New York Construction Accident & Safety News

Two workers were injured recently in Iowa when some scaffolding collapsed, InjuryBoard.com is reporting, making this the second incident recently in the same area regarding construction accidents. OSHA has very specific guidelines for general contractors to follow in regards to scaffolding on construction sites. InjuryBoard.com lays out some of the rules, as well as the specific codes.

- The wheels must be locked and rigid before climbing on the scaffolding.
- Persons using the scaffolding keep their center of gravity above the scaffolding.
- Scaffolding shall not be moved with someone on it.
- Scaffolding construction shall include all pins, braces and bolts.
- Planks and walk boards shall always be at least 36 inches below the top of the scaffolding.
- People shall not work below or in the fall-zone of the scaffolding.
-The steps on the side of the scaffolding shall be in a line.

For further reading, check out the specific post on InjuryBoard.com to have a look at the specific OSHA codes regarding scaffolding.

It appears that Amtrak is being negligent in maintaining one of its bridges. John Lauinger of the New York Daily News reports:

An Amtrak bridge over the busy intersection of Northern Blvd. and Broadway in Woodside has severe cracks in its concrete exterior - posing a significant danger to pedestrians and motorists, a top elected official warned.

Queens Borough President Helen Marshall, who has demanded an immediate response from Amtrak, said the bridge’s exterior has deteriorated to the point where chunks of concrete have fallen off.

The Daily News reviewed the overpass with Marshall on Tuesday and observed several softball-sized pieces lying on the sidewalk along Broadway.

Softball sized pieces? Amtrak is just lucky that no New York visitor or citizen has been hurt. Its an accident and legal suit waiting to happen.

Findlaw has a great explanation of scaffold injuries and how the New York Labor law applies to occurences of scaffold injuries. Findlaw points out:

The Occupational Safety and Health Administration (OSHA) has estimated that 65% of construction employees work on scaffolds frequently, so it is not surprising that some of the most common accidents at construction sites involve scaffolds or other types of lifts, hoists, or ladders.

These accidents are typically the most serious in terms of severity of injuries, which can result from construction workers’ falls from defective, improperly installed, or unreasonably safe scaffold equipment; an employer’s failure to ensure the use of protective equipment; and by objects falling onto workers from scaffolds, lifts, and ladders.

New York Labor Law Section 240

New York Labor Law section 240, often called the “Scaffold Law,” was designed to protect construction workers from the extraordinary risks they face in working on and around scaffolds and other lift devices at construction sites. Section 240 imposes absolute liability on contractors and work site owners who neglect to provide adequate safety regulations and devices to protect workers from falls and falling objects.

So New York respects the safety of construction workers and applies a high degree of legal protection to construction injuries when scaffolding is involved. If you have a scaffolding construction injury or another building related injury, please contact a responsible lawyer.

Christoper Canzona, the brother of Clifford Canzona – who was killed in the recent New York City crane accident – filed the first lawsuit related to that incident. The suit is on behalf of his brother’s family and is seeking $30 million dollars.

According to the notice, Clifford Canzona was helping to erect a 46-story building when the accident occurred and was found dead “on March 18 under rubble and debris crushed by the crane”. He fell 18 floors.

The notice alleges that the accident was “caused, in part, by the negligence of the city” and its Department of Buildings in failing to check the construction site.

Meanwhile a city construction site inspector has been arrested after authorities said he lied about inspecting the crane on 4 March.

It’s expected that several other lawsuits will soon follow this one.

In a surprising turn of events, Edward Marquette was arrested in connection to the New York crane accident that killed seven people. Marquette falsely stated that he investigated the crane that ended up collapsing.

The arrest of the inspector, Edward Marquette, should be setting off alarms for Mayor Michael Bloomberg and his administration. Yet Patricia Lancaster, the city buildings commissioner, appears to be playing down the importance of an inspector who allegedly failed to review the site 11 days before the accident.

Lancaster believes that it simply isn’t likely that the crane failure was the fault of their inspector not inspecting the crane. It seems that her assessment is more blind damage control, which will hardly matter once the lawsuits start to come in.

As crews prepare to remove the fallen crane in Manhattan, they have some tough tasks ahead of them. The crane is unwieldy and still poses a major danger to the people and buildings around it. Not only that, emergency crews are still searching for survivors, especially in light of 3 people who are currently missing.

The crane is being taken apart piece-by-piece, then fire fighters are searching the areas where the crane has been removed. So far, they haven’t found any new survivors or bodies.

Nobody is sure how the crane accident occurred. By all appearances, every precaution was taken to ensure the safety of the construction site.

“As far as we can tell all procedures that were called for appear to have been followed,” the mayor said.

Asked about a report that crane might have been improperly stabilized, Mr. Bloomberg said Buildings Department officials said the crane was attached to the building under construction at the third and ninth floor, and that Buildings Department officials felt the arrangement was appropriate. He said preliminary information indicated the accident occurred when workers were extending the crane to allow for work on higher stories.

As the investigation continues, there might be elements of negligence on the part of the city or construction company, in which case it’s believed that several construction accident lawsuits will be initiated. Only time will tell.

What should you do if you are injured in a construction accident in New York? It is very important, whenever you are injured to immediately and inconspicuously compile information for police and possibly a lawyer. Remember that you are facing the threat of high medical bills, permanent disability and lost wages in the near future. On the other hand, you may also be nervous at the idea of asking for compensation, believing that the company may fire you or at least label you as a troublemaker. What should you do after suffering a construction accident?

Immediately after you recover from an injury you should file a worker’s compensation claim. Remember that this should not be misconstrued as a lawsuit. This is an insurance claim and all employers are required by law to carry some form of worker’s compensation insurance. This action will allow you to receive benefits like medical bills (present and future), temporary disability, vocational rehabilitation or even permanent disability. Because these claims can take a while to process you should file them as soon as possible.

If there was negligence involved on the part of the company, and their settlement isn’t very satisfying then you may decide to file a lawsuit. If this is the case then report the accident to your employer in a typed letter. Even if you have to report the construction accident verbally then you should write down the name and job position of the person you speak with. When you complete a worker’s compensation claim be sure to keep a copy of the completed form. Write down the names and contact information of all witnesses, and then take photographs of your injuries as well as the scene of the construction accident. Seek medical attention for even the most minor of injuries. Speak to a construction accident attorney to learn your rights.

Remember that you have the right to speak to an attorney at any time, for whatever purpose, even before filing a worker’s compensation claim.