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.
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Fall Prevention Campaign887 workers lost their life after falling at their job sites in 2017 according to the most recent data from the Bureau of Labor Statistics. This is the highest number of fall deaths ever recorded by the BLS since the agency started to track these numbers almost 30 years ago. Fall fatalities account for 17% of all job-related fatalities and 40% of all construction job-related fatalities.

The most at risk are often construction workers with little training and experience who have been hired to work on construction sites after the recent boom in construction led to a labor force shortage in the industry. 60% of construction workers who died in a fall in 2017 were working for small companies (1 to 10 workers). As a comparison small construction companies only hire a third of the workforce in the construction industry in the US. Small companies are often hired for residential construction, a sector where fatal falls more than doubled between 2010 and 2015. Hispanic workers are the most at risk of dying in a fall accident. Language barrier, little training and also the fear of immigration authorities preventing undocumented workers to report dangerous conditions to OSHA are among the factors that led Hispanic workers to perform some of the most dangerous jobs in the construction industry.

Fall related violations are the most common OSHA violations

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tractor-trailer-accident-locationThe driver of a tractor trailer died in an accident in New York City yesterday afternoon. According to the police, 63 year old Atlas Banks may have suffered a heart attack while he was driving his Freightliner tractor trailer Thursday afternoon in the Bronx. As he was making a left turn onto Coster from Randall, the tractor trailer jumped the curb and hit a pole. Then the truck just kept going hitting a parked car with passengers on board and a parked pick-up truck. The pick up truck then hit two other parked vehicles.

The driver of the truck was rushed to the hospital but he couldn’t be saved. The front passenger of the parked car suffered neck and back pain and was transported to the hospital to be treated. Read more in the NY Daily News

Keeping in shape while driving a truck is not always easy

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93,800 people were injured in an ATV accident and treated in a hospital in 2017 compared to 150,900 in 2007. 295 died in 2017 in an ATV accident compared to 832 in 2007. While still being dangerous and accounting for a significant number of injuries and deaths to adults and to children, a recent report from the CPSC indicates that ATVs have been getting safer over the years.

ATVs are not only popular with teenagers but also with children.  Among the 93,800 people who check into emergency rooms for ATV injury, 24,800 or 26% of them were younger than 16 and among these 24,800 47% of them or 11,700 were younger than 12.  In 2007 among the 150,900 people injured in ATV accidents 27% of them were younger than 16-year-old and half of them were younger than 12-year-old.

Among the various age categories the most significant decline of injuries over 10 years was recorded among the 16 to 24- year-old category.

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NYC-Personal-Injury-Attorneys-Rubinowitz-Torgan-SaghirIn an article published Today in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz,  Evan Torgan  and Peter Saghir discuss trial techniques to secure winning verdicts.

One of these techniques is to FRAME an issue that can be explored during cross examination, reinforced during final argument and one that leaves the jury with an indelible impression that will last well into jury deliberations.

Our managing partner, Ben Rubinowitz, has been recognized for his expert commentary in the NYLJ for the past 19 years.

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311 E. 50th Street scaffolding accident locationA stone fell on the head of a NYC construction worker and killed him on Monday. 51 year old Nelson Salinas from Queens was on a scaffold, repairing the facade of  an Upper East Side residential building in Manhattan when the accident occurred.   A delivery man saw him dangling in midair with his head covered in blood and called 911. The worker was rushed to the hospital but he couldn’t be saved.

Nelson Salinas who was employed by Vlad Restoration, was performing minor facade repair on a suspended scaffold system. He was located at the 7th floor level of the 14-story building locates at 311 E. 50th Street near Second Ave when a coping stone that may have been knocked loose by the equipment used to secure the scaffolding to the facade fell on his head.  According to the Department of Buildings investigators the stone was a piece of the building’s parapet.  Read more about the accident in the NY Daily News

Preventing NYC Scaffold Accidents

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A terrifying video surveillance footage showing a speeding car striking a young pedestrian in the crosswalk in New York City was released by the police in the hope of finding the car driver.

The video shows a Dodge Challenger racing down 47th Street, a residential street in Borough Park, and hitting 14 year old Xin Yi Wang at full speed sending her flying across Ninth Ave. The pedestrian who was in the crosswalk and had the right of way at the time of the accident was almost hit by another vehicle after she landed on Ninth Avenue . The driver of the car, a white woman in her 30/40ies, stopped the car and stepped out of it to check on the victim. She asked her if she could bring her back home and the victim refused. Then a witness called 911 and the driver left the scene of the accident.

Amazingly Xin Yi Wang survived the crash and only suffered bruises to her torso and legs as well as a big bump on her head.

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accident sceneTwo more pedestrians died in traffic accidents in NYC at the end of last week. One was hit by a bus and the other one by two cars. A total of 51 pedestrians and cyclists died in traffic accidents since the beginning of the year, an increase of 30% compared to the same period of 2018.

Struck by a reckless driver

On Friday night a pedestrian was killed in Queens. The man whose identity wasn’t revealed, was crossing Sunrise Highway in the crosswalk when he was hit by 62 year old Renford Tait.  The pedestrian fell to the ground and was struck by another car. Both drivers stayed at the scene of the accident. The first driver who failed to yield to the pedestrian while making a turn from Brookville Boulevard onto Sunrise Highway was also unlicensed. He was charged with failure to yield to a pedestrian and failure to exercise due care. The other driver wasn’t charged. The intersection is notoriously dangerous and known for speeding. Last year 126 crashes resulting in 58 people getting injured occurred at the intersection. Read more in Streetblog

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New York State hospitals and especially New York City hospitals and nursing homes are the institutions the most affected in the country by Candida Auris, a dangerous fungal infection resistant to most medications. The disease already killed a patient at Mount Sinai hospital last year and 309 cases have been confirmed in New York and 109 in New Jersey out of a total of 587 for the entire country.

Hospitals that have been contaminated by Candida Auris germs report that it is very difficult to eradicate it in the facility. It takes special cleaning equipment. Sometime tiles have to be ripped of the walls to get rid of the bug.

Candida Auris a hospital superbug invades New York

If  a loved one is in a nursing home or at the hospital ask if they had any cases of Candida Auris

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cop injured in motorcycle accidentA reckless NYPD officer hurt himself riding a dirt bike. The officer rode the bike without a helmet,  blew a red light and almost collided with a car before loosing control of the motorcycle and crashing into another vehicle. The officer suffered a minor leg injury and was treated at a nearby hospital. Thankfully nobody else was injured in this motorcycle accident, however the incident is under internal review by the NYPD after a video went viral on the internet.

In the video the officer is seen getting on the bike without a helmet, popping a wheelie and then crossing the intersection of  135th Street and Lenox. The cop went right through the red light, not even looking for crossing cars or pedestrians. He almost got hit by a car and completely lost control of the bike as he tried to swerve around it. He then fell on the ground while the bike hit another car. Other police officers ran to the rescue. He was sent to the hospital to be checked.

Previously the officers were trying to arrest a man driving the dirt bike recklessly …

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5 people were injured in a New York MTA bush crash. The bus was riding down 58th street and crossing Woodside Avenue in Queens, NYC, when  a speeding Honda that was driving in the same direction blew a red light behind the bus and crashed into the side of the bus.  The impact caused the MTA bus to jump the curb and crash into the storefront of Bagel Plus deli.

At the time of the accident, the bagel store was still closed but two employees were already working inside. The manager, 42 year old Polo Perez, was setting up the coffee station  when the bus crashed into the window. He rushed to turn off the grill and the oven and ran into the back of the store where another man was working. Neither of them were injured in the accident but the storefront was completely destroyed.

It was a miracle that so few people were injured in the bus crash