Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Construction Accident

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employers are liable for employees heat illnessesAs construction accident lawyers in New York City, we are deeply concerned about the impact of the upcoming heat wave on our city’s construction workers. The extreme heat expected this week poses a serious threat to the health and safety of those working on construction sites. A previous  investigation by “the City” indicates that when the temperature hits 85 degrees, workers in New York City are 7% more likely to be injured on the job. At 95 degrees, the likelihood of an accident goes up by one more point, to 8%.

Alarmingly, nearly 75% of workers who die from heat-related causes do so within their first week on the job

Heat is a well-known occupational hazard that can cause severe or even fatal illnesses if workers are not provided with the necessary protections and training. Each year, thousands of workers fall ill due to occupational heat exposure, and tragically, many of these cases result in death. New employees, who have not yet acclimated to working in high temperatures, are particularly vulnerable.

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Brooklyn DA OfficeAs personal injury attorneys representing victims in Brooklyn, we have witnessed firsthand the devastating consequences of negligence in the construction industry. The recent conviction of a Nassau County construction company owner for criminally negligent homicide in the death of a young girl serves as a reminder of the critical importance of adhering to building codes and safety protocols.

On August 29, 2019, a tragic event unfolded in Bushwick, Brooklyn, when 5-year-old Alysson Pinto-Chaumana lost her life due to the collapse of a poorly constructed stone wall. Alysson, along with her mother and friends, was visiting a residence at 444 Harman Street. While waiting on the enclosed patio, the stone pillars and horizontal plates of the wall suddenly fell, crushing Alysson and causing her untimely death.

An in-depth investigation revealed that Nadeem Anwar, the owner of City Wide Construction and Renovations, Inc., had constructed the wall in violation of numerous provisions of the New York City Building Code.

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NYC Construction accident injuries and deaths in 2023As New York City construction accident attorneys, we are continually monitoring the trends and statistics related to construction safety in our city. Despite the overall high levels of construction activity, which naturally elevates the potential for hazardous incidents, there has been a notable decrease in fatalities within the industry. According to the Department of Buildings (DOB), there was a 36% decline in fatal incidents related to building construction activities in 2023, a nine-year low with seven workers tragically losing their lives.

However, this positive trend in reduced fatalities does not overshadow a concerning increase in the number of reported incidents and injuries on construction sites. Injuries have increased by 38% over the past three years as construction activity resumed post-pandemic. Notably, 2023 saw a significant rise in incidents such as ladder falls, stair falls, and tripping—common types of accidents that often lead to severe injuries.

From a legal perspective, it’s crucial to recognize that each injury and fatality is not just a statistic but represents a worker and their family facing significant distress

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National Stand down to prevent injury and death caused struck-by incidentsAs attorneys representing construction workers injured on the job, we constantly encounter the devastating impacts of struck-by incidents on the lives of workers and their families. These incidents, which include being hit by moving vehicles, flying or falling objects, or swinging equipment, are not only the second leading cause of death in the construction industry but also the foremost cause of nonfatal injuries. This stark reality underscores the urgent need for stringent safety measures and comprehensive training.

Struck-by incidents occur when a worker is hit by an object or equipment, which can be propelled, falling, rolling, or swinging. These hazards are particularly prevalent in construction zones where heavy machinery and vehicles are in operation. Common scenarios involve workers being struck by vehicles backing up, equipment failures, or materials being ejected from tools. Each scenario demands specific preventive measures, ranging from proper signage and barriers to equipment maintenance and worker training.

The Role of the National Stand-Down and Legal Advocacy

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NYC accident sceneShawn Gooding, a resident of the East Village, tragically lost his life on Friday night after being struck by an MTA bus at the intersection of Avenue D and East 10th Street. The circumstances surrounding his death have raised significant legal questions and concerns, particularly regarding accountability and liability.

As wrongful death attorneys, it’s crucial to examine the events leading up to Gooding’s untimely demise. Reports suggest that Gooding tripped into the street and was subsequently struck by the bus, which allegedly continued driving after the collision. Despite efforts by EMS, Gooding succumbed to his injuries at NYC Health + Hospital Bellevue.

The legal implications of this incident are multifaceted

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location of the deadly accidentValor Security & Investigations, along with six of its employees, was charged with enterprise corruption among other offenses for selling bogus safety training certifications. These certifications, crucial for construction worker safety, were allegedly issued without providing the mandated 40-hour safety course.

This sham operation, which involved about 20,000 students, tragically includes a construction worker who died after a fall from an Upper West Side building—a direct consequence of the fake certification provided by Valor.

The legal ramifications of this indictment are significant. For the company’s executives, the charges could lead to up to 25 years in prison if convicted. Beyond the immediate legal consequences for those directly involved, this case highlights the broader issue of accountability in construction safety.

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OSHA logoA NY roofing contractor, Elite Roofing Services Inc., has been subjected to the second-highest OSHA fine in the fourth quarter of 2023, amounting to $522,527.

This substantial fine was levied following an accident at a Glen Cove, New York, jobsite, where a worker’s fatal fall could have been prevented with the proper implementation of fall protection measures, such as guardrails, safety nets, or personal fall arrest systems. The tragedy brings to the forefront the grave consequences of neglecting safety protocols and the imperative need for vigilance and compliance to prevent such incidents.

OSHA’s findings revealed that Elite Roofing Services Inc. did not furnish its workers with the necessary fall protections while they were installing a metal deck on a flat roof, leading to a worker plummeting 20 feet to a concrete floor below. This incident resulted in the issuance of six willful violations by OSHA, each corresponding to a worker exposed to fall hazards, and one serious violation for failing to train workers on proper fall protection techniques.

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Google map view of the location of the accident before illegal work startedThe recent catastrophe in Borough Park, Brooklyn, where a 33-year-old construction worker, Juan Ganche, lost his life due to a floor collapse in a residential home, is a reminder of the critical importance of adhering to construction safety regulations. This accident, occurring under the shadow of illegal work and oversight failures, not only ended a life prematurely but also exposed the systemic issues plaguing construction sites across New York City.

Juan Ganche, a dedicated worker who had been contributing to the construction industry since his arrival in the United States from Ecuador 14 years ago, was tragically killed when the first floor of the structure he was working on collapsed into the cellar.

This accident, which marked the first construction site fatality in New York City this year, has once again brought to the forefront the perilous conditions under which many construction workers operate.

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construction workers must be protectedUnder a transformative Biden administration policy, hundreds of laborers have stepped out of the shadows, informing on unscrupulous employers and, in return, receiving something invaluable: legal work permits and protection from deportation.

This policy, which focuses on protecting workplace whistleblowers and aiding prosecutors, has changed the lives of many, including José Moncada and a welder known only as Alejo. Moncada, who suffered a wrist injury on the job, and Alejo, who experienced a near-devastating eye injury, both faced directives from their foremen to conceal the true nature of their injuries to avoid compensation claims. Despite the risks, they chose to come forward, working with law enforcement to expose the fraudulent practices of their employers. Their bravery was rewarded not just with the satisfaction of justice but with the legal right to work in the U.S., a privilege they had been denied for over a decade due to their undocumented status.

The heart of this policy is deferred action, a form of discretionary relief that allows immigrants who have been exploited at work or who have cooperated with law enforcement investigations to apply for protection from deportation and work permits. This policy not only acknowledges the valuable contributions of immigrant workers but also provides them with a pathway to emerge from the exploitation prevalent in the underground economy. It’s a clear message: their rights matter, and they no longer need to live in fear.

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Location of the boom truck collapse in Upper Manhattan5 construction workers were injured, including three seriously in a crane collapse that occurred in Upper Manhattan yesterday afternoon. The accident occurred around 2:30 pm at a construction site located at 3880 Ninth Avenue in Inwood. A crane attached to a small boom truck tragically collapsed, resulting in injuries to five construction workers.  3 of them suffered serious injuries. Investigation is ongoing with yesterday’s stormy conditions probably being a factor in the accident.  As crane accident lawyers deeply invested in the safety and rights of construction workers, this incident not only highlights the risks involved in such operations but also underscores the importance of stringent safety measures and legal recourse in the event of accidents.

In the wake of the collapse over 60 firefighters and EMS workers swiftly arrived at the scene. Their rapid action undoubtedly played a crucial role in managing the situation and minimizing further harm. However, while their response is laudable, it also brings to light questions about preventative measures and safety protocols that are essential in construction sites, especially those involving complex machinery.

Legal Implications and Worker Safety:

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