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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carlos monkayoLast year Carlos Moncayo died in a construction accident in New York. Moncaya was working on a construction site located at 9-19 Ninth Ave in the meatpacking district in Manhattan where the old Pastis restaurant was turned into a Restoration Hardware Store. The 22 year old construction worker was buried in a pit after unstable soil gave way. The accident was fully preventable. An hour before it happened an inspector warned the two construction site supervisors, Alfonso Prestia and Wilmer Cuerva that the 13 foot deep pit wasn’t proprely re-enforced and that nobody should get in the trench. Both men ignored the warning. An hour later the inspector saw 4 men in the pit and rushed again to the two supervisors to urge them to halt work. Two hours later the supervisors finally decided to call the crew out of the pit but it was too late. The trench collapsed and Moncaya died. The two supervisors were charged with manslaughter, criminally negligent homicide and reckless endangerment. According to recent court papers, the two supervisors are now blaming each other for the fatal construction accident. Prestia says that he wanted to fire the foremen who created the unsafe conditions but that Cuevas always opposed it. Read more in the NY Daily News 

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Harlem Valley Psychiatric Hospital

Picture source: Google Map

A NY developer who exposed construction workers to lead and asbestos hazard during the renovation and the clean up of an abandoned psychiatric hospital Upstate New York  settled with the US Labor Department. As part of the settlement, the developer committed to enhance safeguard for the employees renovating the site and pay a $700k fine.

Dover Greens LLC, formerly known as Olivet Management LLC was cited in 2014 for 45 willfull violations after the company knowingly exposed its own construction workers and the construction workers hired by 13 other contractors  to lead and asbestos hazard while cleaning and  renovating the former Harlem Valley Psychiatric Center in Dover Plains.

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1229 45th streetA 21 year old worker died in a construction accident in Brooklyn NYC. Yesterday afternoon Alex Santizo from Queens was working on the construction site of a two-family townhouse on 45th street near 12th Ave in Borough Park, Brooklyn. He was on the second floor of the house when the roof collapsed. Santizo was hit by debris then he tumbled into an airshaft and landed two stories below in the basement.  The young man died from his injuries at the hospital. Records from the New York City DOB indicate that the building located at 1229 45th street had a total of 11 complaints that all had been resolved before the accident happened. The construction site was also the subject of 13 violations with 7 of them still open.  Read more in the NY Daily News 

Picture source: Google map

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Tappan Zee Bridge3 men died after their tugboat crashed into a barge at a Tappan Zee Bridge construction site on Saturday morning.

63 year old Paul Amon from New Jersey, 29 year old Timothy Conklin from Long Island and 56 year old Harry Hernandez from Staten Island were the 3 crew members of the  tugboat “Specialist” that sank Saturday morning after crashing into a stationary construction barge belonging to Tappan Zee Constructors . The rescuers were able to find the bodies of Amon and Conklin. Searches to find Hernandez who is presumed dead were suspended sunday night according to The Associated Press.

The accident happened Saturday morning. The “Specialist” was one of three tugboats that were pushing a crane barge from Albany to New Jersey. The “Specialist” was located at the right of the barge while the second tugboat was on the left and the third one in the back. As they arrived at the Tappan Zee Bridge construction site, the “Specialist” hit a stationary construction barge. Before the accident happened, the crew sent a radio message saying “”We are too close. We have to move left,” but it was too late. The tugboat sank 40 feet within minutes with the 3 men on board. The tugboat also leaked into the Hudson some of the 5000 gallons of fuel that were on board at the time of the accident.

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A woman is loaded into an air ambulance that landed on Ski Hill Rd. after a head-on crash near Lifford Rd. on Thursday, Jan. 6, 2011. She was flown to Toronto's Sunnybrook hospital with serious, life-threatening injuries. Another woman was also airlifted to the same hospital with serious injuries. JASON BAIN/THE LINDSAY POST/QMI AGENCY

Personal injury attorneys representing construction workers that have been injured at work understand too well the economic consequences of such accidents. When a worker is injured he will not only have direct costs such as medical expenses but also indirect ones such as lost wages and fringe benefits as well as lost home productivity.

A recent study published by the American Journal of Industrial Medicine provides an analysis of the economic consequences of workplace injuries in the United States.  The authors of the study , Xiuwen Sue Dong DrPH1,*, Xuanwen Wang PhD1, Julie A. Largay MPH1 and Rosemary Sokas MD, MOH2   estimated that in 2007, the total of the direct and indirect costs of all reported work injuries in the US cost $250 billion, higher than the $219 million spent on cancer. Worker’s compensation covers an average 44.5% of the direct medical costs but this amount represents only 20.7% of the total costs. The difference is being  shifted onto the workers and their families, insurance carriers and the government.

The study finds that following an injury, an injured worker’s family will suffer income loss because of the lost wages and his or her disability. The study also shows that Union workers are better protected in case of an accident and will suffer a moderate income loss compared to a non union worker who suffers the same work injury. Income disparity will persist in the long term.

 

 

 

 

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sheet-metal-workersAmong all construction workers, sheet metal workers have one of the highest risks of personal injury. Some of them are injured so badly that they are permanently disabled. A recent study published in the American Journal of  Industrial Medicine provides an Analysis of Permanent Work Disability Among Construction Sheet Metal Workers. The authors Gavin H. West MPH1,*, Jaime Dawson MPH2, Claire Teitelbaum BA1, Rebecca Novello BA1, Katherine Hunting PhD, MPH2 and Laura S. Welch MD1,2  analyzed the pension records of disabled sheet metal workers to compare the causes of disabilities. They found out that 47% of the disabilities were related to Muskuloskeletal disorders (MSDs). 14% of them were related to circulatory diseases and 10 % were related to other  injuries suffered at work.

Sheet metal workers are construction workers installing, repairing and maintaining heat and AC units or installing signs, rain gutters or roofs. They have one of the highest rate of non fatal personal injury among construction workers. The study indicates that these injuries are  often related to working at heights and overexertion as well as manual material handling.

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After a construction worker died and four others suffered personal injury in a construction accident in Brooklyn, NYC, in 2011, the negligent “special instructor” who failed to perform crucial safety inspections on the site of the accident had his license revoked by the New York City Department of Buildings on Friday.

Back in 2011, Steven Schneider, an engineer, was hired as a special safety inspector on the construction site of a 14-unit condo building in Brighton Beach. As part of his duties Schneider was required by the code to perform structural tests such as testing of steel and masonry construction, structural stability and underpinning of adjacent buildings. Investigations show that Schneider never performed any of these tests and therefore didn’t notice that construction workers  had improperly poured concrete on unstable steel structures. This gross negligence led to the collapse of several floors of the building.  During the accident several workers were buried in the debris. Among them was Ivan Lende, a 54 year old worker from the Ukraine who died in the accident. Four of his colleagues were injured. Investigation results also show that Schneider  was unable to provide inspection documentation at many other NYC sites where he had been hired as a safety instructor. Not only did Schneider have his license revoked by the NYC DOB but his case was also referred to the state for “further disciplinary action”.

The DOB also announced Friday the revocation of the plumbing license of Andrew Trombetta. Andrew Trombetta is a master plumber who was involved in the East Village gas explosion that killed two people and injured many others in March 2015. Andrew Trobetta rented his licensed to the unaccredited plumber who installed the illegal hook up that led to the explosion. Earlier this month he was charged with falsifying inspection reports while four other people were charged with manslaughter and criminally negligent homicide.

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deblasioA week after a man died in a crane collapse in New York, the Mayor announced that the city will kick off a massive inspection blitz of construction sites and quadruple penalties for serious violations of safety on construction sites. The construction boom in the city has led to a dramatic increase of construction accidents. Last year there were 433 accidents, an increase of 75%  compared to 2014. Before the boom in 2009 there were  218 accidents, 98% less than in 2015.  According to DOT investigations, most of the construction accidents that happened last year in New York City could have been prevented if the contractor had simply followed the existing safety rules. Unfortunately too often contractors and developers are cutting corners and putting the life of their workers at risk to increase their profit.

Despite the cold weather Mayor de Blasio held his press conference in front of a East Village Construction site where a construction worker fell to his death on Christmas Eve. 33 year old Luis Alberto Pomboza, was working on the renovation of a multi-family  townhouse at 356 East 8th Street. Pomboza was demolishing a wall when a large portion of the wall fell on him and caused him to fall 4 stories. An Ecuadorian immigrant and father of 5, Pomboza was transported to the hospital in critical condition. He later died there from serious head trauma.  The construction site superintendent who was legally required to be on the construction site to ensure the safety of workers and the public wasn’t there when the accident happened. De Blasio indicated that last year 70% of the construction accidents in New York City occurred in buildings with 10 stories or less. Therefore the investigation blitz  that starts this week will focus on these types of construction sites. Inspectors will target contractors with bad safety records and working on buildings lower than 10 stories as well as all construction sites higher than 15 stories. The DOB will inspect a total of 1,500 job sites in the 90 coming days.

Fines for “serious failures to safeguard construction sites” will increase from $2,400 to $10,000 and if the construction site is lacking a site superintendent the penalty will reach a maximum of $25,000 instead of $5,000. Additionally starting in July, superintendents will be required for all major construction projects at buildings under 10 stories. Superintendents will be required to log daily reviews of site safety.

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A construction worker suffered critical personal injury after being hit by a block of concrete that fell on his head. The accident happened at a building demolition site located at 317 Madison Ave between 42nd and 43rd street in Midtown Manhattan. The worker was on the 20th floor of the building when he was hit by falling debris.  The worker lost consciousness during the accident. He was transported to the hospital where he was listed in critical condition. It is not the first time that an accident happened on this specific demolition site. Last July two construction workers were injured in a ceiling collapse.

Read more in the NY Daily News

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A construction worker fell to his death in New York last Thursday. The 62 year old man was working on a construction site located on East 107th Street near Lexington in East Harlem New York. He was standing on a fire escape at the back of the building when the accident happened. Another worker who was standing on a nearby scaffold was passing some equipment to him when he lost his balance and fell six stories. The man wasn’t wearing any safety equipment. He died at the scene of the accident.   Falls are the number one cause of death in Construction in the US. Almost 300 construction workers are dying every year after falling on the job.

Read more in the NY Daily News

 

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