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 Posted in Construction Accident

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NYC construction workers have a high risk of fatalitiesConstruction employers are now required to provide properly fitting personal protective equipment (PPE) to all workers. Here’s what you need to know to stay compliant.

As of January 2025, the Occupational Safety and Health Administration (OSHA) mandates that all construction employers provide workers with properly fitting PPE—aligning the construction industry with a rule that has long applied to general industry. This update aims to enhance safety by ensuring that protective gear such as harnesses, hard hats, gloves, goggles, and vests fit correctly, reducing both primary and secondary hazards.

For New York City construction companies, contractors, and site managers, this means adjusting procurement policies, expanding PPE size options, and incorporating PPE checks into daily safety protocols. Failing to comply could not only result in OSHA citations but also expose companies to liability in the event of worker injuries.

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Deadly Skyline Cover from March 2025The latest “Deadly Skyline” report from the New York Committee for Occupational Safety and Health (NYCOSH) paints a grim picture for construction workers in New York City and across the state. The data reveals that construction fatalities continued to rise in 2023, underscoring the urgent need for stronger safety measures and enforcement to protect the lives of those who build our skyline.

The Alarming Rise in Construction Worker Fatalities

The statistics are staggering:

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MTA_New_York_City_Bus_Orion_VII_Next_Generation_2009

A tragic accident on Sunday night in Midtown Manhattan claimed the life of 39-year-old Vladimir Cruz, a construction worker from the South Bronx. Around 9:30 p.m., an M1 MTA bus traveling southbound on 5th Avenue near East 51st Street struck the base of a boom lift Cruz was operating. The collision caused Cruz to fall from the lift, resulting in fatal head and bodily injuries. He was rushed to Bellevue Hospital but sadly did not survive.

The driver remained at the scene, and the NYPD is continuing its investigation. While no arrests have been made, this incident underscores the critical need for swift action in protecting the legal rights of the victim’s family.

Preserving Legal Rights After a Fatal MTA Bus Accident

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construction workers must be protectedConstruction work is demanding, even under ideal conditions. When winter brings extreme cold to New York, the risks to construction workers increase significantly. As construction accident lawyers, we know how crucial it is for workers and employers to take steps to mitigate these dangers and prevent life-altering injuries.

How Cold Weather Impacts Construction Safety

Extreme cold can affect both the physical and mental abilities of construction workers, increasing the likelihood of accidents. New York winters often bring freezing temperatures, icy conditions, and heavy snowfalls that exacerbate these risks. Here are some key dangers:

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Construction_worker_harness-1As construction accident attorneys, we have witnessed firsthand the severe consequences that can arise from ill-fitting PPE:

  • Inadequate Protection: PPE that does not fit properly may leave parts of the body exposed to hazards, rendering the equipment ineffective.
  • Increased Accident Risk: Loose or oversized PPE can become entangled in machinery or obstruct a worker’s movement, leading to accidents and injuries.
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construction workers must be protectedThe latest data released by the Bureau of Labor Statistics (BLS) on November 8, 2023, offers a nuanced view of workplace safety trends in the construction industry. While the rate of nonfatal occupational injuries and illnesses among construction workers declined slightly, the raw number of injuries rose, highlighting both progress and areas needing improvement in jobsite safety.

Construction Accident Injury Rate Declines, But Total Injuries Increase

In 2023, the construction industry reported 2.3 nonfatal occupational injuries or illnesses per 100 full-time equivalent (FTE) workers, a modest drop from 2.4 in 2022. This improvement brought construction’s injury rate below the national average of 2.4 across all U.S. industries. However, the total number of reported nonfatal injuries and illnesses increased by 2.1%, climbing from 169,600 cases in 2022 to 173,200 in 2023.

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location of the reckless fatal accidentA devastating accident on Myrtle Avenue in Bedford-Stuyvesant serves as a harsh reminder of the life-threatening risks faced by construction workers who work hard to ensure our city’s development. On October 29, 2024, a 37-year-old construction flagger, Luis Mario Sangurima, lost his life after being struck by a driver recklessly navigating around a box truck. Sangurima was directing traffic near a construction site when he was hit by a speeding van that crossed into oncoming traffic, underscoring the perils that flaggers and construction site workers face daily on Brooklyn’s streets.

The driver, Clyde Mercury, reportedly attempted to bypass a slow-moving truck by veering into the opposite lane. This act of impatience led to a fatal outcome, with Mercury now facing charges of criminally negligent homicide, reckless endangerment, reckless driving, and failure to exercise due care. As Brooklyn personal injury attorneys, we see the dire consequences that arise when drivers ignore traffic rules and fail to respect construction zones. Tragedies like this are preventable when drivers are responsible and follow basic safety protocols around construction areas.

Construction zones, especially in busy urban areas like Brooklyn, require vigilant attention from both drivers and workers. Often, flaggers like Sangurima are the first line of defense for work crews, directing traffic to protect colleagues and pedestrians. By donning reflective gear and guiding vehicles past narrow lanes, they ensure the safety of everyone around the construction site. However, when drivers disregard these signals and attempt dangerous maneuvers, they put lives at risk.

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traumatic-brain-injury-picture-1Head injuries remain one of the most serious hazards facing construction workers today. With thousands of construction workers suffering traumatic brain injuries (TBIs) on job sites annually, the need for proper head protection and safety protocols is more urgent than ever. As construction accident attorneys in New York, we know that the consequences of these injuries can be life-changing, not only for the workers themselves but also for their families.

In fact, based on historical data, over 50,000 nonfatal work-related TBIs are treated on average annually in U.S. emergency departments. Even more alarming, between 2003 and 2010, 2,210 construction workers died as a result of a TBI. These alarming statistics reflect the significant risks faced by those working in construction, where dangerous conditions and overhead hazards are part of the daily routine.

Some common causes of head injuries in the construction industry include:

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construction workers must be protectedThe U.S. Occupational Safety and Health Administration (OSHA) is intensifying efforts to tackle repeat safety violators, with a sharp focus on industries like construction that see high rates of fatalities and serious injuries. Doug Parker, the Assistant Secretary of Labor for Occupational Safety and Health, outlined the agency’s priorities during the recent Safety ’24 conference hosted by the American Society of Safety Professionals.

One of OSHA’s top concerns is the recurring safety violations in high-risk industries. Construction, in particular, faces alarming rates of fatal injuries, primarily from falls. Falls remain the leading cause of construction worker deaths year after year. Employers’ failure to implement proper fall protection has turned this issue into what Parker refers to as an “epidemic of noncompliance.”

Targeting Serial Offenders

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As NYC crane accident lawyers who have seen firsthand the devastating consequences of construction site accidents, we understand the critical importance of proper training and licensing for equipment operators. Recently, the New York City Department of Buildings (DOB) has announced significant changes to crane licensing requirements that will take effect on November 7, 2024. These changes aim to enhance safety standards and reduce the risk of accidents involving articulating boom cranes, mini cranes, and rotating telehandlers. Here’s what contractors and equipment operators need to know about these new regulations.

New Licensing Requirements

Starting November 7, 2024, the operation of articulating boom cranes, mini cranes, and rotating telehandlers in New York City will require a specific Hoisting Machine Operator (HMO) license issued by the DOB. This new mandate reflects a growing recognition of the unique operational risks associated with these types of equipment. The new licensing requirements will cover the use of these cranes for tasks such as delivering and moving materials on construction sites.

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