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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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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Our partner, New York Construction Accident Attorney Anthony Gair was recently invited by the New York State Bar Association to speak about New York Labor Law Section 240 also commonly known as the scaffolding law. Here is his presentation.
To learn more about Construction Accident Law in New York visit our website

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Our partner, New York Construction Accident Attorney Chris Sallay was the chair of the Litigating Construction Site Accidents NYC 2014 seminar presented by the New York State Bar Association last Friday . In this video Chris Sallay provides tips and demonstrates how to present an opening statement in a New York Construction Accident case.
To learn more about New York Construction Accident Law click here)

//www.youtube.com/watch?v=P46y1a_5Mu4

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Sallay%20and%20Hershenhorn.pngNew York Construction Accident Attorneys Chris Sallay and Howard Hershenhorn from Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz will be the Co Chairs of the Litigating Construction Site Accidents Seminar presented by the New York State Bar Association.

Our managing partner, Ben Rubinowitz will be the local chair for the Long Island Session and our Partner Anthony Gair will be a panel member for the NYC Session. Chris Sallay will also be a panel member at the Long Island Session.

New York Personal Injury Lawyers (plaintiffs and defense), liability insurance carriers in house counsel, workers ‘compensation lawyers, municipal lawyers as well as lawyers representing construction companies, general contractors and sub-contractors are invited to attend this program.

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How to prevent construction accidents in New York? The NYC Department of Buildings seminar “2014 Build Safe” is an event during which engineers, architects and construction experts will outline recent New York industry trends and discuss a vision for the future of construction operations in the City.

The program also includes several construction safety courses for professional credit.

Click here to register or learn more about it

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