I was a roofer working on a job site. A hoist lifting up material had suddenly given way and and the building material struck me. I seriously injured my arm, shoulder and leg. What are my claims?
Injured by a Hoist on a Construction Site? Your Legal Options Under New York Labor Law
Material hoists move heavy loads — steel beams, brick pallets, bundles of panels — up and down a job site all day. accidents can cause fractures, spinal injuries, traumatic brain injury, or worse. For example, a construction worker injured by a defective hoist faces serious risks on the job site.
First: Notify Your Employer and File for Workers’ Compensation
Your first obligation is to notify your employer within 30 days of the accident. This starts the process for Workers’ Compensation benefits, which cover medical expenses and a portion of lost wages regardless of fault. You have up to two years to file a claim with the Workers’ Compensation Board.
Workers’ Compensation is a no-fault system — it pays even if you were partially responsible for the accident. Workers’ Compensation provides no recovery for pain and suffering. The Compensation system caps wage replacement benefits below what a worker actually earns on the job.
Second: A Claim for Pain and Suffering Under Labor Law
Workers’ Compensation is not your only option. A general contractor, property owner, or their agent bears responsibility for the unsafe condition that caused your injury. You also have a personal injury claim against them under New York Labor Law. This claim is separate from, and in addition to, your Workers’ Compensation claim. This is the only way an injured worker can recover for pain and suffering, since Workers’ Compensation does not provide it. A construction worker injured by a defective hoist may have a third-party claim depending on the circumstances.
Labor Law § 240(1) — The “Scaffold Law”
Owners and general contractors are absolutely liable under New York Labor Law 240(1) to trades people for gravity-related risks. A hoisting accident often fits squarely within this category. For example, if a load falls from a hoist on a worker, this is exactly the kind of gravity-related risk § 240(1) was written to address. We have covered how § 240(1) works in more detail in an earlier post. For a construction worker injured by a defective hoist, this law is very important to understand.
Labor Law § 241(6) — Industrial Code Violations
Section 241(6) is a separate path to liability. An owner or general contractor is liable to an injured worker when the accident results from a violation of a specific, concrete provision of the New York Industrial Code (12 NYCRR Part 23) — not just a general safety standard. Provisions requiring equipment to be operated “in a safe manner” are too general to support a § 241(6) claim. The provision has to set a concrete, specific standard.
Several Industrial Code sections are specific enough to support a § 241(6) claim:
- 12 NYCRR 23-6.1(d) (loading of material hoisting equipment) supports claims where a worker was injured while hoisting an elevator cable by hand. Hayden v 845 UN Ltd. Partnership, 304 AD2d 499 (1st Dept 2003).
- 12 NYCRR 23-6.1(h) (tag lines) requires that loads with a tendency to swing or turn freely during hoisting be controlled by tag lines. Naughton v New York, 94 AD3d 1 (1st Dept 2012).
- 12 NYCRR 23-6.1(j)(1) (hoisting machine brakes) requires manual hoists to be equipped with an effective pawl and ratchet. Mattison v Wilmot, 228 AD2d 991 (3d Dept 1996).
- 12 NYCRR 23-6.2(a) (hoisting rope standards) has supported a claim where a worker was struck by heavy wire after the rope pulling it broke. Rought v Price Chopper Operating Co., Inc., 73 AD3d 1414 (3d Dept 2010).
- 12 NYCRR 23-6.2(c) (pulley blocks and fittings) requires that pulley blocks and similar devices be securely fastened or used with safety hooks. Augello v 20166 Tenants Corp., 251 AD2d 44 (1st Dept 1998).
Not every provision touching hoisting equipment will support a claim. General requirements provisions like 23-6.1(a), (b), and (c) have repeatedly been found too general on their own. That’s why identifying which specific Industrial Code section applies to the facts of a given accident matters. In sum, if a construction worker injured by a defective hoist seeks recovery, referencing the correct Industrial Code section is essential.
What This Means for You
If you were injured by a hoist, a swinging load, a snapped rope, or falling material on a construction site, you have a Workers’ Compensation claim, a § 240(1) claim, and a § 241(6) claim arising from the same accident. Sorting out which apply — and building a case to prove them — is something an experienced construction accident attorney should evaluate early. Therefore, a construction worker injured by a defective hoist should consult counsel as soon as possible to protect all available legal rights.
By James Santner, Esq.
Minchew & Santner, LLP represents injured workers throughout New York and New Jersey. Contact us for a free consultation. There is no fee unless we recover for you.