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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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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The construction industry is essential but dangerous, with workers exposed to multiple risks like falls, machine hazards, and chemical exposures. Safety interventions, like pre-task planning (PTP) and personal protective equipment (PPE), mitigate these dangers. The latest Data Bulletin of the Center For Construction Research and Training (CPWR) analyzes the safety practices of contractors and their relationship with unions and trade associations.

The survey categorized respondents by union and trade association status. Most respondents hired union workers, with 36.2% solely employing them and 24.8% employing both union and non-union workers. Also, 84.2% were trade association members, and 94.4% of union contractors belonged to trade associations. These factors shape safety practices in the industry.

Pre-Task Planning (PTP)

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JFK airport where two construction workers were killedOn April 3, 2023, tragedy struck at John F. Kennedy International Airport in Queens, New York, when two workers from Triumph Construction Corp. lost their lives in a devastating construction accident. A subsequent investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) uncovered critical lapses in safety protocols that could have prevented this tragedy.

Two dedicated employees of Triumph Construction Corp. found themselves in a perilous situation as they attempted to remove soil from below a concrete slab within a trench. The concrete slab unexpectedly broke apart and collapsed, fatally crushing both workers.

OSHA’s Investigation

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crane accident lawyer nycA recent CBS New York investigation indicates that Monadock Construction was cited by NYC in the crane accident that occurred in Hells Kitchen last July and left 12 people injured.

Back in July a massive crane caught fire and collapsed onto a nearby building, causing widespread panic and property damage. Now, in a significant development, the city authorities have cited Monadnock Construction, the construction contractor responsible for the project, for failing to safeguard the construction site. This citation carries a potential penalty of $25,000, raising important questions about accountability and safety in construction operations.

The New York City Buildings Department took action by serving a violation notice to Monadnock Construction in late August. The notice clearly states that the company failed to safeguard “all persons and property affected by construction operations.” This is a fundamental requirement for any construction project, emphasizing the importance of safety measures in preventing accidents like the crane fire in Hell’s Kitchen.

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OSHA logoAs construction accident attorneys in New York City, our commitment lies in ensuring the safety and well-being of workers in the construction industry. We are dedicated to upholding the rights of workers who have suffered due to the negligence of employers. A recent case highlights the importance of enforcing safety regulations in construction and the consequences faced by a New York contractor for willfully exposing employees to dangers that led to a fatal trench collapse in Brooklyn in 2018.

In September 2018, a horrific trench collapse in Brooklyn resulted in the tragic death of a worker. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, revealing shocking negligence on the part of the contractor, WSC Group LLC. The OSHA investigation found that WSC Group LLC had willfully failed to provide an adequate protective system for employees working in the trench. This negligence exposed workers to serious excavation hazards that ultimately led to the worker’s death. The gravity of the situation was undeniable, and OSHA issued citations against the company.

WSC Group LLC, however, chose to contest OSHA’s citations before the Occupational Safety and Health Review Commission. The case took an unexpected turn when the Kings County District Attorney’s office pursued a criminal case against the company’s owner, Jiaxi “Jimmy” Liu. In March 2023, Liu was convicted of criminally negligent homicide and other charges related to the trench collapse.

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crane accident lawyer nycIn the early hours of this morning, New York City was struck by yet another devastating crane accident. A crane belonging to New York City Crane & Equipment Corp. caught fire and partially collapsed into a neighboring building near Hudson Yards. The crane accident left five people injured, including a firefighter. As dedicated crane accident attorneys, our law firm understands the severity of such incidents and is committed to holding those responsible accountable. In this blog, we’ll examine the details of the recent accident and discuss the crucial role of seeking justice for the victims.

The tragedy unfolded when the crane, situated at 510 10th Avenue, suddenly caught fire around 7:30 a.m. Panic ensued as the top portion of the crane collapsed, striking a nearby building before crashing to the ground. In the chaotic aftermath, pedestrians sought safety, and passing cars sounded their horns in alarm. Though the situation could have been even more dire, six individuals sustained injuries.

New York Crane & Equipment Corp has a history of  safety violations

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659 Flushing Ave in Brooklyn where the construction worker was injured in a trench collapse A construction worker was trapped and seriously injured in a trench collapse at 659 Flushing Ave. in Bushwick, Brooklyn, NYC. The heroic efforts of firefighters saved his life, but this accident serves as a stark reminder of the dangers faced by construction workers and the need for increased safety measures.

On the morning of July 18, the sides of an excavation site at 659 Flushing Avenue gave way, burying a construction worker under approximately three feet of debris. Thankfully, the New York City Fire Department (FDNY) responded promptly, and a team of firefighters was dispatched to the scene to rescue the trapped worker.

As the DOB continues investigations, it is important to note that this tragedy might have been prevented. City records indicate that the three-story building at the construction site was scheduled for full demolition. In February, the contractor responsible for the project, Red Brick Property Management, was issued a violation for failing to notify the city before commencing demolition work. Although the violation was later dismissed, it raises concerns about the adherence to safety protocols and regulations.

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