NYC, take action today and
call us now at 1-800-966-4999.