On construction sites with more than one floor, lifting workers and materials is impossible without construction hoists. But when they collapse or malfunction, terrible things can happen. A lot of the time, victims get serious injuries, like broken bones or spinal damage, or they even die. There are many parties and technicalities involved in these situations, so getting legal guidance from the start is very important.
In New York, hoists are used a lot on high-rise projects, where safety rules are strict but often overlooked. Every day, hoists are used on job sites in Manhattan, Queens, and Brooklyn, increasing the risk when they fail. A New York City hoist accident lawyer at The Perecman Firm can help you understand your rights and legal options. This article discusses why you need a lawyer after a construction hoist collapses or malfunctions.
You May Not Know Who’s Legally Responsible
When a hoist collapses, more than one person is usually to blame. It could be the company that made the tools, a subcontractor, or even the owner of the building. All of these parties may say they’re not at fault, which will delay your compensation. A lawyer will look into what happened, gather evidence, and figure out who is responsible.
They know what kind of evidence is needed to prove negligence. The evidence includes worker statements, inspection logs, and maintenance records. You need to get this evidence quickly before it gets lost or destroyed.
They Handle All the Paperwork and Deadlines
When someone is injured due to a hoist accident, they have a short amount of time to file a claim. In New York, you have three years from the date of the accident to file a personal injury claim. Some deadlines, like the notice of claim for public entities, may be shorter, though. If you miss any, you won’t be able to get compensation.
Lawyers handle the paperwork, so you can focus on getting better. They will file claims, talk to insurance companies, and keep track of all due dates. This is very helpful when you have to go to the hospital or have physical therapy.
You Might Be Entitled to More Than Workers’ Compensation
Not everything is covered by workers’ compensation. It doesn’t generally cover pain and suffering, and the amounts that can be paid out are limited. If someone else was at fault, like the company that made the hoist, you might have a stronger personal injury case.
A lawyer will look into every claim that might be made. They might find that the collapse was caused by safety violations or maintenance that wasn’t done. That opens the door for higher compensation through a lawsuit.
They Can Fight Back Against Low Insurance Offers
Most of the time, insurance companies try to settle quickly and easily. They could say the accident was your fault or give less than your claim is worth. You might agree to a deal that doesn’t fully compensate you for your losses if you don’t have a lawyer.
A lawyer will fight back with real numbers. They will estimate your damages, such as long-term care or missed work. They will also fight for emotional trauma and pain and suffering, which is something that insurance adjusters often ignore.
