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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AzureNYCcraneaccident.jpgThe long legal battle that ensued after two construction workers died in a crane collapse on 91st Street and First Avenue in Manhattan in 2008 just took another unexpected turn last week.

After the owner of New York Crane and Equipment Corporation, Jame Lomma, was cleared of all charges in a criminal prosecution in 2012 a judge just declared a mistrial in the civil lawsuit against the construction magnate because he was hurt in a bad car accident and was still in the hospital.

The families of the victims, Donald C. Leo, the crane operator and Ramadan Kurtan, a sewer worker, who were suing James Lomma for wrongful death, will have to wait at least until September to pursue their fight for justice.

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In 2012, 300 construction workers died and thousands of them suffered severe personal injury as the result of a fall. Year after year, falls are the leading cause of death in the construction industry. They can often be prevented by planning ahead to get the job done safely, providing the right equipment to workers and training workers to use equipment and tools safely. To raise awareness about this major safety issue, OSHA will host a National Safety Stand-Down from June 2nd to June 6th. Large and small employers have already committed to voluntary stop work to discuss fall hazards and prevention during this week. OSHA is hoping to reach 25,000 employers and 1 million construction workers.

To learn more about it click here

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New York Construction worker Kyle Brown died because his contractor MTL Design Inc. failed to provide and ensure the use of fall protection safeguards according to OSHA. In its investigation OSHA discovered that Brown was wearing a fall protection harness but it was useless because the contractor didn’t provide workers with a mean to connect to an independent anchorage point to stop a fall.

Brown was installing a metal decking on the top of the roof of an automobile dealership in construction in Pulasky, NY when he was blown off the roof by a wind gust and fell 24 feet to his death.

Read more in the OSHA Press Release

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Construction Accident Injuries are often catastrophic and the pain and suffering endured by the victims will last until the end of their life. In her recent blog for the Huffington Post “Astoria Characters; The Forgotten Hero”, Nancy Ruhling meets with Nick Pavlou, the construction worker who became known as the Hard-Hat Hero in October 1996 after he risked his life to save a woman’s and her son and granddaughter from a crane accident. His partner Paul Foti who was the crane operator died in the accident. Nick was crushed by the 6-ton boom and doctors thought he would never survive and if he would he could never be able to walk again. After 60 surgeries, Nick is alive and on good days he can walk for four blocks.But Nick’s life will never be the same again and the pain and suffering is present everyday..

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A new report entitled “ It’s No Accident, Examining New York’s Workplace Deaths and the Construction Industry” and published by the New York Committee on Occupational Safety and Health (NYCOSH) looks at deaths related to construction accidents in New York.

The reports starts with a list of the names of the 23 construction workers who died on the job in New York last year before providing a comprehensive review of the recent construction fatalities. The report demonstrates that construction has the highest rate of fatality among all industries and that the majority of people dying on the job are immigrants. Age is also an important factor in construction site fatalities: 37% of the workers who died were above 55 year old. Statistics also show that a quarter of the construction workers who died were self employed.

Because there are only 71 OSHA Health and Safety Inspectors in New York State, it is impossible for OSHA to adequately enforce construction site safety standards. Adding to that OSHA penalties are so low that they are not an incentive for employers to make the workplace safer. In 66% of the construction sites that OSHA inspected there was at least one violation of a safety standard. This high prevalence of safety violations in the construction industry is an indicator that many injuries and deaths were preventable.

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Labor Law 240 known as The Scaffold Law protects New York construction workers from elevation related construction accidents. Recently the construction industry and real estate developers have been making another legislative push in Albany to change the law to their advantage. In response to this push, New York Governor Andrew Cuomo said last week in an interview with the Crain’s editorial board that he had no intention to change the law. Cuomo said that changes to Labor Law 240 were not a top priority for business interests or for him.

Cuomo also added that the law couldn’t be changed because of the strength of its supporters, particularly the New York State Trial Lawyers Association. The trial lawyers as well as immigrant rights and community organizations support the law because even though it is not perfect it remains the only way to make sure construction workers are adequately protected from dangerous accidents.

Read the Crain’s article

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Worker%27s%20memorial%20day.jpg In New York City, a memorial including the Hardhat Procession into the Cathedral will be held this afternoon at St Patrick’s Cathedral during which OSHA’s Manhattan Area Office Director Kay Gee and Labor Liaison Laura Kenny will read names of construction workers killed on the job in New York City over the past year.

Other events will be held by OSHA and by other occupational safety activists and unions such as CSEA all around New York State and around the country.

Every year in New York close to 70,000 workers will suffer personal injury or illness related to their job and hundreds of them will die on the job.

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the 2014 NYC Construction Codes include new enhanced standards to prepare buildings for extreme weather in the wake of Hurricane Sandy and the DOT is organizing training events to inform the industry professionals about these changes.

The seminar will provide an overview of the changes made to the NYC Construction Codes as part of the NYC Department of Buildings Code Revision process and by other local laws passed by The City Council in the wake of Hurricane Sandy, collectively known as the 2014 NYC Construction Codes.

These training events will be held during the months of April May and June in New York City. The complete schedule can be found here.

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scaffold.jpg New York Labor Law Section 240 or Scaffold Law was enacted more than 100 years ago to protect construction workers from elevated work related accidents. It holds general contractors, owners and others liable if unsafe conditions at the job site lead to a worker’s injury or death (to learn more about NY Labor Law 240 see recent presentation by NY Construction Accident Attorney Anthony Gair)

The construction industry has been trying to repeal and amend this law since it was created and the last attack came with a report entitled “The Costs of Labor Law 240 on New York’s economy and Public Infrastructure” and published by the The Nelson A. Rockefeller Institute of Government, the public policy research arm of the State University of New York. The report uses questionable statistic methodologies to blame The Scaffold Law for creating more accidents and more injuries.

The Center for Popular Democracy (CPD) discovered that the report was actually commissioned by the New York Civil Justice Institute, a front group that was specifically created for this purpose by the Lawsuits Reform Alliance of New York who paid $82,800 for it. The Lawsuits Reform Alliance of New York is well known for lobbying against laws protecting plaintiffs in favor of the construction industry and other corporate interests. The CPD and the New York Committee for Occupational Safety and Health (NYCOSH) just published a paper entitled “Fatally Flawed: Why the Rockefeller Institute’s Scaffold Law Report Doesn’t add up”

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After a worker fell to his death at a NYC midtown construction site, the city issued a full stop work order at the site.

The Department of Buildings issued 41 violations including 6 for work without a permit. Other violations included failure to safeguard persons or property; failure to report an accident; no record of daily inspection of suspended scaffold; work doesn’t conform to approved plans; failure to provide approved plans; failure to provide guardrails; and failure to provide protection.

When the accident happened, the worker, 34 year old Lukasz Stolarski of Brooklyn, was doing facade restoration work. He wasn’t wearing a harness and fell from a ledge he was standing on between the roof and the penthouse. He landed on the top of the sidewalk shed at the 424 West 33rd Street construction site resulting in his death.

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