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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diseases associated to nanoparticle exposureConstruction workers who are using spray or who are power sanding wood sealant are inhaling zinc nano particles that may have negative consequences on their health. To avoid long-term injuries and illnesses a recent study found that the use of a local exhaust ventilation reduces exposure to nano particles by 92%.  A local exhaust ventilation also reduces the exposure to dust by 80%.

The study was recently published in the Journal of Occupational and Environmental Hygiene.  The authors of the study wanted to understand if zinc oxide nano particles contained in a wood sealant were detrimental to construction workers health while spraying the sealant or when sanding it.  They conducted various tests during which a worker executed the tasks of spraying the sealant and sanding it in an environmentally controlled chamber. Various filters were installed to collect particles. Researchers also used instruments allowing them to count  real-time particle levels. They found that globally the level of nano particles was high for both activities and that a local exhaust ventilation was effective in reducing nano particles by 92%.

Researchers also wanted to know if many unbound nano particles of zinc oxide  were released during the same operation. They used electron microscopy to analyze the collected samples. They found that most nano-sized ZnO particles were contained within or on the surface of larger airborne particles. More studies are necessary to understand which level of nanoscale ZnO is detrimental to construction workers health.

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Our NY personal injury law firm is proud to announce that our attorneys Ben. B. Rubinowitz and Christopher J. Donadio obtained a $6.25 million verdict in a construction accident that occurred in Manhattan.

The case involved a construction worker, who was injured while performing brick restoration work on an apartment building. On the day of the incident, the worker was ordered to climb on to a rope scaffold that was positioned on the fourth floor of the apartment building to obtain tools needed for the brick work. The worker was unaware that the scaffold was not properly secured. While the worker was walking on the scaffold, it shifted and caused the worker to fall 30-40 feet on to the concrete courtyard below.

The worker was rushed to Harlem Hospital where he was diagnosed with fractures to his left elbow and pelvis. While in the hospital, he underwent an irrigation and debridement of his left elbow, as well as an open reduction internal fixation of the elbow. While in the hospital, the injured worker developed an ileus, which is a disruption in the normal operation of the bowels. As a result of the ileus, the worker suffered severe abdominal distension that was managed with nasogastric and rectal tubes. After a week at Harlem Hospital, the injured worker was transferred to Bellevue Hospital for a surgery on his pelvis consisting of an open reduction internal fixation, as well as for further management of his ileus.

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Three construction workers were injured, two critically and one seriously after 1200 pounds of laminated beams fell on them at a construction site in Queens. The accident occurred wednesday afternoon at a site located on 28th Road near 31st Street in Astoria where workers were converting  a 2 story building into a 3 story one. As they were working inside, the roof collapsed  after a heavy load of  construction material had been previously placed on it. Beams and bags of cement fell from the top floor to the basement. 3 workers were pinned under the debris. One of the workers, a 37 year old man was seriously injured but he was able to free himself before the firefighters arrived. Another 40 year old worker was rescued from the debris in critical condition. The third worker, a 28 year old man, was trapped under thousands pounds of construction material. Firefighters were able to administer medication through an IV to keep the young man stable while they were frenetically digging through the debris to try to free him. Firefighters had to use a hydraulic jack to be able to rescue him. After an hour of intense work, they  finally were able to save him and to hoist him into the ambulance in critical condition. (see here a detailed description of the amazing job the FDNY did to save the workers)

Neighbors said the heavy construction material was previoulsy delivered  onto the roof by a crane. The New York City Department of Buildings is now investigating the accident.

On New York construction sites, heavy equipment is supposed to be delivered at ground level. For any heavy equipment delivery at higher levels, contractors are supposed to obtain proper permission. It was not clear yesterday if a proper authorization was obtain for the Astoria construction site previous to the crane delivery.

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A construction worker died in a scaffolding accident in New York City last Sunday. The 58-year-old hard hat was working on a construction site located at 1382 Nostrand Avenue in East Flatbush, Brooklyn, NYC. The man was found on the ground by a paramedic team. He was transported to the hospital in critical condition. He didn’t survive his injuries and was pronounced dead shortly after his arrival at the hospital. A preliminary investigation by the Occupational Safety and Health Administration (OSHA) indicates that a part of the scaffolding went vertical causing the worker to fall.

The site was immediately issued a stop work order by the NYC Department of Buildings. The building and the ex building owner have a long history of violations, neglect and non compliance. This building as well as another one next door located at 241 Linden Blvd were sold to an LLC associated with investor Steven Vegh for $3.7 million in December 2016. They previously belonged to Lewis Alleyne and other associates. Lewis Alleyne is a Brooklyn slumlord who miraculously escaped jail in 2011 after failing to fix more than 500 building violations and ignoring fines. Together this building and the other building located at 241 Linden Blvd have lost all but 3 of their rent stabilized apartments between 2007 and 2014.

The building where the construction worker fell has several open violations some of them immediately hazardous such as defective stairs and windows and exposed lead paint. Also it wasn’t exactly clear what type of work the man was doing on Sunday. Despite all the violations the owners were able to get a permit for a sidewalk shed.

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NYC construction workersOver the last few years, the number of construction workers dying or suffering severe injuries on the job increased dramatically in New York  City. According to the most recent statistics from the New York Committee for Occupational Safety & Health, 25 hard hats lost their life on NYC construction sites in 2015 compared to 17 in 2011. The majority of the fatal construction accidents in the city occurred on non unionized construction sites. Undocumented immigrant workers are often the most at risk of suffering catastrophic injuries or of dying in construction accidents.  One of the fundamental reasons why such a significant number of workers are dying on non unionized sites is the lack of training. Construction workers on non unionized sites are often not trained as well as unionized workers or not trained at all in some cases.

Mayor Bill de Blasio also believes that many construction accidents could be avoided if construction workers were better trained.  According to Politico, the mayor is working on a proposal to increase training for all construction workers in New York City. In the new proposal, all workers will be required to attend minimum training  of 54 to 71 hours. Supervisors will have to train an extra 30 hours on the top of the minimum requirements. Workers who are doing more dangerous tasks such as those working in confined space or workers doing work related to rigging safety, scaffolding, excavation, demolition and perimeter protection will have to attend additional training specific to their activity.

The new training rules are expected to be introduced to the City Council  in the next few weeks.

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Mattern-hudson-yards-3A construction worker died in New York on Monday. The accident happened at  Hudson Yards, a gigantic construction site in Manhattan. It is not the first time that a construction worker fell to his death on this site. Another deadly fall occurred at Hudson Yards in August 2015.

Around 6:40 pm on Monday evening, 62-year-old Roger Vail of Montgomery was doing a survey on the 16th floor of  the 400 W. 33rd St building when a wooden platform he was standing on gave way.  The man fell 10 stories and landed on the 6th floor. He died at the scene of the accident. Vail was hired by the company 50 States engineering which itself had been hired by Tishman Construction. Sadly, he was working on the installation of a fall prevention system.

Fortunately, in New York a construction worker is mot limited to Workers compensation. Pursuant To Section 240(1) of The New York State Labor law (the Scaffold Law) the next of kin of the worker are entitled to bring what is known as a Third Party action against Tishman and the owner of the construction site. At least they will be able to receive  compensation for this tragedy.

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location opf the construction accident at 688 Broadway3 construction workers were injured after a steel beam fell 12 stories on a Manhattan construction site last week. The 3 workers were working on a high-end condo development at 688 Broadway in Noho (see picture). The  condo is also marketed as “1 Great Jones Alley”. The 3 workers were hoisting a beam when it suddenly fell. The beam first hit the sidewalk shed and then fell to the ground where the workers were located.  One of them was hit in the head by the beam and was transported by ambulance to the hospital. The two others suffered minor injuries.  The NYC Department of Buildings put a stop work order on the property and issued five violations including failure to safeguard the site. The developer of the site is Madison Realty Capital.

Read more in DNA Info
Picture: courtesy of Google Map

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A worker died and another one was injured in a construction accident in Long Island, NY, last Wednesday. Edward Sinnott, an employee from the construction company Antonio and Sons, was buried to death in 15 feet of dirt. The accident occurred as the 59 year old man was standing on the top of the hole, directing the digging of a new cesspool system for a private home on Beech Place, in Hutington, NY. All of a sudden around 1pm, the cesspool collapsed, submerging Sinnott alive. Another construction worker who was standing next to him was able to survive by grabbing the bucket used to dig in the area. Crews used all types of equipment to try to find the construction worker quickly but his body was recovered  6 hours later. OSHA is now investigating the accident. The house was also reported unstable and unsafe. Read more in the Gothamist Our Partner Howard Hershenhorn recovered $3,500,000 in Suffolk County for the family of a man killed when the cesspool at his home collapsed.

 

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OSHA logoThe announcement of safety actions against employers who recklessly put their employees (particularly construction workers) at risk of deadly or dangerous accidents is one of the tools used by OSHSA to prevent workers from being injured on the job. Last year more than one hundred of theses announcements were made by OSHA over the months of February and March. This year only 4 of them were released by OSHA since Trump took over.

The threat of bad publicity has proven to be a good tool to fight safety and health hazards on the job. Now that the Trump administration has been slacking on announcements of major safety actions some Senators are worrying that  OSHA is unable to do its job properly. In a letter to the Department of Labor, Senators Elizabeth Warren, Patty Murray, Al Franken, Robert Casey Jr., Christopher Murphy and Bernard Sanders are expressing their concerns about OSHA’s recent behaviour. The six Senators are asking the Department of Labor to conduct a review in regards to what seems to be a change of policy at OSHA in regards to the announcement of major safety penalties against employers. The Senators also asked the Department of Labor why OSHA recently postponed the planned implementation of a new safety regulation protecting workers exposed to silica and beryllium which have proven to cause lung cancer and other respiratory diseases.

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Fernando Vanegaz died in a NYC construction accident18 year old Fernando Vanegaz died in a construction accident in Brooklyn, NYC, in September 2015. Two of his colleagues were also seriously injured in the accident. The construction workers were hired by  Michael Weiss an unlicensed contractor who was running an illegal construction site. Michael Weiss asked the workers to dig in an area where the NYC DOB had ordered not to excavate. The workers didn’t have much experience in excavating. When they asked for back up, the contractor ignored them. He also refused to provide any underpinning, shoring or bracing  after workers noticed a crack in a wall. Several times the workers expressed their concern about the crack in the wall, fearing for their lives. The contractor continued to ignore them. Then the tragedy happened, the wall collapsed, killing the young Fernando Vanegaz and seriously injuring two other of his co-workers. Both of them had to go through multiple surgeries for injuries to their spine, skull and facial bones.  The reckless contractor is now facing up to 15 year in prison.

Read more in the New York Times

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