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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Thankfully there was no injury following the crane accident near the Eat River at the Water Club restaurant. The 20 ton crane, a Grove RT540E owned by Phoenix Marine was doing work on a bulkhead on the south end of the restaurant when workers said it became snagged on a barge support beam and fell over.

The picture shows that at the time of the accident the crane seemed to be proprely set up and its boom was fully extended. Therefore at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz we think that the load being lifted was too heavy (overloaded) causing the crane to tip.

The New York City Department of Buildings is investigating.

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In order to prevent and reduce hoisting equipment related accidents in demolition sites and underground construction sites, OSHA is extending the application of the requirements of the August 2010 cranes and derricks in construction standard to all construction sectors.

Starting May 13 2013, the separate standard applying to demolition and underground construction will no longer exist and employers will have to comply with streamlined OSHA standards. As a consequence, the existing operator-certification requirement will be extended to crane operators who perform underground construction work or demolition work. These crane operators have until November 14th 2014 to take their test and get certified.

OSHA says that the August 2010 crane and derricks rules saves an average of 22 lives per year and prevent 175 non fatal injuries per year and that it should also benefit demolition sites and underground construction workers.

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While working on the Firefighter Injury Research and Safety Trend FEMA project, Workplace safety researchers from Drexel University School of Public Health found out that the addition of industry and occupation data information in the data collected by hospitals would benefit not only firefighters but also every woker in America. Here is a link to the white paper.

Every year an estimated 4.1 million workers suffer a serious work injury or illness however the number of workplace injuries as well as information about the type of injury and how, when and why specific injuries occur are not tracked by hospitals. In the “The Need for Industry and Occupation in Hospital Data” that was just published in the Journal of Occupational and Environmental Medicine, Dr. Jennifer Taylor, Assistant Professor, and Leslie Frey, Policy Coordinator in the Department of Environmental and Occupational Health at the Drexel University School of Public Health petitioned for the inclusion of standards for industry and occupation within hospital data.

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A new version of the Construction Chart Book: The U.S. Construction Industry and its workers was recently released by the Center for Construction Research and Training.

Here are some of the most interesting findings and graphs related to Fatal and Nonfatal Injuries:

– Electrical Power-Line installers are the most at risk to die in a construction accident

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BR.jpg Our partner Ben Rubinowitz, assisted by Peter Saghir, obtained a verdict of $7,125,000 against the City of New York and its construction company, Burtis Construction Co., Inc. following a 17 day trial.

The plaintiff, a 41-year-old man and father of three young children, was returning home from work in the early morning hours of May 20, 2006. Six weeks earlier his wife had given birth to a baby girl via C section. His other two children included a four-year-old boy and a two-year-old boy. He worked as a film editor and was self employed. On the night of the accident the plaintiff left his midtown Manhattan workplace at around 3 o’clock in the morning. Unbeknownst to the plaintiff, the City of New York and its construction company (Burtis Construction Co., Inc.) were performing road repair work on the West Side Highway. They were involved in a short term construction project to repair expansion joints along the West Side Highway in the vicinity of 72nd to 79th Streets. As part of its contract with the City, the construction company was required to properly notify drivers that the roadway was being shut down from three lanes to one lane of travel. This closure of the roadway was supposed to be performed in conformance with the dictates of the Manual for Uniform Traffic Control Devices and with the Maintenance and Protection of Traffic Plan spelled out by the City of New York in the contract. Specifically, appropriate signs should have been placed along the highway south of the roadwork along with tapers and transitions of barrels fitted with lights to notify and warn drivers that the left two lanes were being shut down. When the plaintiff left his office to drive home he drove northbound on the Westside Highway. As he reached the area of 79th St. he was involved in a fender bender with another car. He got out to check to make sure that everyone was alright. He then returned to his car to put on his hazard lights on and to obtain his insurance information to exchange with the other driver. Shortly after getting his insurance information and while he was out of his car he was struck from behind by another driver, Abelardo Da-Silva.
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Construction safety week starts on April 29th and the New York Department of Buildings will host the 2013 Build Safe | Live Safe Conference at the New York Marriott Downtown in Lower Manhattan.

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During this conference participants will get an overview of recent trends and future development in The New York City construction industry. They will also have the opportunity to attend construction safety courses for professional credit on the following subjects: BIM Site Safety Plans, Steel C-Joist Construction, Electric Cranes, Mast Climber, High Rises in Flood Zones and Elevator Maintenance and Repair.

New York Construction Accidents have been increasing by more than 30% between 2011 and 2012.

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safetypaysfallscost-2.jpgOn April 10, at 11 a.m. EST, OSHA’s Director of Construction Jim Maddux, and NIOSH’s Director of Construction Safety and Health, Dr. Christine Branche, will co-moderate a webinar to discuss ways of stopping the leading killer of construction workers – falls from heights. To register for the free webinar and to learn more about efforts by OSHA, NIOSH, and CPWR to protect construction workers from fatal falls, visit the registration page.

This seminar is part of of a nationwide outreach campaign by OSHA to prevent falls in construction sites. The theme of the campaign is – PLAN ahead to get the job done – PROVIDE the right equipment – TRAIN everyone to use equipment safely These says OSHA are three simple steps to reduce the number of falls and save lives.

Falls are the leading cause of death among constrcution workers. According to the most recent statistics of the LBS in 2011, falls accounted for 541 fatal work injuries.

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The talus bone is one of the most important bones of the ankle joint. It is the rounded bone at the top of the foot. Because of its location, the talus can be easily fractured after falls from heights such as falls from ladders and scaffolds in construction accidents or after a severe impact to the foot such as those caused by a motorcycle, a truck or a car accident. Some subtle fractures can be misdiagnosed as ankle strains as the symptoms are very similar: acute pain, swelling and bruising. A talus injury can severely limit the ability to walk and bear weight. Delays in treatment can result in long term disability and surgery.

In the following video segment, Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo Medical Center, demonstrates the different types of talus fractures.

https://www.youtube.com/watch?v=OxehxKzWH88

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By Anthony Gair;

(A) THE RECALCITRANT WORKER DEFENSE
(1) A BRIEF HISTORY

In order to understand the break from precedent by the Court of Appeals in 2004, it is useful to understand the history of the recalcitrant worker defense. For years the leading recalcitrant worker case was Smith v. Hooker Chemicals and Plastics Corp., 89 A.D.2d 361, 455 N.Y.S.2d 446 (4th dept. 1982); app. dismd. 58 N.Y.2d 824. The rule enunciated therein was that the “….the statutory protection (afforded by §240) does not extend to workers who have adequate and safe equipment available to them but refuse to use it.”

The facts in Smith are important in order to understand how the Court of Appeals in decisions between 2004 and 2009 expanded the reach of the recalcitrant worker defense by relying on cases such as Smith, while ignoring the facts upon which the holdings were based, thereby in effect failing to follow long established precedent.
For example, in Smith the plaintiff went up on a roof despite the fact that safety equipment had been removed and after a co-worker had refused to do so unless the safety equipment was put back in place.

The Court’s holding was thus based on the fact the plaintiff knowingly chose not to use safety devices which he knew had been in place and were readily available. His accident was also contemporaneous in time with his refusal to use the safety devices which his co-worker insisted be in place before the co-worker got on the roof.

The Court of Appeals followed the reasoning of Smith for years, as did numerous Appellate Division cases.

In Gordon v. Eastern Railway Supply, Inc., 82 N.Y.2d 555, 606 N.Y.S.2d 127 (1993) the plaintiff was standing on a ladder leaning against a railroad car while using a hand-held sandblaster to clean the exterior of the car. He was injured when he fell from the ladder. In rejecting the defendant’s claim that the plaintiff was a recalcitrant worker, the Court stated:
“Defendants’ claim here rests on their contention that plaintiff was repeatedly instructed to use a scaffold, not a ladder, when sandblasting railroad cars. We have held, however, that an instruction by an employer or owner to avoid using unsafe equipment or engaging in unsafe practices is not a ‘safety device’ in the sense that plaintiff’s failure to comply with the instruction is equivalent to refusing to use available, safe and appropriate equipment (Stolt v. General Foods Corp., supra; see also, Hagins v. State of New York, 81 NY2d 921, 922-923). Evidence of such instructions does not, by itself, create an issue of fact sufficient to support a recalcitrant worker defense.”
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In this presentation Anthony Gair, covers the State of the Law of New York Construction Site Accidents – Labor Law Section 240 as of December, 2012.

This video is from “Construction Site Accidents: The Law and the Trial 2012” seminar by the Continuing Legal Education program of the New York State bar Association in December 2012.