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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OSHA logoA NY contractor was fined $138,000 for putting his employees at risk of dangerous construction accidents by not respecting multiple OSHA safety rules. OSHA investigators visited a Multifamily Housing Construction site located at 176 E. Denison Parkway in Corning, NY, and found that the contractor Riedman Cos., a non unionized contractor from Rochester, did not set up an enclosed chute to dispose of waste material from heights of 20 feet or more. Additionally, employees working at heights of 6 feet or more were not provided with adequate fall safety such as personal fall arrest system, safety net system and guardrail system.  As a result the contractor was hit with one willful violation and a $121,443 fine for  the absence of fall protection and 2 serious violations with fines of $10,409 for dangerous disposal of waste material and $ 6,940 for unsafe stairways.  The violations are being contested by Riedmans Cos. The total fine was the 8th highest OSHA fine received in the US during the last quarter of 2020.

The highest fine was issued to Fabcon Precast LLC in Ohio after a worker died at their facility. Fabcon was hit with a total of 10 serious and 5 willful violations for a total fine of $451,079 which is now being contested by the company.

The second highest fine was in an amount of $299,825 for a painting and restoration comapny that exposed its workers to methylene chloride and violated lead safety and cadmium standards. The company, Fortune Restoration Painting & Masonry in Illinois had already been hit with similar violations in 2014.

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Jim BakerSome Covid-19 scams can cause personal injury, others will just hurt your wallet.  According to a recent article in Fair Warning, the Department of Justice had received more than 76,000 tips reporting all types of scams related to Covid-19.

Now the limited number of vaccine doses on the market has again triggered the creativity of scammers and thousands of website promoting fake covid-19 vaccine have been shut down by Federal Authorities.  Other scammers are knocking on doors to offer quicker access to the vaccine for money. There is no such thing and you should not give anybody financial compensation to secure a vaccination.  Conmen have also pretended being contact tracers to get personal information such as Medicare card numbers.

Fraudulent unapproved medicine or supplements as well as fake rapid test kits have invaded the market with phony promotions.  At the beginning of the pandemic, evangelist Jim Baker received a cease and desist notification after selling a silver solution that he claimed cured the virus in 12 hours. Another company NameCheap Inc was sued by the US government after selling fake “World Health Organization Vaccine kits online.

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endoscopic surgeryInappropriate cleaning of medical devices especially the cleaning of flexible endoscopes continue to be a significant cause of deaths and serious injuries to patients.

Not adequately processed reusable devices are a main conduit for healthcare associated infections which according to previous reports have caused at least 2 million infections and the death of 90,000 patients.

A  previous study at 3 large American hospitals and published in the American Journal of Infection Control found that more that 70% of reusable medical scopes ready for use on patients tested positive for bacteria.

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8 construction workers died and 502 were injured on the job in New York City in 2020 compared to respectively 11 and 596 in 2019. The slowdown in the construction industry  related to the COVID-19 pandemic in all market sectors, except for healthcare construction, is the main factor behind this decline. Additionally Local Law 196 which was signed in 2017 but took effect in 2019 might also have contributed to a decrease in construction accident deaths and injuries in New York City. Local Law 196 requires that construction workers take a 40 hour safety training course and supervisors 62 hours safety course to be able to work on a NYC construction site. Most construction accidents are preventable and often occurred when workers lack sufficient knowledge or training.

NYC Construction accident fatalities decreased in every boroughs except for Brooklyn.

Construction Accident Deaths NYC 2020
Manhattan is the borough that saw the most significant decrease in construction workers fatalities in 2020. Two construction workers died in accidents in Manhattan last year compared to respectively 6, 6, 7, 5 and 7 in 2019, 2018, 2017, 2016 and 2015. It is the fist time over the last 5 years that the number of construction accident fatalities in Manhattan is that low.

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A nyc school teacher was arrested for having sex with an underaged victim. 31 year old Zeshaan Naqvi is a teacher at The Young Women’s Leadership School in Jamaica, Queens, a girl only NYC public school serving more than 500 girls in Grades 6 through 12.

The teacher knew that the victim was underage

The sexual predator who lives in Queens Village in NYC met his victim, a teenage girl, online and knew she was underage. They chatted online for 3 months after which the teacher booked a flight ticket to Tampa and a hotel room on Falkenburg Road in Tampa, FL.

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1200px-Harlem_condemned_buildingTo prevent accidents related to façade collapse or falling debris, any New York City buildings of six stories or higher must have its façade inspected every five years  as part of what is known as the “Façade Inspection Safety Program”. This program was started in 1980 after Grace Gold, a Columbia University student, was killed by falling debris on a Broadway sidewalk. It was originally called Local Law 10 which then morphed into Local Law 11 as the DOB tried to improve the inspection  process.

Despite the regular inspections,  falling debris from defective façades continue to kill and injure pedestrians.  Last year multiple cases of façade collapses including a dramatic accident during which architect Erica Tishman was killed by falling masonry, lead the Department of Buildings to issue a new amended rule for façade inspections in New York City just before the start of the 9th Cycle Façade Inspection Safety Program (FISP) starting on February 20.

Penalties are going up

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accident scene28,190 people died in car accidents in the US in the first 9 months of 2020 compared to 26,941 during the same period of 2019.  This represents a 4.6% increase in car accidents fatalities in the US while at the same time the umber of miles travelled decreased by 14.5 %.  These numbers are early estimates recently published by the National Highway Traffic Safety Administration.

First a decline during the lockdown and then an explosion of deaths

While looking at each month’s fatalities, data show that during the lock down fatalities declined significantly and then exploded after things gradually reopened. In March 2020 car crash fatalities in the US were down by 7.7%, in April by 19% and in May by 2.7%. Then, in June  2020, crash deaths increased by 16% compared to June 2019, by 13% in July, by 13% in August and by 13% in September.

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the building from which the roofer fellA 27 year old construction worker fell to his death in Suffolk county, NY, yesterday afternoon. Hector Aranda-Sanchez was working on the roof of the Four Seasons Sunrooms and Windows company located at 5005 Veteran Memorial Hwy in Holbrook, NY, when he fell. Aranda-Sanchez was rushed to the hospital but he did not survive his injuries. The young man who was from Peekskill, was working for a Yonkers based roofing company according to the police. Investigation is still ongoing to find out the exact conditions of the accident.

Earlier the same day and also in Suffolk county, a landscaper lost his life after he fell from a tree. 51 year old Vicente Oliver was trimming a tree on property located on Bluebird lane in West Hills. The man was sitting on a branch that gave way and he fell 40 feet to the ground.

It is unclear if any of the two men were wearing required safety equipment.

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the overpass where the bus fell from8 passengers and a driver were injured in a MTA bus accident last week. The driver lost control of the bus and  plunged from an overpass, leaving the articulated bus dangling over an expressway in the Bronx.

The accident occurred as the articulated bus was on the University Avenue overpass above the Cross Bronx Express Way. According to preliminary investigation speed was a factor in the accident. As he made the turn to get on the  overpass, the driver’s speed was between 17 and 26 mph while the safe speed for such a large bus should have been 3 to 4 mph.  He lost control of the bus, teared through a metal gate and plunged 50 feet over the overpass, leaving the accordion bus dangling from the overpass with its nose on the expressway below. The bus driver was able to extricate himself from the bus and help other passengers to get out of the bus. he suffered jaw, leg and knee injury. 8 other passengers were injured including two seriously. They were all transported to the hospital.

https://twitter.com/ADiLorenzoTV/status/1350026084398600194

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3 people were injured in a car accident in Queens, NYC. A driver lost control of  his car and  crashed into a Popeyes restaurant located on Hillside Avenue in Queens Village on Sunday afternoon. The car barreled into one of the floor to ceiling windows  and crashed into the condiment station. The entire car ended up in the restaurant in front of the counter. 3 people, including one customer were injured and transported to the hospital.

Also yesterday in Queens, an off-duty police officer crashed his SUV into a private property. The car ended on its roof in the lawn of the property. Some of the occupants might have been injured.

https://twitter.com/CurbJumpingNYC/status/1351010584297435139