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 New York Construction Accident

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construction accident7 people died in construction accidents in New York City since the beginning of the year. This is almost as many as  during all of 2014 a year during which 8 fatal construction accidents were recorded.  A 22 year old construction worker died on April 6th at a construction site where the restaurant Pastis used to be in the meatpacking district. The young worker was digging below the foundation of the building when dirt fell on him and buried him up to his neck. He was rushed to the hospital in critical condition and pronounced dead upon his arrival. A day later 4  construction workers suffered serious personal injury during an accident at a demolition site located at 331 Madison Avenue near 43rd street. A chandelier and a heavy marble banister collapsed on the workers after they fell from a height of about two stories while doing interior demolition. The week before a construction worker fell to his death in Brighton Beach. Two people—not workers—died after a suspicious explosion this week in an apartment building where plumbers were working on gas lines. In March a pedestrian died after being hit by a  piece of plywood that detached from a construction site security fence . In February a construction worker installing grass on the Barclay Center in Brooklyn was crushed to death by falling beams and in January another worker fell to his death down an elevator shaft on the Upper West Side.

According to Crain’s New York, 19 people died in construction accidents in 2008 during the last real estate boom in New York City. When comparing the number of construction-related accidents and deaths in 2014 with 2008, the figures show that construction sites aren’t necessarily getting any safer. Though there has been a dramatic drop in deaths, from 19 in 2008 to eight in 2014, the number of accidents has spiked  to 231 from 151 over the same time period, a jump of more than 50%. Last year, the city issued about 142,000 building permits, up 20% from 2008. Combined with the deaths-to-date this year, the potential for increasing construction activity “puts this year on track to be another fatal one,” Crain’s reported.
Picture: courtesy of Wikipedia

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Construction worker advocates joined forces last week at the Legislative Office Building in Albany to support the Scaffold Law (Labor Law Section 240(1) ) and the proposed “Sunshine Bill” which would require liability insurance providers to file financial statements and claims data with the state’s superintendent of financial services. Assemblyman Francisco Moya, D-Queens, Assemblyman Marcos Crespo, D-Bronx, and representatives of the Scaffold Safety Coalition want to challenge the long standing argument that the Scaffold Law increases insurance rates by forcing insurance companies to release claims data. Read more in the Legislative Gazette

To learn more about the actual state of the New York Scaffold Law see below video from a presentation on this subject by New York Construction Accident Lawer  Anthony Gair


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Build Safe NYCThe NYC department of Building just announced that the Construction Safety week will start Monday April 27th 2015 with the Build Safe / Live Safe conference. In this daylong series of seminars, Department experts will discuss industry trends and highlight safe construction operations.  Professional credit will be available. Tickets can be purchased here.


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A construction worker was seriously injured on a construction site in TriBeCa, downtown Manhattan. The worker was trying to unload a sheet of drywall from a stack when 3 of them toppled on to him. Three other workers had to hoist the sheet off of him. He was taken to the hospital in serious condition. The construction accident happened inside the sixth floor apartment of 60 Beach street, a luxury condo building. The workers’ company is Noranda Special Projects. Read more in DNA Info.

60 Beach Street

60 Beach Street, source: Google Map


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A construction worker suffered serious personal injury after he got stuck in a pit at a construction site on the Lower East Side in N.Y.C.. The worker was working in a 10 to 12 foot trench that had been excavated to repair a leaking pipe when the accident happened. Mud, dirt and debris started to collapse on the man and and he got trapped up to his chest for an hour until he could be rescued.

See video below for more information about this construction accident

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After two fatal crane accidents killed several people in Manhattan in 2008, 65 safety fixes were identified by consultants but only 8 (12%) of them were implemented, 17 (26%) were partially implemented, 18 (28%) were in progress and 22 (34%) had not been implemented according to a recent audit by New York City Controller Scott Stringer.

In 2008 the Building Department paid CTL Engineers & Construction Technology Consultants $3.9 million to prepare proposals on how to improve safety at New York construction sites and avoid catastrophic crane accidents such as the collapse of a 300-foot crane that killed 7 people on East 51st Street in Manhattan or the collapse of another crane that killed two construction workers 2 months later. The consultants provided a list of 65 recommendations and were paid another $1.9 million to assist the DOB with the implementation of these recommendations. They were supposed to have 49 of the 65 changes implemented in the next two years but they fell far short of that according to Stringer’s investigation.

The audit identified serious weakness in the New York Cit Department Building Oversight that costed tax payers million of dollars.

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Many construction accidents at the World Trade Center have not been reported to OSHA but when they were OSHA investigators ran into roadblocks as they tried to figure out what lead to personal injuries.
Yesterday the NY Daily News looked at the case of Nick Giovinco, a construction worker who suffered two fracture ribs and four lower lumbar fractures after falling 18 feet off a scaffold. Witnesses testified that the tower was shaky and wasn’t braced. Additionally there was no ladder. Witnesses saw the scaffold tipped as Giovinco got to the top but his employer blamed him and said he lost his grip and fell.

Read more in the NY Daily News

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Freedoom%20Tower.JPG34 serious personal injuries suffered by workers during construction accidents at the New York Fredoom Tower have not been reported to OSHA according to a NY Daily News investigation that came out Yesterday. Some of the non reported accidents left workers with spinal fractuers, broken limbs and fractured hips.

The study also mentions that for 3 years in a row the injury rates at the WTC were higher than the New York State and the National average rates.

Among the non reported accidents at the New York construction site, the study mentions a worker struck in the head by a 60 pound bundle of rebar, a worker who fell 20 feet after the collapse of a scaffold and another worker struck by a large steel plate.

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Labor Law 240 known as The Scaffold Law protects New York construction workers from elevation related construction accidents. Recently the construction industry and real estate developers have been making another legislative push in Albany to change the law to their advantage. In response to this push, New York Governor Andrew Cuomo said last week in an interview with the Crain’s editorial board that he had no intention to change the law. Cuomo said that changes to Labor Law 240 were not a top priority for business interests or for him.

Cuomo also added that the law couldn’t be changed because of the strength of its supporters, particularly the New York State Trial Lawyers Association. The trial lawyers as well as immigrant rights and community organizations support the law because even though it is not perfect it remains the only way to make sure construction workers are adequately protected from dangerous accidents.

Read the Crain’s article

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scaffold.jpg New York Labor Law Section 240 or Scaffold Law was enacted more than 100 years ago to protect construction workers from elevated work related accidents. It holds general contractors, owners and others liable if unsafe conditions at the job site lead to a worker’s injury or death (to learn more about NY Labor Law 240 see recent presentation by NY Construction Accident Attorney Anthony Gair)

The construction industry has been trying to repeal and amend this law since it was created and the last attack came with a report entitled “The Costs of Labor Law 240 on New York’s economy and Public Infrastructure” and published by the The Nelson A. Rockefeller Institute of Government, the public policy research arm of the State University of New York. The report uses questionable statistic methodologies to blame The Scaffold Law for creating more accidents and more injuries.

The Center for Popular Democracy (CPD) discovered that the report was actually commissioned by the New York Civil Justice Institute, a front group that was specifically created for this purpose by the Lawsuits Reform Alliance of New York who paid $82,800 for it. The Lawsuits Reform Alliance of New York is well known for lobbying against laws protecting plaintiffs in favor of the construction industry and other corporate interests. The CPD and the New York Committee for Occupational Safety and Health (NYCOSH) just published a paper entitled “Fatally Flawed: Why the Rockefeller Institute’s Scaffold Law Report Doesn’t add up