Elevator Accidents on New York Construction Sites

New York construction sites rely on several types of elevators to transport materials and workers across high-rise and multi-level buildings.

Types of Elevators Used on New York Construction Sites

The most common include temporary hoists, personnel/material elevators, and permanent elevators under construction.

Construction Hoists (Man-Lifts)

These temporary elevators transport workers and materials along the exterior of high-rise structures. They are cage-like, run on a vertical mast, and may be powered by hydraulic or electric motors.

Material Hoists

Separate from man-lifts, these hoists are designed strictly for heavy equipment and supplies. Improper use, such as transporting workers can result in severe accidents.

Permanent Building Elevators Under Construction

These are elevators eventually intended for the finished building. If operational during construction, any malfunction due to incomplete safety systems or premature use can cause injury.

Hydraulic Elevators

Used in low-rise buildings or shorter projects, hydraulic elevators may pose hazards during maintenance, oil leakage, or piston failure.

Causes of Elevator Accidents on New York Construction Sites

Elevator accidents on New York construction sites are usually the result of complex interactions between human error, mechanical failure, and regulatory non-compliance. Some of the leading causes include:

Improper Installation

Elevator systems are highly complex, requiring precise mechanical and electrical assembly. On New York construction sites, rushed schedules or unqualified subcontractors can lead to critical installation errors. If key components like limit switches, control systems, or hydraulic pumps are improperly configured, the result can be sudden and dangerous elevator drops, uncontrolled movement between floors, or even total elevator shaft collapse. These failures may occur during early use before full building commissioning.

Overloading

Construction elevators are frequently used to move heavy materials, tools, and equipment. However, every elevator has a specific weight capacity based on its design and mechanical tolerances. Exceeding these limits places enormous strain on support cables, motors, and braking systems. Overloaded elevators can suffer mechanical failure, snapped hoisting cables, or cause platform buckling and collapse, which puts workers inside or nearby at risk of being crushed or thrown from the cab.

Lack of Maintenance

Construction elevators endure constant use under harsh conditions. Without routine inspections and maintenance, critical systems may deteriorate. Worn-out cables can fray and snap under load; malfunctioning doors may trap workers or fail to close properly; and faulty braking systems may not stop the elevator in time, leading to overshoots or crashes. The absence of a rigorous maintenance schedule dramatically increases accident risk.

Open Shafts and Missing Fall Protection

Uncovered elevator shafts are among the most lethal hazards on a construction site. Workers can fall multiple stories if proper barriers, guardrails, or warning signage are missing. Such accidents are common during early-stage construction when safety systems are incomplete or disregarded.

Electrical Malfunctions

Elevators require substantial electrical infrastructure. Faulty or exposed wiring, improper grounding, or moisture intrusion can cause electrical shorts, sparks, or fires. These malfunctions not only pose an electrocution risk but can also disable safety systems.

Improper Use

When construction workers use elevator systems for unintended purposes, such as transporting personnel on freight-only hoists, they may be bypassing crucial safety features. Using equipment outside manufacturer specifications increases the likelihood of breakdowns and serious injuries.

Types of Injuries Construction Workers May Suffer in New York Elevator Accidents

Elevator accidents at construction sites can result in devastating or permanent injuries. Common injuries include:

Traumatic brain injuries: Falls into shafts or violent stops can cause severe head trauma, leading to permanent cognitive impairment or death.
Spinal cord injuries: Crashes, sudden stops, or falls from elevator platforms can fracture vertebrae or sever the spinal cord, resulting in paralysis.
Multiple fractures: Workers who fall down elevator shafts may suffer compound or comminuted fractures that require extensive surgery and rehabilitation.
Amputations and crush injuries: Entrapment between moving parts, walls, or collapsed cab structures can result in limb loss or catastrophic tissue damage.
Internal organ damage: The force of elevator crashes can rupture internal organs, causing internal bleeding and potential death if not treated immediately.
Burns and electrocution injuries: Faulty elevator wiring or contact with exposed high-voltage components can lead to serious electrical burns.

The confined space of an elevator shaft and the force of machinery amplify the trauma associated with accidents. Victims may require extensive surgeries, rehabilitation, and may suffer from long-term or permanent disability.

OSHA Regulations to Prevent Elevator Accidents in New York

The Occupational Safety and Health Administration (OSHA) outlines comprehensive safety regulations aimed at preventing elevator-related accidents during construction:

29 CFR 1926.552 (Material Hoists, Personnel Hoists, and Elevators): This regulation outlines the construction, inspection, and operation of hoists. Hoists must be enclosed with gates and equipped with safety devices like emergency brakes.
Frequent inspections: OSHA mandates that hoists and elevators be inspected before each shift and after any major alteration. Employers must document inspections and immediately take unsafe elevators out of service.
Fall protection: OSHA requires guardrails, toeboards, and full enclosure of hoistways to prevent worker falls.
Proper loading protocols: Elevators must not be overloaded beyond their rated capacity. Clear signs must be posted inside and outside indicating load limits.
Qualified operators only: Only trained and certified personnel may operate construction elevators or hoists.
Emergency procedures: OSHA requires employers to train workers on emergency response protocols in the event of entrapment, fire, or mechanical failure.

Non-compliance with these regulations not only endangers workers but can also lead to significant fines and legal consequences for contractors and developers.

Potential Liable Parties in Elevator Accidents Involving New York Construction Workers

Determining liability in elevator accidents involves a thorough examination of who had control over the elevator, the job site, and the safety protocols in place. Potentially liable parties include:

General contractors: As site overseers, they are responsible for ensuring all elevator systems comply with OSHA, NYC Building Code, and industry safety standards. Negligence in supervision or training may expose them to liability.
Subcontractors or elevator installers: Faulty installation, unqualified workers, or failure to follow manufacturer protocols can make them liable for injuries.
Elevator manufacturers: If a design flaw, mechanical defect, or manufacturing error caused the accident, the manufacturer may be liable under product liability laws.
Property owners or developers: Owners who exercise control over day-to-day construction or who fail to provide a safe environment may also bear responsibility under New York’s Labor Law § 240 (Scaffold Law) or § 241.
Maintenance contractors: Companies responsible for maintaining elevator systems may be liable for lapses in inspection, faulty repairs, or failure to report hazards.
Third-party safety inspectors: If an independent inspector failed to detect or report hazards that led to the accident, they may share in the liability.

How Our New York City Construction Accident Lawyer Michael S. Lamonsoff “The Bull” Will Prove Liability in a Civil Lawsuit

Proving liability in a complex elevator accident requires a proactive approach to collecting evidence. Michael S. Lamonsoff and his legal team leverage decades of investigative experience to uncover all contributing factors. Critical evidence includes:

Accident scene photographs and video surveillance: These visuals help establish unsafe conditions, such as missing barriers, open shafts, or poor lighting.
Maintenance logs and service records: If the elevator had not been regularly maintained, logs or lack thereof may reveal negligence.
Manufacturer specifications and installation manuals: Comparing these against the actual setup can expose deviations or failures during installation.
Inspection reports: OSHA and NYC Department of Buildings inspection records can show whether violations were noted and if corrective action was ignored.
Eyewitness statements: Workers, forepersons, or bystanders can provide critical details about elevator performance and safety lapses.
Medical records and injury reports: These documents are vital in proving the extent of injuries and linking them directly to the elevator accident.
Construction logs and safety meeting records: These may show whether elevator safety was discussed, whether workers were warned of hazards, or if supervisors failed to act.
Expert witness testimony: Engineering experts, elevator system consultants, or safety professionals may testify to technical errors, design flaws, or regulatory violations that caused the incident.

Frequently Asked QuestionsElevator Accidents

Can I sue if I was injured in an elevator accident caused by a faulty hoist on a construction site?

Yes, if a defective hoist contributed to your injuries, you may have grounds to pursue a third-party personal injury lawsuit. While workers’ compensation typically covers on-the-job injuries, it does not prevent you from suing a negligent third party, such as the elevator manufacturer, installer, or maintenance company. In New York, Labor Law §§ 240 and 241 may also apply if safety equipment failed or if proper protections weren’t provided.

What if I was partially at fault for misusing the elevator?

New York follows a pure comparative negligence system, meaning you can still recover compensation even if you were partly at fault. Your total compensation would be reduced in proportion to your percentage of fault. For instance, if you were found 30% responsible and the damages amounted to $1 million, you could still recover $700,000. This legal doctrine allows injured workers to pursue claims even when they made mistakes during the incident.

Can I bring a wrongful death claim if my loved one died in an elevator shaft fall?

Yes. New York law allows certain surviving family members, such as spouses, children, or parents to file a wrongful death lawsuit if a construction worker dies due to negligence or safety violations involving elevator equipment. This claim may seek compensation for loss of financial support, funeral expenses, loss of companionship, and more. Our legal team works closely with grieving families to ensure their rights are fully protected.

Are undocumented construction workers in New York allowed to file a lawsuit after an elevator accident?

Yes. Your immigration status does not bar you from filing a personal injury or wrongful death claim in New York. Courts have consistently ruled that undocumented workers are entitled to the same workplace protections and legal remedies as any other employee. You should not fear retaliation or deportation for seeking justice after a serious injury.

Choose the Leading NYC Construction Accident Lawyer to Recover Maximum Compensation

Attorney Michael S. Lamonsoff, known as "The Bull" for his aggressive litigation style and a no-hold-barred approach, is prepared to take on powerful elevator companies, construction contractors, and large insurers on your behalf. From the moment you sign up with us, our investigative team will move fast to find critical evidence and build a compelling case for financial compensation.

We have a proven record of recovering multi-million dollar damages for injured construction workers and their families. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.

Member of:

Board of Directors of NY State Trial Lawyers Association
American Association for Justice
NY County Lawyers Association

Educated at:

University of Arizona
Benjamin N. Cordozo School of Law
Double post-masters degrees in psychology at Columbia University

Awards:

6X Super Lawyers Panel
Million Dollar and Multi Million Dollar Advocates Forum