New York Construction Accident & Safety News

Federal OSHA Laws are Broken and Need to Be Fixed:

Our federal laws for occupational safety should be amended for the legal rights and safety of workers. The New York Times points out:

“OSHA is supposed to be the primary vehicle for protecting America’s workers,” he said. “It should be possible to bring meaningful criminal charges under that federal law, and it should not be necessary to resort to state or local manslaughter charges.

“It’s not a substitute for a coordinated, effective federal program at the national level that really targets this type of misconduct.”

Joel Shufro, executive director of New York Committee for Occupational Safety and Health, a labor-backed advocacy group on worker safety, praised the indictment. “Such charges should serve as a warning to other contractors who place production in front of human life,” he said. “It is clear that construction in New York is proceeding in many cases without appropriate concerns with safety.”

When workers don’t have the necessary legal protections they need and deserve, it is indeed a tragedy. Hopefully Congress, the President, or OSHA can properly amend the situation so workers get their rights protected in court.

In the wake of building deaths, the need to hire a new commissioner has given rise to a healthy debate over the qualifications for the Building Commissioner for New York City. The New York Times reports:

As the city struggles to keep pace with a building boom, enforce safety laws and curb fatal construction accidents, architects and engineers are fighting Mayor Michael R. Bloomberg’s effort to downgrade the qualification requirements for the city’s buildings commissioner.

The mayor, with the support of the City Council speaker, Christine C. Quinn, seeks to deepen the pool and managerial talent of candidates for the job, which has been vacant since Patricia J. Lancaster, an architect, resigned under fire last month.

To do that, Mr. Bloomberg hopes to drop the requirement in the City Charter that only a registered architect or licensed engineer can hold the post.

But the professional societies of architects and engineers, as well as the New York Building Congress, say that only a technical expert is capable of running a department with the seemingly conflicting tasks of promoting real estate development and overseeing public safety, while enforcing the city’s vast building code and complex zoning regulations.

“I’m tremendously concerned about construction site safety,” said John F. Hennessy III, chairman of the American Council of Engineering Companies, “but I’m also concerned about the long-term safety of buildings. Materials, products and building systems approved today have to last for the next 40 years.”

This seems like a good debate to be having as hiring a new Building commissioner becomes important on Michael Bloomberg’s agenda. Its certainly a difficult job which requires a delicate balancing act.

The New York Times points out:

The owner of a Brooklyn construction site where a day laborer died in March when earth and debris collapsed on him was charged with manslaughter on Wednesday. In announcing the indictment, at a time in which construction-related deaths in New York are running far ahead of last year’s pace, the authorities said that more construction-related prosecutions may be ahead.

The site owner, William Lattarulo, was warned by workers and by a consultant that a trench that had been dug on his East New York site was unstable, prosecutors said. “Essentially, his retort was, ‘Don’t worry about it,’ ” said Michael F. Vecchione, chief of the Brooklyn district attorney office’s rackets division.

The authorities said that the worker, Lauro Ortega, 30, suffocated when the tumbling dirt and debris rose to his chest, creating pressure so great that he could not breathe, even though his head remained uncovered.

The article continues:

Those accidents have directed much public scrutiny and apprehension skyward, toward towers of concrete, steel and glass and the cranes that help them reach their heights. But every day around the city, legions of workers, many of them day laborers, toil on jobs not as attention-grabbing as those done on skyscrapers, but often just as dangerous.

Surprisingly the New York Times reports:

In a 2003 investigation, The New York Times reported that from 1982 to 2002, 2,197 workers were killed on the job nationwide because employers “willfully” violated safety laws. In 93 percent of the 1,242 cases investigated by the Occupational Safety and Health Administration, the agency declined to seek prosecution.

Only 68 criminal cases have been brought nationwide under the Occupational Safety and Health Act, an average of fewer than two per year, said David M. Uhlmann, a law professor at the University of Michigan and former chief of the Justice Department’s environmental crimes section.

As the investigation into the recent crane accident in New York City continues, the legal gauntlet is coming down. New York Times highlights:

The city’s chief crane inspector was arrested on Friday and charged with taking bribes to allow cranes to pass inspection, the authorities said. He was also accused of taking money from a crane company that sought to ensure that its employees would pass the required licensing exam.

The man, James Delayo, 60, the acting chief inspector for the Cranes and Derricks Unit at the city’s Department of Buildings, oversaw the issuing of city licenses for crane operators. The case against him, announced by the Manhattan district attorney’s office and the city’s Department of Investigation, was filed just a week after the city’s second fatal crane collapse in less than three months.

The New York Times continues:

The charges against Mr. Delayo include third-degree bribe-receiving and first-degree tampering with public records, both felonies for which he could face up to seven years in prison. Among the charges was the accusation that he had provided a copy of the crane operator’s exam to a crane company, for which an official involved in the case said Mr. Delayo was paid about $3,000. The official, who spoke on the condition of anonymity because the investigation was continuing, said Mr. Delayo also provided the answers.

As the chief inspector, Mr. Delayo had responsibility for overseeing the inspection of all cranes, including tower cranes, the type that collapsed in the two recent fatal accidents.

Hopefully this will help move the New York City building department one more step away from corruption and closer to paying attention to the safety of workers.

In follow up news from last fridays crane accident in New York City, the New York Times reports:

The Manhattan district attorney’s office has opened a criminal investigation into a fatal crane accident on the East Side, focusing on whether a part of the crane had been seriously damaged last year and then inappropriately put back into service, an official involved in the investigation said on Saturday.

The New York Times continues:

Mr. LiMandri issued stop-work orders for Kodiak cranes that are now in use at four other sites in Manhattan until new inspections, additional testing and a review of maintenance records are completed. He also directed that no cranes be erected, dismantled or increased in height over the weekend.

The New York Times further reports that government and commercial interests are getting together to create a viable solution:

The Buildings Department held an emergency closed-door meeting on Saturday with 79 representatives from the construction industry to solicit opinions on how to make work sites safer amid the city’s real estate boom.

Will this bring a safe solution for the construction workers of New York City? Only time will tell.

If you have questions about workers compensation, legal cases involving safety, building accidents, and liability perhaps we have some answers for you. Findlaw suggests:

Q: How do I take steps to assert my rights to a safe workplace?
A:If you feel that your workplace is unsafe, your first action should be to make your supervisor aware of the danger, then follow up in writing. If you are still unsuccessful in getting the safety hazard corrected, you can file a complaint at the nearest OSHA office. You can refer to OSHA’s website at http://www.osha.gov.

Q: If I’m injured while working on a construction site, can I get more than just workers’ compensation?
A: Your financial recovery against your employer may be affected by workers’ compensation laws, but remember that other parties may be legally responsible for your injuries, including third-party contractors, property owners, or equipment manufacturers. Your recovery from those parties will not be affected by workers’ compensation laws.

Q: Who is liable if a person is injured by debris from a construction site while walking on a public sidewalk next to that site?
A: In some circumstances, the injured person will be able to recover damages from the construction company, which has a duty to take reasonable steps to keep public sidewalks near its construction site free from bricks and other debris. If the company fails to remove such obstructions and someone trips and falls, the company may be liable. Construction companies should also tell pedestrians they could get injured if they stray from the sidewalk. Posting a sign is usually not enough. If a company fails to place barriers and warning lamps by a building pit, for example, it may be responsible if anyone falls into it and gets injured.

Q: I was injured while working on a large construction project. Can I sue the person who owns the property?
A: Depending on the amount of authority over the work that the property owner exercised, and the amount of control he or she had over the property itself when the injury occurred, the property owner may be legally liable for some or all of your injuries.

If you have more questions, I suggest you contact a lawyer to ensure that your case isn’t mishandled or misguided.

One more death to add to the accident death toll. 1010 Wins reports:

NEW YORK (AP) — Authorities say a construction worker died after falling 30 to 40 feet from a scaffold on a bridge that connects to Queens.

Authorities say the man died at Elmhurst Hospital Center on Tuesday hours after the mid-afternoon accident on the Triborough Bridge. His identity has not been released.

A Triborough Bridge and Tunnel Authority spokeswoman says the accident occurred after an aeriel crane bucket lifted the worker to scaffolding on the bridge above Astoria Park near Hoyt Avenue.

The city’s Department of Buildings does not have jurisdiction over the bridge agency or the project.

No matter who had jurisdiction, this is a tragedy for the worker and his family. And it certainly brings more attention to the plight and physical dangers of the New York construction worker.

In a city the size of New York, with the number ongoing construction projects, unsafe buildings are almost unavoidable. No matter how much you contemplate your safety, no matter how many precautions you take on these types of job sites, accidents can and will happen. When an accident occurs due to the negligence of the construction management company or the building management company, though, it becomes a matter for personal injury law.

An unsafe building accident can take many forms. Falling masonry, heavy equipment, unlicensed machinery operators all take their toll, just to name a few. These accidents may seem unavoidable, but if the proper safety procedures had been in place, the proper safety gear provided and the right safety training given, the accident would very likely not have occurred.

Every year in New York, thousands of construction workers are injured in an unsafe building accident. Whether it is on a new building construction project or renovating an older building, these accidents take their toll both in terms of lost pay through time out of work and an inordinate number of deaths.

If you have been injured in an unsafe building accident, or lost a loved one in a building accident, contacting a personal injury attorney or a wrongful death lawyer is the best option for you. While there is no longer a statute of limitations on wrongful death in New York, personal injury is another story. You have only 3 years to file a claim for this type of injury, so speed is of the essence.

What can you hope to gain from such a law suit, though? Many things can be done through legal channels. For starters, you can be compensated for your time out of work, your doctor’s bills and any pain and suffering you experienced. In addition, many courts will levy heavy restrictions, fines and other sanctions against the responsible company. Whether the responsible party is your contractor, the building management company or the property owner, these sanctions will help ensure that others are not harmed in the same manner.

If the injury resulted in death, a wrongful death lawsuit can help your family recover from the loss of a provider. New York law will take into account the amount of money your loved one would have brought in over the course of the rest of their life, the amount of money they stood to gain through raises and other benefits and compensate your family accordingly.

Finding a skilled and experienced personal injury lawyer is the best way to begin the road towards compensation. Most personal injury law firms will not charge you any fees until your case is won. Once the case is won, they will receive a percentage of your winnings, usually around 15%. In addition, if you do not win your case for some reason, you will owe the law firm nothing. Do not allow your personal injury to go uncompensated; using a skilled law firm can help you get the money that you need.

New York City is a wonderland of tall buildings; glass encased architectural marvels and rock solid business buildings. Despite their beauty and function, these buildings pose serious safety issues for many people. Whether it is a wet floor in a tile lobby, a crumbling brownstone that poses the threat or a high rise apartment building with a dangerously slick foyer, dealing with a building accident can be a hassle.

What comprises a building accident? There are quite a few risks associated with buildings. While they are safe places for the most part, you can easily be injured, especially if the management company is not dedicated and safety focused. The most common form of building accident is a slip. Most new buildings have begun using tile, granite and marble in place of carpeting.

While this is an undeniably more beautiful option, it also poses safety risks. The slightest amount of moisture on this type of floor can make your feet fly out from under you faster than you would believe. The slip is only the first part of the accident. Broken bones, missing teeth and concussions are all common effects of a slip accident on a hard floor.

Another common type of building accident involves stairs. Moisture on the stairs, poorly lit conditions and a lack of proper maintenance can all contribute to a fall down the stairs. This poses much more of a threat to your personal health than a simple fall on the floor. Falling down the stairs can lead to shattered bones, cuts and lacerations, broken ribs, paralysis and even death.

Unfortunately, being careful where you walk is only half of the equation. If the building management and maintenance team is not dedicated to safety, it can be difficult to avoid being injured in a building. If you are injured in a building accident, you may expect the building management’s insurance company to pick up the tab for your medical bills. While this is a very reasonable expectation, many times it is a false expectation. The insurance company will likely do everything in their power get out of paying any bills due to your injury.

So, how do you deal with a building injury if the insurance company is not willing to help you? The best option is a personal injury attorney or law firm. They will have the expertise you need to hold the building management company responsible for their careless actions. If you have been injured in a building, through no fault of your own, hiring a lawyer is your best bet to get the monetary compensation that you need.

You can expect to collect the medical payment that you need, but you may also be entitled to pain and suffering damages from the management company, depending on the severity of your injuries and the treatment and care offered to you. Finding a legal partner that will help you through the process is the best idea. With the right law firm, you stand a good chance of winning your case.

The New York construction industry is a tough career choice and to some extent, accidents are unavoidable. There have been many incidents where a construction worker made a mistake and injured himself, having no other option than to suffer through the pain. However, in such a physically demanding industry there is no excuse for willful negligence, particularly when a construction accident has occurred. How does a construction accident happen?

Most construction workers in New York go through stringent precautions before resuming work and expect the company, and their coworkers, to do the same. One of the reasons why a construction accident may occur is that someone may let his guard down and not exercise good judgment in a dangerous setting. Another cause of construction accident injury may be that tools have become defective. Constant use will eventually wear down equipment and so replacement is a necessary part of construction safety.

Drugs or alcohol, as well as horseplay can be dangerous and have resulted not only in injuries to the one misbehaving but also to other workers just going about their job. Remember that a company is responsible for training employees, supervising employees and hiring professional personnel.

Unfortunately, not all construction accidents can be prevented. An unforeseen accident such as a slip of the foot on a ladder, a tool break or a falling object cannot be predicted or prevented. If you are ever injured in a construction accident and even if your injuries seem minor, it is advisable to get a medical examination. There may be internal injuries you are not aware of and a medical examination may be required before pursuing a lawsuit.

You always have the right to consult with a New York attorney for whatever reason. Consulting with an attorney does not mean that you are going to file a lawsuit. An attorney can give you direction on your case. He or she can advise you of all your legal options and the likelihood of your case prevailing in court.