Artículos publicados en Falling Objects and Worker Falls

There are lots of things you may have to fight against in your New York construction injury case. You may have to fight against arguments that the injury you suffered wasn’t a type that’s covered by the law. You may face assertions that the activity that you were performing isn’t something that permits compensation under the statute. One thing you shouldn’t have to face is an opponent that doesn’t “play fair” with regard to pre-trial and trial procedural tactics. That can be difficult, though, as you may not know how to go about contesting the impermissible things that your opponents seek to do. Your skilled New York City construction injury attorney will know, however, and that is just one more among many vital reasons why it pays to have experienced counsel on your side.

What do we mean by “play fair”? D.F.’s case from Buffalo is a good example. Reportedly, D.F. was substantially injured when a load of rebar fell from a crane and crashed into his head.

For workers who are injured in a manner like D.F. was, there are several things that you have to do in order to get the fair compensation you need. You have to show that you were engaged in a type of construction activity that is covered by the law, which D.F. was. You have to demonstrate that yours was a covered type of injury. Under Section 240(1) of the Labor Law, injuries arising from worker falls and objects falling onto workers are generally covered. Clearly, this worker’s injury was one that the scope of the law encompassed.

This year, a string of fatal New York City construction accidents clustered close together in April led the city’s Department of Buildings to perform a “two-week-long sweep of construction sites across the five boroughs.” What they found might have been shocking for the public but was regrettably less so for those who work in construction in the city, as well the lawyers who represent those workers.

The report by WNYC revealed that the crackdown led to 322 immediate stop-work orders, with an additional 1,081 violation on top of those 322. This, unfortunately, is a reminder that not only is construction work in New York City dangerous, but that too many jobs are more unsafe than they should be. If you find yourself hurt as a result of a construction accident, you should take action promptly by retaining the services of a skilled New York City construction attorney to protect your rights.

The event leading to the crackdown was a terrible week in which three construction workers died, two from falling objects and one as a result of a fall. On April 8, a construction worker from Queens died after a piece of building façade broke loose and hit him in the head. On April 10, a worker in Brooklyn died after falling from the roof of a 13-story building. Early on April 13, a counterweight from a crane fell on a worker in Manhattan and killed him.

Construction work is dangerous work and, sometimes, fatal accidents truly are no one’s fault and could not reasonably have been prevented. Too often, though, that’s not the case. Too many times, the accidents that prematurely end the lives of the men and women working construction in New York are accidents that are caused, entirely or partially, by someone’s failure to comply with proper safety protocols, including Department of Buildings requirements. It is for these (and other) situations that New York has very strong laws designed to protect construction workers and their families. If you or a loved one has been victimized because someone on your site failed to do what they should have done to ensure safety, you should contact an experienced New York City construction injury attorney and put those laws to use for your family.

A recent fatal accident from Manhattan is an example of what we mean when we say “failed to do what they should have.” G.P. a 49-year-old man from Queens, was working on a construction project located next door to Grand Central cleaning debris off a scaffold. As he worked along an area of the scaffold that did not have guardrails, he fell through the scaffold. At the time, the scaffold was on the fifth floor. G.P. dropped 30 feet to the second floor. He was ultimately pronounced dead at Bellevue Hospital.

A report from indicated that the Department of Buildings, which issued a full stop-work order after the man’s death, intended to file violations. According to the department, guardrails were required. In other words, the scaffold upon which G.P. was working should have had guardrails in all areas.

When you are hurt while working at your construction job and, as a result of that injury, it becomes necessary to go to court, you can probably count on facing strong opposition. The defendants you sue will likely have shrewd lawyers capable of making clever and persuasive arguments to try to keep from paying you the compensation you need. Fight back by making sure that you have a knowledgeable and persuasive New York City construction injury attorney battling for the recovery you deserve.

When it comes to construction injury lawsuits in New York, there are several arguments that are frequently used by defense lawyers. If your lawsuit alleges that you are entitled to compensation under a statute called the “Scaffold Law,” the defense may try to persuade the court that the work you were doing isn’t covered under that law. Alternately, the defense may assert that the injury you suffered was not one of the types that the statutes cover. Achieving your fullest success, then, means being prepared to take on these or whatever defense arguments come your way.

Look at a recent case from Queens for an example. F. R.-P. was, along with a co-worker, unloading flooring materials from the back of a flatbed truck. The way that job worked was that the materials were on pallets and a hydraulic lift lowered each pallet from the truck bed to the ground, which was a distance of about four feet. Each pallet weighed roughly 2,500-3,000 pounds. During the job, one pallet, which was loaded onto the lift at the time, fell off the lift and hit F. R.-P.

When you are injured at your construction job and it becomes necessary for you to sue in court to get the compensation you deserve, it is important to understand several things. One is that succeeding in your lawsuit will require proving that your accident and injuries met all of the required elements of the statute under which you brought your lawsuit. To make sure you have all of the proof you need to get the successful outcome you deserve, be sure you’ve retained an experienced New York City construction injury attorney.

What do we mean when we talk about covering all of the “elements”? Take a look at the case of C.S. for an example. C.S. was working in Manhattan for a cleaning services company at a site owned by a major energy company. C.S.’s job on the day of his injury involved transporting a steel plate to the site and unloading it. The plate weighed roughly 4,000 pounds. It was as the worker was performing the unloading task that he was injured.

If you’re hurt in an accident like C.S.’s, there are certain factual aspects of your case that should give you great hope for success in court. Section 240(1) of New York’s Labor Law says that the general contractor on your job, as well as the site owner, have a mandatory duty to provide you (and all workers at the site) with proper safety protections against injuries resulting from “gravity-related risks.” That includes things like objects falls on you.

When you have been seriously hurt in an accident that occurred while you were working at your construction job, you no doubt have lots of questions. One of the main ones probably is, “Can I sue and win?” When you decide to seek compensation through the legal system, you no doubt know that the defense will probably fight against you aggressively. The other side may argue that you have no possible case at all. The defense may alternately argue that, whether or not you have a case generally, you don’t have a case against them. Achieving a favorable judgment means being ready to overcome those and other arguments. To clear all the essential hurdles, it helps to have the knowledge and skill of an experienced New York City construction injury working for you.

To get an idea what we mean, consider the case of J.V., who was a construction worker working at a project at John Jay College in Manhattan. While performing one of his job duties, which entailed removing a 2,500-pound bag of soil from a crane, the crane allegedly lifted and J.V.’s arm got caught in one of the straps holding the bag of soil. According to J.V., that caused him to be lifted off the ground until he eventually freed his hand and fell back down to the building’s roof. Allegedly, that whole harrowing process caused the worker to suffer substantial injuries.

J.V. sued the firm, S.O.M., that the property owner had hired to provide “architectural, engineering, and construction management services.” In New York construction injury cases, it is often easier to achieve a successful result when suing a general contractor or a property owner. Since this firm was not the general contractor on the project, J.V. needed some extra evidence in order to have a valid claim that this defendant was liable for his accident, and he was able to present that proof. His evidence demonstrated to the trial judge’s satisfaction that that defendant was “responsible for coordinating and supervising the entire construction project and was invested with a concomitant power to enforce safety standards and to hire responsible contractors.” In other words, even though that firm was not technically the general contractor, it was responsible for many of the duties generally handled by general contractors, especially in relation to ensuring worker safety. When you have evidence that a contractor had general responsibility for maintaining site safety, then you generally can proceed against that entity, and J.V. was able to do so in his case.

In basketball in the United States, there is something called the “Final Four.” In the world of construction safety, there’s something called the “Fatal Four,” which, for construction workers, is far more important and much more serious. These four areas are responsible for 60% of all fatal construction accidents in the private sector. If these deaths were avoided, 582 construction worker lives would have been saved in 2017.

What this tells us is that the task of providing construction workers with adequate safety protections is still a work in progress and that too many workers are being failed. If you’ve been hurt (or a loved one has been killed) while working at a construction job in New York, you want answers and you need to know where to go to get those answers. Start by reaching out to a skilled New York City construction accident attorney to schedule a time to discuss your situation in detail.

So, what exactly are the “Fatal Four” in construction? They are, in order by deadliest:

  • falls
  • being struck by objects
  • electrocutions
  • workers crushed when caught in or caught between objects, including materials, equipment or a collapsing structure

Continuar leyendo ›

Back in January, the Commercial Observer published a headline that stated “Construction is Still NYC’s Most Fatal Industry.” Tragically, the events of early April serve as a sad and sober reminder of the harsh reality behind that headline. While construction work in New York carries with it many dangers, the laws of New York carry with them several possible options to help those harmed in construction accidents to receive the compensation they need.

If you’re hurt in a construction accident, you are probably stressed and/or frightened. You may not know what to do or where to turn. Make sure that one of your first steps is to reach out to an experienced New York City construction accident attorney to learn more about getting the compensation to which you are entitled.

The first of the two terrible incidents occurred on April 8 and happened on East 50th Street in Manhattan. A 51-year-old worker was doing façade repair and standing on a scaffold, and, according to the New York Daily News, the apparatus that attached the scaffold to the building’s façade knocked loose a large, heavy stone located at the top of the façade.

So, imagine you’re a worker in New York City and you’ve suffered a fall at your construction job. You were hurt as a result. The injuries may have caused you to rack up large medical bills and may have forced you to miss work. You may be wondering… what should I do? One of the things you should investigate doing is pursuing legal action to recover compensation for your injuries. To do that, you should start by consulting with an experienced New York City construction injury attorney.

S.C. was a worker who faced that kind of circumstance. S.C. was hurt while working as a dock builder foreman on a project on Fifth Avenue. According to his lawsuit, S.C. made a step onto “what appeared to be a stable floor of concrete” to inspect a bracket. In reality, the surface was neither concrete nor solid. S.C. fell through water that was roughly eight feet deep, suffering substantial injuries in the process.

In a case like S.C.’s, one potential legal option for compensation is Section 240(1) of the Labor Law. That law says that construction project site owners and project general contractors are required to provide all workers with adequate safeguards to protect them from “elevation-related” risks of harm. In other words, risks of things falling on you or you suffering a fall.

Construction injuries involving falling workers are very serious matters. The most recent statistics show that fatal falls are unfortunately trending upward in New York. Falls suffered while working at a construction of construction-related job, whether fatal or non-fatal, are often extremely damaging for the worker and his/her family. If you’ve been hurt as a result of one, you should take action promptly by retaining an experienced New York City construction injury attorney.

Back in January of this year, the New York Committee for Occupational Safety & Health released its annual report called “Deadly Skyline: An Annual Report on Construction Fatalities.” That report contained some pieces of good news, such as the fact that construction fatalities were trending downward in New York City. It also contained some serious causes for concern, such as the information that was revealed about workers dying construction fall accidents.

Falls account for about 50% of all construction fatalities

According to the report, construction falls continue to be one of the largest causes of fatal construction accidents, both within New York City and statewide. In the previous decade, 187 workers in the state died in construction falls, with 78 of those occurring in New York City. Both in the city and statewide, those fatal falls represented roughly one-half of all of the construction accident deaths.

Continuar leyendo ›

Contact Information