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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As NYC crane accident lawyers who have seen firsthand the devastating consequences of construction site accidents, we understand the critical importance of proper training and licensing for equipment operators. Recently, the New York City Department of Buildings (DOB) has announced significant changes to crane licensing requirements that will take effect on November 7, 2024. These changes aim to enhance safety standards and reduce the risk of accidents involving articulating boom cranes, mini cranes, and rotating telehandlers. Here’s what contractors and equipment operators need to know about these new regulations.

New Licensing Requirements

Starting November 7, 2024, the operation of articulating boom cranes, mini cranes, and rotating telehandlers in New York City will require a specific Hoisting Machine Operator (HMO) license issued by the DOB. This new mandate reflects a growing recognition of the unique operational risks associated with these types of equipment. The new licensing requirements will cover the use of these cranes for tasks such as delivering and moving materials on construction sites.

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construction is the most dangerous job in NYCThe Center for Construction Research and Training (CPWR) recently released a crucial data bulletin, shedding light on the concerning trends in fatal injuries within the construction industry from 2011 to 2022. As Construction Accident Lawyers in New York, we must discuss these findings and emphasize the urgent need for enhanced safety measures and preventive strategies in our industry.

A Grim Overview of Construction Fatalities

According to the bulletin, the construction industry ranked among the top five for fatal injuries in 2022. Alarmingly, from 2021 to 2022, the number of fatal injuries in construction surged by 7.6%, with the rate of such injuries increasing by 2.2%. These statistics underscore the perilous nature of construction work and the critical need for robust safety protocols.

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location of the Brooklyn Crane AccidentA tragic incident unfolded in Brooklyn last Thursday when a crane partially collapsed onto an apartment building. This unexpected and alarming event has raised significant concerns about construction safety and regulatory compliance. As seasoned crane accident lawyers, it is imperative to delve into the legal implications of such incidents, emphasizing the need for strict adherence to safety protocols and the rights of affected parties.

The accident occurred at approximately 2:30 p.m. at 1442 44th St., where workers were using a boom truck to lift steel beams over a three-story building. According to the city’s Department of Buildings (DOB), part of the boom broke off, landing on the apartment building’s roof and in the backyard of a neighboring home. Miraculously, no injuries were reported despite the potential for a catastrophic outcome.

Emergency responders, including firefighters, police officers, and paramedics, swiftly arrived at the scene. All construction workers and residents were accounted for, and the intact portion of the boom was safely retracted. The investigation by DOB inspectors began immediately, focusing on determining the cause of the break and potential enforcement actions.

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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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