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 NYC

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Location of the fatal Construction Accident at_Hudson_YardsBy the NYC Construction Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Recently, a fellow construction worker lost his life on a major New York City tunnel project. The death of 52-year-old Jorge Sanchez, who reportedly had worked a 35-hour shift just days before his fatal fall, serves as a stark reminder of how speed, pressure and unsafe conditions converge in the construction industry.

According to his co-worker and close friend, the project had been running behind schedule, and management demanded extended shifts to “catch up”. Sanchez and the co-worker both reported working extremely long hours over the prior weeks.

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The building where the deadly collapse occuredA fatal construction accident in Cypress Hills, Brooklyn, has placed the spotlight squarely on the property owner’s failure to maintain a safe structure. Following the collapse of a parapet wall that killed a 58-year-old worker, New York City Department of Buildings (DOB) inspectors documented severe façade defects at the one-story garage located at 113 Sunnyside Avenue.

The Deadly Collapse

The accident occurred just before 3 p.m. on Tuesday, when the worker was struck in the back by a collapsing parapet wall while on the roof of the garage, which shares a lot with a six-story building at 224 Highland Boulevard. Emergency responders removed him from the roof using an aerial ladder, but he was pronounced dead at Brookdale Hospital.

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location of the Brooklyn Crane AccidentA tragic incident unfolded in Brooklyn last Thursday when a crane partially collapsed onto an apartment building. This unexpected and alarming event has raised significant concerns about construction safety and regulatory compliance. As seasoned crane accident lawyers, it is imperative to delve into the legal implications of such incidents, emphasizing the need for strict adherence to safety protocols and the rights of affected parties.

The accident occurred at approximately 2:30 p.m. at 1442 44th St., where workers were using a boom truck to lift steel beams over a three-story building. According to the city’s Department of Buildings (DOB), part of the boom broke off, landing on the apartment building’s roof and in the backyard of a neighboring home. Miraculously, no injuries were reported despite the potential for a catastrophic outcome.

Emergency responders, including firefighters, police officers, and paramedics, swiftly arrived at the scene. All construction workers and residents were accounted for, and the intact portion of the boom was safely retracted. The investigation by DOB inspectors began immediately, focusing on determining the cause of the break and potential enforcement actions.

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location of the deadly accidentValor Security & Investigations, along with six of its employees, was charged with enterprise corruption among other offenses for selling bogus safety training certifications. These certifications, crucial for construction worker safety, were allegedly issued without providing the mandated 40-hour safety course.

This sham operation, which involved about 20,000 students, tragically includes a construction worker who died after a fall from an Upper West Side building—a direct consequence of the fake certification provided by Valor.

The legal ramifications of this indictment are significant. For the company’s executives, the charges could lead to up to 25 years in prison if convicted. Beyond the immediate legal consequences for those directly involved, this case highlights the broader issue of accountability in construction safety.

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OSHA logoAs construction accident attorneys in New York City, our commitment lies in ensuring the safety and well-being of workers in the construction industry. We are dedicated to upholding the rights of workers who have suffered due to the negligence of employers. A recent case highlights the importance of enforcing safety regulations in construction and the consequences faced by a New York contractor for willfully exposing employees to dangers that led to a fatal trench collapse in Brooklyn in 2018.

In September 2018, a horrific trench collapse in Brooklyn resulted in the tragic death of a worker. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, revealing shocking negligence on the part of the contractor, WSC Group LLC. The OSHA investigation found that WSC Group LLC had willfully failed to provide an adequate protective system for employees working in the trench. This negligence exposed workers to serious excavation hazards that ultimately led to the worker’s death. The gravity of the situation was undeniable, and OSHA issued citations against the company.

WSC Group LLC, however, chose to contest OSHA’s citations before the Occupational Safety and Health Review Commission. The case took an unexpected turn when the Kings County District Attorney’s office pursued a criminal case against the company’s owner, Jiaxi “Jimmy” Liu. In March 2023, Liu was convicted of criminally negligent homicide and other charges related to the trench collapse.

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659 Flushing Ave in Brooklyn where the construction worker was injured in a trench collapse A construction worker was trapped and seriously injured in a trench collapse at 659 Flushing Ave. in Bushwick, Brooklyn, NYC. The heroic efforts of firefighters saved his life, but this accident serves as a stark reminder of the dangers faced by construction workers and the need for increased safety measures.

On the morning of July 18, the sides of an excavation site at 659 Flushing Avenue gave way, burying a construction worker under approximately three feet of debris. Thankfully, the New York City Fire Department (FDNY) responded promptly, and a team of firefighters was dispatched to the scene to rescue the trapped worker.

As the DOB continues investigations, it is important to note that this tragedy might have been prevented. City records indicate that the three-story building at the construction site was scheduled for full demolition. In February, the contractor responsible for the project, Red Brick Property Management, was issued a violation for failing to notify the city before commencing demolition work. Although the violation was later dismissed, it raises concerns about the adherence to safety protocols and regulations.

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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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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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JFK airport where two construction workers were killedTwo construction workers lost their lives after being buried under rubble while moving utility lines at JFK airport. This incident highlights the importance of workplace safety, particularly in high-risk industries like construction.

According to The New York Times, 41-year-old Francisco Reyes and 28-year-old Fernando Lagunas Pereira were trapped under rubble after a 30-foot trench collapsed at the Calpine JFK Energy Center, a power-generating plant that supplies electricity to the airport. The accident occurred around 11:00 am. More than 60 firefighters, multiple units of police, and medics to try to save the workers. However, despite the efforts of emergency responders, it took two hours to recover the bodies of both workers who were pronounced dead at the scene.

While the exact cause of the accident is still under investigation, it is clear that a tragic loss of life has occurred. As attorneys who have represented numerous clients who have been injured or killed in construction accidents, we know all too well the devastating impact such incidents can have on workers and their families.

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After a dip in 2020, construction accident deaths in New York State and New York City were on the rise again in 2021 according to the recently released “Deadly Skyline” report.  “Deadly Skyline” is an annual report released by the New York Committee for Occupational Safety and Health (NYCOSH). NYCOSH uses the most recent available data from the United States Department of Labor’s Bureau of Labor Statistics (DOL BLS) to compile an annual report on construction accident deaths in New York City and New York State.

A total of 61 hard hats died in NY State in 2021 compared to respectively 71, 69, 58, 55 and 41 in 2016, 2017, 2018, 2019 and 2020. Since 2016, during which a record number of construction workers died in NYS, the number of fatalities gradually declined to reach its lowest since 2013. While the slowdown in construction activity due to the Covid19 lockdown was a factor in the 2020 dip, the number of fatalities reported in 2021 jumped above the number of fatalities reported in 2019 and 2018.

fatalities in construction NY State 2021
Among the 61 construction workers who died in NY State,  20 of them died while working on a construction site in NYC. Construction workers fatalities also increased in 2021 in NYC compared to 2020 but remain lower or equal to the number of fatalities reported annually between 2013 and 2019 in the city. With the exception of 2020, construction fatalities in NYC never went below 20 since 2012 ands the only time they went down to 20 was in 2017.

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