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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Orchard beach and the pavilion where the construction accident occurred

2 construction workers suffered serious personal injury after a ceiling collapsed on them during renovation work at the Orchard Beach Pavilion.

Construction accidents can have severe consequences, not only for the workers involved but also for their families and the construction companies responsible. Last week’s accident at the Orchard Beach Pavilion renovation project in the Bronx has once again highlighted the importance of prioritizing safety on construction sites.

Last Thursday morning during the refurbishment of the 140,000 square foot Orchard Beach Pavilion, tragedy struck when a massive cement ceiling collapsed on two workers. Employed by Titan Construction, the men found themselves temporarily trapped under a 20-foot by 15-foot slab of concrete. Prompt action from the New York City Fire Department (FDNY) resulted in their rescue and subsequent transfer to the hospital.

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NYC construction workers have a high risk of fatalitiesAs construction accident attorneys in New York, we have witnessed the devastating consequences of heat-related injuries among construction workers.

The parents of Tim Barber, a young construction worker who tragically lost his life due to heat stroke on his second day at a new job Upstate NY, have been tirelessly raising awareness about heat-related illnesses. They have played a crucial role in advocating for a New York bill called the Temperature Extreme Mitigation Program, aimed at amending the state’s labor law to provide broader protections against the risks posed by heat and cold stress. Regrettably, despite their efforts, the bill did not successfully pass into law.

With the summer months upon us, it is crucial to shed light on this pressing issue and explore preventive measures that can ensure the safety of construction workers during the summer. By recognizing the risks associated with heat exposure and implementing appropriate safety protocols, we can protect construction workers from the debilitating effects of heat-related injuries.

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proper house cleaning on construction sites can prevent dangerous fallsLast Thursday at around 9:09 a.m., a worker was injured after he fell between buildings on the construction site of a two-building affordable housing complex located at 151-165 Broom Street in the Lower East Side. The fall occurred from a height of approximately 30 feet, equivalent to three stories. Fortunately, the New York City Fire Department (FDNY) successfully rescued the worker by cutting open a wall to access the gap. Rescuing the trapped worker was far from easy. Despite the difficulties, the rescue team remained diligent in their efforts to extract the worker unharmed.

Contractor Negligence

The preliminary report released by the Department of Buildings (DOB) revealed significant oversights on the part of the contractor. The worker had fallen from a pipe scaffolding on the building’s third floor that was found to be covered in debris, posing a hazardous working environment. Most alarmingly, the area between the two buildings where the worker got stuck was left uncovered, leading to the life-threatening fall.

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June is trench safety stand downLast April a devastating trench collapse at a construction site in John F. Kennedy International (JFK) Airport claimed the lives of two workers, Francisco Reyes, 41, and Fernando Lagunas Pereira, 28. The tragic accident occurred when the trench in which Reyes and Pereira were working suddenly collapsed, burying them under debris. Despite rescue efforts, both workers lost their lives at the scene.  This horrible construction accident highlights the need for a comprehensive review of safety practices. It is crucial for authorities, construction companies, and regulatory agencies to collaborate and conduct a thorough analysis of the incident to identify any lapses or gaps in safety procedures.

Last year in the US, 39 construction workers died in trench collapse. Trench collapse accidents are preventable and usually occur because of negligence for several reasons:

  • Lack of Proper Planning: Trench accidents can be prevented through careful planning and assessment of the work site. Negligence may arise if there is a failure to adequately plan the excavation process, including conducting a thorough analysis of the soil conditions, identifying potential hazards, and implementing appropriate safety measures.
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ambulance at accident sceneThree construction workers suffered burn injuries at a construction site in the Bronx on Monday afternoon. These workers failed to provide proper proof of training and did not possess a permit for using a propane torch. They were performing a waterproofing job near Holland Avenue and East Gun Hill Road when the incident occurred. The workers were burned as some of the waterproofing material caught fire. The severity of the incident prompted a massive response from the Fire Department of New York (FDNY).

The construction site in question has become a hotbed of safety violations, with New York City issuing over 25 violations in the past year alone. Shockingly, twelve of these violations are still open and directly relate to construction safety concerns. This pattern of negligence is deeply concerning and suggests a lack of commitment to providing a safe working environment for construction workers. On the day of the incident, five new violations were issued, further illustrating the disregard for safety protocols.

History of Stop Work Orders

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construction workers have a high risk of fatalityThis week is “Construction Safety Week”, an annual awareness campaign to reduce construction accident injuries and fatalities. As attorneys representing injured construction workers and their families we strongly advocate for the theme of this year’s Construction Safety Week: Strong Voices, Safe Choices. It’s time for construction workers to empower each other to speak up and take action when they see something unsafe.

Each day of the week, employers are invited to discuss with their workers a different safety topic. Here are the topic for each day of the week.

 Monday: Engagement

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NYC construction workersConstruction sites are one of the most dangerous places to work, and the risks are amplified when workers do not receive proper training on safety protocols. Unfortunately, three individuals in Brooklyn have been indicted for allegedly forging and selling fake safety cards to construction workers who never received the required training. As NYC construction accident attorneys, we know that this kind of fraud is not only illegal, but it also puts workers’ lives at risk.

Among the 3 people arrested, one was authorized by OSHA to train construction workers but would sell cards without providing training

Latecia Moore, Alex Kaushanskiy, and Benedetto Bonello are accused of creating and distributing fake safety cards to construction workers, indicating that they had completed the required safety courses approved by OSHA or Site Safety Training certification. Moore allegedly made and sold fake cards to customers for $200 to $650 each, while Kaushanskiy’s company, Odessa Safety, sold phony cards without providing the training. Bonello, who is authorized by OSHA to train workers, allegedly sold fraudulent cards without providing the required training.

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Bronx DA ClarkThree contractors have been indicted by the Bronx District Attorney’s office for manslaughter and criminally negligent homicide charges in the death of a construction worker. The victim was Segundo Manuel Huerta Mayancela, who was crushed by 1,000 pounds of debris at the construction site in 2019. 5 other construction workers suffered injury in the accident. The contractors involved in the incident have been charged for falsifying credentials, flouting safety standards and disregarding worker’s protections.

The contractors were charged for creating egregiously dangerous conditions at the building site, where they flouted building safety codes and ignored worker’s protections. According to the investigation carried out jointly by the NYC Department of Investigation and the Bronx DA, the contractors falsified credentials and permits and ignored oversight requirements, creating a dangerously unstable structure that led to Mayancela’s death.

The Bronx DA, Darcel D. Clark, said that the death of Segundo Manuel Huerta Mayancela was entirely preventable and that the construction site was a death trap waiting to happen. She emphasized that workers are not expendable, and anyone who puts construction workers at risk in an already hazardous profession would be held accountable. Clark also highlighted that the case predates the Carlos’ Law, which was enacted to create greater accountability for tragic and avoidable injury to workers at New York construction sites and increase penalties for criminal corporate liability for the death or serious physical injury of an employee.

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Factors in New York construction worker deaths in 2021Construction sites are inherently dangerous, and falls are one of the leading causes of death and injury in the industry. That’s why it is essential for construction companies to provide their workers with fall protection equipment and follow the safety standards set by the Occupational Safety and Health Administration (OSHA). Unfortunately, some companies prioritize profits over their safety, and the consequences can be deadly.

A recent case in point is the ALJ Home Improvement Inc. of Nanuet, New York. Despite being cited for 33 violations in seven federal workplace safety inspections in the last four years, including nine willful failures to provide required fall protection, the company was again found to be exposing its workers to potentially lethal harm just six months after an unprotected employee’s fatal fall. This time, an inspector with OSHA observed three employees on a roof 18 feet above the ground without required fall protection.

ALJ Home Improvement’s callous disregard for the law and the safety of its workers is unacceptable. OSHA Area Director Lisa Levy, stated that “the company repeatedly refuses to comply with OSHA standards and make worker safety a priority, choosing instead to put profit over the lives of its employees. The reality is that a safe workplace is actually a more profitable workplace.”

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leading causes of NYC construction accident fatalities
Last year’s construction worker fatalities and injuries reported in the NYC DOT “2022 Construction Safety Report” reinforce the importance of the New York Labor Law Section 240, also known as the “scaffold law” or “scaffolding law”, that holds owners and/or general contractors strictly liable for construction workers who suffer injury or died as a result of missing or inadequate safety equipment at elevated work sites.

The report highlights a significant increase in construction activity in 2022 in every neighborhood in New York City, especially in Brooklyn and Staten Island, with an 11% increase in initial permits for new projects and a 122% increase in initial permits for new building projects. The increase in new building permits is attributed to developers obtaining permits before the implementation of the 2022 NYC Construction Codes and the expiration deadline of the 421-a tax program. Additionally, there was a 15% increase in initial demolition permits issued and a 9% increase in the issuance of Final Certificates of Occupancy for completed projects.

The rise in construction activity in the city also led to a rise in accidents, with falls remaining the number one cause of fatalities in the NYC construction industry

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