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 Tagged with construction accident

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electric linemenConstruction is the industry that has the highest electrocution deaths among all industries. OSHA identifies electrocution as one of the leading causes of fatality among construction workers. In its latest Quarterly Data Report, the Center for Construction Research and Training (CPWR) is taking a close look at recent electrocution data and proposes solutions to prevent them.

Since 2012 the construction industry rose back from the 2008 recession and so did the number of fatal construction accidents. From 2011 to 2015 fatal construction accidents increased by 26% from 781 to 985 fatalities. During the same period, electrocution fatalities rose by 17% from 70 to 82 fatalities. In average during this period electrocution deaths represented 9% of all construction accident deaths.

Electrocution deaths in the construction industry have been declining since 2003. From 134 in 2003 they recorded their lowest in 2012 with 66 deaths and went back up to 82 in 2015. The rate per 100,000 workers also went down from 1.3 in 2003 to 0.8 in 2015.

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OSHA-inspectorTo prevent workers, especially construction workers, from being killed or injured on the job, the US Occupational Safety and Health Administration (OSHA) conducts thousands of work sites inspections every year. After Trump took over some worried that OSHA power would be diminished and that workers might be exposed to riskier work conditions. So far it hasn’t been the case.

During the fiscal year 2017, OSHA conducted 32,396 inspections compared with 31,948 during the fiscal year 2016.  The average penalty per violation was $3645 during the 2017 fiscal year compared with  $3415 during the 2016 fiscal year. Between 2010 and 2015 there was an average 8.4 $1 million cases reported yearly however in 2017 there were only 6 $1 million cases.

Despite being nominated by the president to head OSHA, Scott Mugno, currently vice president for safety, sustainability and vehicle maintenance at FedEx Ground hasn’t been confirmed by the Senate yet. So far the career OSHA people are still running the show and things are not expected to change dramatically.  This is mainly because the lack of political leadership and the language and requirements of the Occupational Safety and Health Act are preventing deregulation.

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OSHA logoUnder the Federal Occupational Safety and Health Act, some employers in high risk sectors such as construction, manufacturing and building materials are required to report employees illnesses and injuries to OSHA. Until last year these employers reported these data manually in what was commonly called the “OSHA Log”.  The OSHA log commonly refers to:

  • the Log of Work-Related Injuries and Illnesses (OSHA Form 300)
  • the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A)
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New York Forklift Accident Attorney Christopher DonadioOur Construction Accident Attorney Christopher J. Donadio obtained a $1.1 million settlement in a construction accident that occurred in New Jersey.

The case involved a construction accident that occurred on April 15, 2015 on a construction site in Hackensack, New Jersey. On that date, the plaintiff,who was a worker on the job site, was struck by a large forklift, suffering injuries to his left leg and right ankle.

Due to the impact, the plaintiff was taken by ambulance to Hackensack University Medical Center. At the hospital, the plaintiff was diagnosed with fractures of his left leg and right ankle. As a result of the injuries, the plaintiff required a surgery to repair his fractured left leg, and required three surgeries on his right ankle.

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spray foam insulation can be dangerous for construction workersConstruction workers using spray-foam insulation are exposed to chemicals that can lead to asthma and skin conditions if they don’t use adequate protection. Spray foam insulation is one of the most popular choices for home owners to save energy, however some of the chemicals used to make the foam are detrimental to human health.

Spray polyurethane foam contains isocyanates and flame retardant TCPP than can cause severe breathing and skin problems. In a recent webinar from the Center for Construction Research and Training (CPWR)  Dhimiter Bello, ScD, MSc; Associate Professor, University of Massachusetts Lowell explained the results of recent studies and summarized the risks of exposure to dangerous chemicals in spray foam insulation associated with current work practices.

Overall airborne exposure to spray foam insulation are usually below OSHA recommended levels but some risks are still unknowns and under evaluation (see blog from Center for Disease Control and Prevention).  The risk of dermal exposure is elevated for both exposure to isocyanates and TCPP and is a major concern when using SPF applications. Nitrile gloves as well as breathable coveralls such as Tyvek or PP provide construction workers with significant protection when used during spray-foam insulation applications. It is important that Nitrile gloves be at least 5 mil. thick to provide a better resistance to wear and tear.

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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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Falls are the leading cause of death in the construction industryThe Fourth National Safety Stand-Down to Prevent Falls in Construction kicked off Yesterday and will take place everyday this week in New York and all over the country. Employers in the construction industry are invited by OSHA, NIOSH and NORA to take a break and conduct a discussion or a workshop on fall prevention with their workers.

52 workers fatally fell on the job in New York during the recent construction boom. (see previous blog). Fall are the leading cause of death in the construction industry. They account for 37% of all deaths on construction sites. More than half of these fatal falls occurred in small companies that have 10 employees or less. Construction workers aged 45 to 54 years old are the most at risk of dying in a fall.

Last year in the US, 350 hard hats suffered a fatal fall. 1 out of 3 fefalling from ladders preventionll from 15 feet or less and 1 out of 4 fell from a ladder.  Construction workers may have a false sense of security when using a ladder because it is “not that high” but if they are not using them safely they can get killed. Falls from ladders can be prevented by following safe work practices described below.

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Since 2011, 52 construction workers fell to their death in New York City. In its recently published First Quarter Report, the Center for Construction Research and Training (CPWR) is highlighting how the surge in work permits over the last few years is correlated to the high number of fatal falls especially in Manhattan.

Fatal falls in NYC and residential permits issued over the last 6 years
New York City is not the only location affected by a rise in fall fatalities. All over the U.S. as the economy picked up, more construction workers lost their lives on the job. According to recent statistics, 985 construction workers died in 2015. Among them 367 fell to their death.

Ahead of  the 4th Annual National Stand-Down to prevent falls in the construction industry, the CPWR decided to focus its 2017 first quarter report solely on fatal and non fatal falls in the construction industry. The report illustrates how economic ups and downs since the beginning of 2000 affected employment in the construction industry.  It points out the higher volatility in employment for Hispanic workers As of last year Hispanic workers were representing 30% of the construction workers population while in 2003 when the economy was slower they were representing 2.1%. The number of fatalities in construction sites is also highly correlated to the pace of the economy with the number of fall fatalities usually rising faster during an economic recovery. Again Hispanic workers are the most at risk of dying in a fall on a construction site.

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Radio-AntennasConstruction workers exposed to radio-frequency (RF) radiation may suffer personal injury such as blindness and sterility. Construction workers who are wearing pacemakers and other medical devices should also be aware that electromagnetic signals could cause their devices to malfunction. Additionally  recent research has found it possible that such radiation may also be carcinogenic to humans. The long term effects of exposures to radio-frequency radiation is still being studied.  Roofers or construction workers who are performing tasks on sides of buildings or near news gathering trucks are the most at risk of exposure to hazardous level of RF radiation.

In recent years the proliferation of cellular antennas and other devices transmitting electromagnetic signals has lead to health concerns about the danger of potentially harmful exposure to radio frequency signals. In 2014, the National Roofing Contractors Association in association with the United Union of Roofers, Waterproofers & Allied Workers  worked with the Center for Construction Research and Training (CPWR) to reduce the illnesses and injuries in the roofing industry. They created together the Roofing r2p Partnership. This new partnership soon raised concern about the emerging hazard caused by the proliferation of RF antennas and the potential risks faced by construction workers in the roofing industry. As a result, a program was developed by the Roofing r2p Partnership* and the multi-trade labor-management RF Radiation Work Group* to raise awareness about the potential risks of RF radiation.

You can learn more about the new Radio-frequency (RF) Radiation Awareness Program for the Construction Industry in a free webinar that will be hosted by the CPWR on Tuesday April 25th at 2;00 pm ET. During this 45 minutes webinar participants will learn more about the hazard of RF radiation exposure and how workers can be trained to prevent such exposures using the newly developed Radio-frequency (RF) Radiation Awareness Program for the Construction Industry. Click here to register for this webinar. 

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Falls_Are_Leading_Cause_of_Death_Map_InfographicEvery year more than 200 construction workers die and around 10,000 are seriously injured after falling on the job in the US. Falls are the number one cause of death in construction accidents. Most of them are preventable. Planning ahead, using proper equipment and being trained for the job are key to prevent falls from scaffolds, roofs or ladders.

For the fourth consecutive year, the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the Center for Construction Research and Training (CPWR) and the National Occupational Research Agenda (NORA) Construction Sector Council are joining forces to organize the fourth National Safety Stand-Down to Prevent Falls in Construction.

This awareness campaign will take place all over the Country from May 8th to May 12th. Construction companies as well as contractors and their employees are invited to halt regular activities and organize a workshop to develop awareness on safety measures to prevent falls on construction sites. 

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