What Is a Hoist?
A hoist is a large piece of equipment used on construction sites to build tall buildings, bridges, and other structures requiring lifting materials. They are also commonly used on farms and other industries that require loads to be lifted to a great height.
How Hoist Accidents Happen
Hoist accidents often result when safety protocols are disregarded or machinery defects. Even the slightest deviation in operation or design can result in a severe accident.
Common hoist accidents are:
- Falls by workers of the hoist
- Struck-by-object accidents when the hoist or material hits a worker it is carrying
- Hoist collapses or tipping due to defects, malfunctions, or overloading
- Caught in-between accidents where a worker is caught between the hoist or load and other objects
- Electrocutions where a worker makes contact with an overhead powerline
OSHA Regulations for Hoists
Hoists require routine maintenance and should be inspected by a safety professional regularly. The Occupational Safety and Health Administration (OSHA) has regulations that mandate safety protocols for hoists.
OSHA regulation 1926.554 sets forth several requirements for overhead hoists. A safe working load must not be heavier than the weight of the hoist itself. Overhead hoists must also have free movement and should not be restricted from reaching the load. Additionally, hoist operators should stand clear.
OSHA regulation 1926.552 addresses material hoists and personnel hoists. Employers must comply with all manufacturer’s specifications for these hoists. If no manufacturer specifications are available, a professional engineer should be consulted.
Load capacities, operating speeds, and hazard warnings must be posted on cars and platforms. There are even requirements for when a rope or wire should be replaced.
If these regulations are not followed, the employer or contractor may be held liable.
Should I File a Hoist Accident Lawsuit?
You might think that your only option is workers’ compensation if you were injured on the job. However, workers’ comp won’t cover everything. It’s important to know that you have other options.
If someone other than your employer or a coworker was responsible for your injuries, you might be able to file a third-party personal injury claim.
Other parties who may be to blame are:
- A mechanic or technician
- A machine operator or driver who does not work for your employer
- A parts manufacturer
- A city or state government agency
- A safety inspector
- The property owner
- A contractor or subcontractor
More than one party may be responsible for your New York City construction accident. If that is true, it’s important to include everyone possible when you file the lawsuit. If you don’t, you may forfeit your ability to recover the maximum amount of compensation possible.
Compensation in Hoist Accident Lawsuits
If you are successful in a NYC personal injury accident claim, you can be compensated for all of your losses. Specifically, we can help you pursue the following:
- Past and future medical expenses
- Lost wages
- Loss of earning potential
- Pain and suffering
- Disability
- Disfigurement
- Emotional distress
- Mental anguish
Workers’ Compensation Claims for NYC Hoist Accidents
New York Labor Law 200 mandates that employers are required to provide “reasonable and adequate protection to the lives, health, and safety of all” employees. If your employer failed this duty, they may be responsible for your damages. However, according to New York law, you can’t sue your employer unless they don’t have workers’ comp insurance.
If you are eligible for workers’ compensation, it will pay all your medical costs and part of your lost wages. However, it will not pay for non-economic damages like pain and suffering. That’s why it’s important to consult with a NYC hoist accident lawyer who can help you decide if you’re eligible for a personal injury settlement.
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