Construction Hoist Accident Attorneys in NYC

If you were injured in a hoist accident in New York City, you should know that New York law provides specific, powerful protections for workers facing gravity-related dangers. These laws recognize the inherent risks of construction work and place the responsibility for safety squarely on the shoulders of owners and contractors.

At The Perecman Firm, we have been handling these specific and demanding cases for four decades. We understand that you need to focus on recovery, not on deciphering legal codes.

Let us handle the legal complexities. If a hoist accident has upended your life, call The Perecman Firm at (212) 977-7033 for a free, confidential discussion about your rights.

Why Choose The Perecman Firm for Your Hoist Accident Case?

For over 40 years, The Perecman Firm has been a steadfast advocate for injured workers across New York City and Long Island. Our track record speaks for itself: we have secured more than half a billion dollars for our clients, with a large portion of that coming from challenging construction accident claims.

Here is what you should expect from us:

Personalized Attention: Your case is not just another file. It will be managed by our dedicated team, and you will have a direct line to the attorneys working to get you justice. Our NYC office is located at 250 West 57th Street #401 in Midtown Manhattan.

A Free Case Review: We will assess the facts of your accident at no charge and explain your legal avenues in straightforward terms.

A No-Win, No-Fee Promise: You owe us nothing unless we win your case. Our fee is a percentage of the compensation we secure for you, aligning our success directly with yours.

Know Your Rights: New York’s Special Protections for Construction Workers

If you’re a worker, your first encounter after a hoist accident will be with the workers' compensation system. 

How Workers’ Compensation Interacts with Lawsuits After a Construction Hoist Accident

You Can Receive Workers' Comp and Still Sue

If you were injured in a construction hoist accident, you are likely already receiving workers’ compensation benefits. These benefits cover basic medical costs and partial wage replacement, but they don’t account for the full extent of your losses—especially pain and suffering.

Understanding the difference between workers' comp and a personal injury lawsuit is crucial. In New York, receiving workers’ comp does not prevent you from filing a separate personal injury lawsuit. This is because New York law allows workers to sue third parties who were responsible for the accident (more on this later on).

Why File a Lawsuit If You Already Have Workers’ Comp?

Workers' compensation:

• Covers medical treatment
• Pays roughly two-thirds of your lost wages (up to a cap)
• Does not cover non-economic damages like pain and suffering, loss of enjoyment of life, or disfigurement

A third-party lawsuit:

• Can recover full lost wages
• Can pursue pain and suffering
• Can claim future medical care, disability, and in rare cases, punitive damages

For severe injuries—like those caused by a hoist collapse—workers’ comp alone is usually insufficient.

Will I Have to Pay Back Workers’ Comp if I Win a Lawsuit?

Yes, in most cases. If you receive a third-party settlement or verdict, the workers’ compensation insurer has a legal right to be reimbursed for the benefits they paid you. This is called a comp lien.

However, your attorney can try to negotiate this amount down or use exemptions under New York law (such as §29(1) of the Workers’ Compensation Law) to reduce how much must be paid back.

Your Specific Rights Under the Law

New York Labor Law § 240(1) (The "Scaffold Law")

This is one of the most powerful laws on the books for construction workers. It applies directly to gravity-related accidents, like a fall from a hoist or being struck by falling objects.

The law places "absolute liability" on property owners and general contractors. This means they have a non-negotiable duty to provide proper safety equipment for any work performed at a height. If a hoist or its safety features fail and you are hurt, the owner and contractor are held responsible. The law is so strong that even if you were partially at fault, it likely doesn't matter as the responsibility still remains with them.

New York Labor Law § 241(6)

This law mandates that owners and contractors follow the specific safety regulations detailed in the New York State Industrial Code.

If your accident resulted from a violation of a specific rule, like a regulation concerning hoist inspection, maintenance, or operation, the owner and contractor may be held liable. This is a "non-delegable duty," which means they cannot shift the blame to a subcontractor or anyone else.

New York Labor Law § 200 and Common-Law Negligence

This statute establishes a general duty for owners and contractors to provide a reasonably safe work environment.

This law comes into play when an owner or contractor had authority over the work area and either knew or should have known about the hazardous condition that led to the hoist accident.

Where Do Hoist Accidents Happen in NYC?

With a constant flurry of construction across the five boroughs, the potential for accidents is an everyday reality. Historically, Manhattan and Brooklyn are the epicenters for construction-related incidents in the city.

Statistical Hotspots and Trends

According to the latest data from the NYC Department of Buildings (DOB), there were 638 construction-related incidents and 482 injuries in a recent year. While this represents a significant decrease from the previous year, seven workers still lost their lives, matching the ten-year low from another recent year. Falls from height continue to be the primary cause of death on New York job sites, and equipment failures, including hoist malfunctions, are a major source of serious injuries.

Common Locations for Hoist Accidents

• High-Rise Construction (Manhattan, Downtown Brooklyn, Long Island City): The dizzying heights of these projects mean that a hoist failure will likely have catastrophic results.
• Major Infrastructure Projects (Roadways, Bridges, Transit): Hoists are the workhorses for moving materials and people on these massive jobs, and any malfunction brings work to a halt and causes severe harm.
• Demolition Sites: The inherent instability of a demolition site places immense strain on hoisting equipment, increasing the risk of failure.
• Suburban Development (Nassau and Suffolk Counties): Continued growth means more mid-rise residential and commercial projects that rely heavily on hoists and other machinery.

Who Can Be Held Responsible for a Hoist Accident?

Figuring out who is at fault is not always straightforward. A hoist accident can trigger a chain reaction of liability, and multiple parties may be held accountable for your injuries. Our job is to investigate every link in that chain. Potential defendants include:

• Property Owners and General Contractors: Under New York's Labor Laws, these parties have a primary, non-delegable duty to ensure a safe site.
• Subcontractors: Other companies on the site may have contributed to the unsafe conditions that caused the hoist to fail.
• Equipment Manufacturers: If the hoist or one of its components was defective in its design or construction, the manufacturer could be held liable through a product liability claim.
• Maintenance and Inspection Companies: The companies hired to service and certify the hoist have a duty to perform their work correctly. A failure to do so that results in an accident is a clear form of negligence.

Common Causes of Construction Hoist Accidents

Hoist accidents are almost always preventable. We consistently see these incidents stemming from:

• Mechanical Failure: This includes worn-out cables that snap, failing brakes, or gearbox malfunctions that cause a sudden drop.
• Improper Installation or Maintenance: Hoists are complex machines that must be assembled and inspected with precision. A single missed step or a skipped inspection could lead to a complete system failure.
• Overloading: Every hoist has a clearly stated weight limit. Exceeding it puts an impossible strain on every component, from the motor to the cables.
• Operator Error: A lack of proper training can turn a powerful tool into a dangerous weapon, leading to jerky movements, sudden stops, or other operational mistakes.
• Electrical Malfunctions: Faulty wiring or an unstable power supply could cause a hoist to behave erratically, stopping between floors or dropping without warning.
• Lack of Safety Devices: Missing or defective guardrails, broken gates, or non-functioning emergency stop buttons remove the built-in layers of protection.
• Wire Rope Failure: The steel wire rope is the hoist's lifeline. If it becomes corroded, frayed, or fatigued, it is prone to snapping under load.

What to Do Immediately After a Hoist Accident

While your first priority is always your well-being, try to take these actions if possible:

1. Report the Incident: Tell your supervisor or foreman what happened immediately. This creates an official record of the accident, which is a foundational piece of evidence.
2. Seek Medical Attention: Even if you feel you are able to walk it off, get a thorough medical evaluation. Some serious injuries, like internal damage or head trauma, may not show immediate symptoms. Adrenaline masks pain.
3. Document the Scene: If you are able, use your phone to take pictures and videos of everything: the hoist, any visible damage, the surrounding area, and your injuries. These images become a rough draft of the truth.
4. Identify Witnesses: Get the names and contact information of anyone who saw what happened. 
5. Preserve Evidence: Do not wash the clothes you were wearing. Keep any equipment or personal items that were damaged. 
6. Do Not Give a Recorded Statement: The at-fault party's insurance company will likely call you. You are not obligated to give them a recorded statement. Their job is to find reasons to deny or devalue your claim. Politely decline and refer them to your attorney.

Frequently Asked Questions About NYC Hoist Accidents

Secure Your Future with The Perecman Firm

The laws created to protect New York construction workers are powerful, but they don’t enforce themselves. The Perecman Firm exists to make sure your rights are fully protected.

If you were injured or a loved one was killed in a construction hoist accident, do not let another day pass. Contact our personal injury attorneys at The Perecman Firm today for a free, no-obligation consultation. 

Call us at (212) 977-7033.