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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construction site where the elevator accident occurredA construction worker was found dead in an elevator on a New York construction site on Sunday morning.  The man was identified as 53-year-old Stephen Simpson, a native of Jamaica who previously served in the army and was currently working for Patriot Electric. The last time Simpson was seen alive was last Saturday afternoon at 3:00 pm. Simpson had just finished his shift at a construction site at 555 Ten, a 56-story Manhattan luxury condominium building located at West 41st Street and 10th Avenue. As he was about to leave the site with his co-workers he told them that he forgot some personal effects and had to go back inside to retrieve them.  That’s the last time he was seen alive.

A security guard found his body at 7:00 am on Sunday. His head was trapped between the elevator floor and the elevator door frame of the 5th floor.  Investigators believe that Simpson used the elevator and that while he was riding it, the building power was shut off by the crew leaving the site. Simpson got stuck inside the elevator. It is unclear why Simpson didn’t use his cell phone to call for help. Instead, he forced the elevator doors open. However as he was climbing out of the elevator, the cabin moved upward and crushed him against the door frame. Investigators don’t know yet if he died immediately as his body was only found the following morning.  His body is now at the City medical examiner’s office where they will determine the time and cause of the death.

Stephen Simpson was married to Crystal Simpson and they were supposed to celebrate their son’s birthday. He was supposed to take his son and his wife  to the store to buy a bicycle for his son. Stephen and Crystal were married for 10 years. His wife told the News “He loved our son to death and he’d get him anything, he’d do anything for him”.

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A construction worker suffered critical personal injury while working on the top of an office building in Manhattan last Tuesday afternoon around 1:30 pm. For  some reason that is still being investigated the construction worker was zapped by high voltage electricity. The man was working on the rooftop of a 29th floor landmarked office building located on Park Avenue near East 32nd Street when the accident occurred.  He was transported to the hospital in critical condition. ( Read more in the NY Daily News)

Last week another construction worker was seriously injured at the Brooklyn Navy Yard according to DNA. The accident occurred at a dry dock located at 63 Flushing Ave around 10:30 am last Thursday. The hard hat was transported to the hospital. He is now in stable condition.

The construction boom in New York City has led to a dramatic increase in construction accident injuries and deaths over the last few years, the majority of them occurring at construction sites hiring non union workers. Mayor Bill de Blasio is working on a proposal to increase training for all construction workers in an effort to decrease accidents on construction sites (see previous blog)

 

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construction accident locationIt’s a miracle nobody was injured in a construction accident that occurred yesterday around noon on 58th street near Columbus Circle. Construction workers were moving material in an exterior elevator when it got jammed on the 17th floor. A large and heavy metallic ramp that connected the elevator to the building fell busy 58th street, prompting pedestrians to run for cover. The elevator contained a crate packed with 2 tons of glass window panels.

After the metallic ramp gave way, the crate was partially in the elevator and partially dangling outside creating a major danger  for cars and pedestrians below. The street had to be closed for several hours until the FDNY could figure out how to safely remove the heavy load of glass from its unsafe location.  The construction site is located at 217 W57th Street. It is the site of the Central Park Tower a super tall building being developed by Extell. This project is expected to be the largest sellout ever in City history with 20 of the condos priced over 60 million per unit.

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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.

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Picture: courtesy of Google Map