New York City Construction Elevator And Hoist Accident Lawyer

Construction elevators, personnel hoists, material lifts, and temporary elevator systems move workers and heavy materials through active jobsites. When these systems are improperly installed, overloaded, poorly maintained, or operated without adequate safety precautions, workers can suffer catastrophic injuries.

A construction elevator accident may also involve an open shaft, defective gate, failed braking system, falling material, unstable platform, or crushing hazard. Because several contractors and equipment companies may be involved, responsibility is not always limited to the injured worker’s employer.

An injured worker may be entitled to workers’ compensation benefits and may also have a separate lawsuit against a property owner, general contractor, construction manager, subcontractor, equipment company, maintenance contractor, or manufacturer.

To discuss a construction elevator or hoist accident, call (212) 970-6500 or contact The Dearie Law Firm for a free consultation.

Construction Elevator And Hoist Cases We Handle

The Dearie Law Firm represents workers injured in accidents involving:

• Temporary construction elevators
• Personnel hoists and buck hoists
• Material hoists and material lifts
• Elevator shafts and unprotected openings
• Defective elevator gates and doors
• Failed interlocks, brakes, cables, or controls
• Hoist platforms that collapse, shift, or separate
• Workers crushed between a lift and a wall, floor, or landing
• Workers struck by materials falling from a hoist
• Overloaded or improperly balanced platforms
• Improperly erected or dismantled hoist systems
• Elevators that move unexpectedly
• Falls while entering or exiting a hoist
• Missing guardrails, gates, covers, or barricades
• Improper signaling or communication between operators and workers
• Defective equipment and component failures
• Inadequate inspection, maintenance, or repair

These accidents can happen during construction, demolition, renovation, excavation, exterior building work, and other covered jobsite activities.

Common Causes Of Construction Elevator And Hoist Accidents

Construction elevator accidents frequently involve more than a single mistake. An investigation may reveal failures by several companies responsible for equipment, site safety, supervision, or coordination.

Potential causes include:

• Improper installation or assembly
• Failure to follow the manufacturer’s instructions
• Inadequate anchoring or bracing
• Excessive weight or uneven loading
• Defective brakes, cables, motors, or controls
• Missing or malfunctioning gates and interlocks
• Failure to inspect the equipment
• Inadequate maintenance or repair
• Unqualified or poorly trained operators
• Workers riding on equipment not designed to carry personnel
• Materials protruding from a platform
• Poor communication between operators and workers
• Unsafe access between the hoist and landing
• Unprotected elevator shafts or floor openings
• Failure to provide guardrails, barriers, or fall protection
• Use of damaged or outdated equipment
• Pressure to continue operating unsafe machinery

The equipment involved should be preserved and inspected before it is repaired, altered, removed, or returned to service.

Elevator-Shaft And Floor-Opening Falls

Elevator shafts present a severe fall hazard during construction. A worker can fall through an opening when a temporary barrier is missing, a cover is not secured, a gate is left open, or lighting is inadequate.

Shaft accidents may also occur when a worker:

• Steps backward into an opening
• Falls while carrying tools or materials
• Leans against an inadequate barricade
• Uses an unfinished landing
• Works near a shaft without proper fall protection
• Falls from a ladder, scaffold, platform, or temporary work surface
• Is struck by equipment or material and pushed into the opening

Read more about floor-hole accidents on construction sites and construction fall claims in New York.

Workers’ Compensation And Third-Party Lawsuits

Workers’ Compensation Benefits

Most employees injured while performing their jobs may seek New York workers’ compensation benefits.

These benefits may pay for authorized medical treatment and replace part of the wages lost because of the injury. Workers should report an accident promptly and obtain medical care as soon as possible.

Workers’ compensation usually prevents an employee from suing the direct employer for ordinary negligence. It does not necessarily prevent a lawsuit against other companies involved in the project.

Third-Party Construction Accident Lawsuits

A separate lawsuit may be available against a party other than the injured worker’s direct employer.

Potential defendants may include:

• The property owner
• The general contractor
• The construction manager
• A subcontractor
• The elevator or hoist contractor
• The company that installed the equipment
• A maintenance or repair company
• The equipment owner or lessor
• A delivery or logistics company
• The manufacturer of a defective component
• A public authority or government entity responsible for the project

A third-party claim may provide compensation for losses not fully covered by workers’ compensation, including pain and suffering, diminished earning capacity, and the long-term effect of the injuries.

Read more about third-party liability after a New York construction accident.

New York Labor Laws That May Apply

New York Labor Law § 240

New York Labor Law § 240 may apply when a worker is injured because adequate protection was not provided against an elevation-related risk.

The law specifically addresses safety devices such as hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, ropes, and other equipment intended to protect workers performing covered work.

Potential Section 240 cases may involve:

• A worker falling into an elevator shaft
• A hoist platform collapsing or shifting
• A worker falling while entering or leaving a temporary elevator
• Materials falling while being raised or lowered
• A safety device that fails to provide proper protection
• A heavy object falling because it was not adequately secured

Section 240 does not apply automatically to every elevator, hoist, or shaft accident. The worker’s task, the type of elevation risk, the devices provided, and the cause of the accident must be examined carefully.

New York Labor Law § 241(6)

New York Labor Law § 241 requires owners and contractors to comply with applicable safety rules governing construction, excavation, and demolition work.

A Section 241(6) claim generally depends on identifying a sufficiently specific Industrial Code provision that applies to the accident.

Depending on the circumstances, relevant regulations may address:

• Material and personnel hoists
• Elevator shafts and floor openings
• Guardrails and barriers
• Platforms and landings
• Hoisting equipment
• Material handling
• Electrical systems
• Inspection and maintenance
• Safe access and passageways
• Personal protective equipment

New York Labor Law § 200

New York Labor Law § 200 reflects the general duty to provide workers with a reasonably safe place to work.

A Section 200 or negligence claim may depend on whether an owner or contractor created or knew about a dangerous condition, or exercised authority over the work that caused the accident.

Who May Be Responsible For The Accident?

Construction projects often involve numerous companies with overlapping responsibilities.

Responsibility may depend on:

• Who owned the property
• Who served as general contractor or construction manager
• Who selected the elevator or hoist
• Who installed and tested the system
• Who operated the equipment
• Who inspected and maintained it
• Who controlled access to the shaft or landing
• Who had authority to stop unsafe work
• Who received prior complaints
• Whether equipment was defective
• Whether required safety devices were missing or inadequate

Contracts, daily reports, inspection records, maintenance logs, safety meeting records, permits, photographs, surveillance footage, and witness testimony may help establish which parties were responsible.

What To Do After A Construction Elevator Or Hoist Accident

Get Medical Care

Seek emergency treatment or see a doctor immediately. Explain exactly how the accident occurred and identify every injured part of your body.

Some injuries become more serious after the initial shock wears off. Follow all medical recommendations and attend scheduled appointments.

Report The Accident

Report the incident to your employer, foreman, supervisor, or union representative. Request that an accurate incident report be created.

Do not sign a report that incorrectly describes what happened.

Photograph The Scene

When possible, photograph or record:

• The elevator, hoist, platform, or lift
• The shaft or floor opening
• Gates, doors, interlocks, cables, and controls
• The landing and access point
• Missing barriers or guardrails
• Warning labels and equipment identification
• Materials being transported
• Damage to the equipment
• The surrounding work area
• Your clothing and safety equipment

Identify Witnesses

Obtain the names, telephone numbers, employers, and trades of anyone who saw the accident or knew about the dangerous condition.

Workers may leave the project or be reassigned shortly after an accident.

Preserve Equipment And Records

Do not discard damaged clothing, tools, hard hats, harnesses, lanyards, or other personal equipment.

Important records may include:

• Incident reports
• Inspection logs
• Repair and maintenance records
• Operator certifications
• Daily construction logs
• Safety meeting records
• Text messages and emails
• Photographs and videos
• Medical records
• Pay records
• Union records
• Contracts and subcontractor agreements

Be Careful With Insurance Representatives

An insurance company may request a recorded statement or broad medical authorization soon after the accident.

Do not guess, minimize your injuries, accept blame, or sign documents you do not understand. Speak with a lawyer before giving a detailed statement to a company investigating a potential claim against its insured.

Common Construction Elevator Accident Injuries

Elevator, hoist, and shaft accidents may cause:

• Traumatic brain injuries
• Spinal cord injuries and paralysis
• Serious neck and back injuries
• Fractures
• Shoulder, knee, and joint injuries
• Crush injuries
• Nerve damage
• Internal injuries
• Amputations
• Electrical injuries
• Burns
• Scarring and disfigurement
• Psychological trauma
• Fatal injuries and wrongful death

A serious injury may prevent a worker from returning to the same trade or performing physical work.

Compensation Available After An Elevator Or Hoist Accident

The compensation available depends on the type of claim, the responsible parties, the injuries, and the long-term consequences of the accident.

A construction accident lawsuit may seek compensation for:

• Past and future pain and suffering
• Past and future lost earnings
• Reduced earning capacity
• Medical and rehabilitation expenses
• Future surgery and treatment
• Assistive care and medical equipment
• Home modifications
• Scarring and disfigurement
• Loss of enjoyment of life
• A spouse’s loss of services or consortium
• Wrongful death damages when a worker is killed

Workers’ compensation and third-party claims must be coordinated because the workers’ compensation carrier may have lien or reimbursement rights.

How Our Construction Accident Lawyers Investigate A Case

Our investigation may include:

• Inspecting and photographing the accident location
• Identifying every contractor and equipment company involved
• Preserving the elevator, hoist, lift, or defective component
• Obtaining maintenance and inspection records
• Reviewing construction contracts
• Examining daily logs and safety records
• Interviewing operators, coworkers, supervisors, and witnesses
• Obtaining surveillance footage and electronic records
• Reviewing Department of Buildings, OSHA, and Industrial Code requirements
• Consulting engineers, elevator professionals, safety experts, medical experts, vocational experts, and economists when appropriate
• Documenting the effect of the injuries on the worker’s employment, health, and family

We investigate every potentially responsible party rather than accepting the first explanation given by an employer or insurance company.

Frequently Asked Questions About Construction Elevator Accidents

Can I Sue My Employer?

Usually, workers’ compensation is the exclusive remedy against a direct employer for ordinary negligence.

A worker may still have a lawsuit against an owner, general contractor, construction manager, elevator company, maintenance company, manufacturer, or another responsible third party.

Can I Receive Workers’ Compensation And File A Lawsuit?

Often, yes. An injured worker may receive workers’ compensation benefits and pursue a separate lawsuit against a responsible third party.

The claims must be coordinated carefully.

Does Labor Law § 240 Apply To An Elevator-Shaft Fall?

It may. Section 240 can apply to certain elevation-related hazards when proper protection was not provided during covered work.

The result depends on the work being performed, the safety devices required, the devices actually provided, and how the accident occurred.

What If The Elevator Or Hoist Was Defective?

A defective design, component, control system, brake, cable, gate, or interlock may support a claim against a manufacturer, distributor, equipment owner, installer, or maintenance company.

The equipment should be preserved before it is repaired or destroyed.

What If I Was Accused Of Causing The Accident?

Do not assume that an accusation ends your case.

The legal effect of a worker’s conduct depends on the type of claim and the evidence. Defendants may raise comparative-negligence arguments or contend that a worker was the sole cause of an accident. Those defenses require careful factual and legal analysis.

How Long Do I Have To File A Claim?

Different deadlines apply to workers’ compensation claims, personal injury lawsuits, wrongful death cases, and matters involving government entities.

A public-project case may involve a short Notice of Claim deadline. Contact a lawyer immediately so the correct parties and deadlines can be identified.

Speak With A New York City Construction Elevator Accident Lawyer

Construction elevator and hoist accidents often involve severe injuries, changing jobsite conditions, multiple contractors, and equipment that may quickly be repaired or removed.

The Dearie Law Firm investigates the equipment, worksite, contracts, safety records, and companies responsible for the project. We pursue the workers’ compensation and third-party benefits available under New York law.

Call (212) 970-6500 or contact The Dearie Law Firm for a free consultation.

Para información en español, visite nuestro sitio de abogados de accidentes de construcción en Nueva York.