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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proper house cleaning on construction sites can prevent dangerous fallsLast Thursday at around 9:09 a.m., a worker was injured after he fell between buildings on the construction site of a two-building affordable housing complex located at 151-165 Broom Street in the Lower East Side. The fall occurred from a height of approximately 30 feet, equivalent to three stories. Fortunately, the New York City Fire Department (FDNY) successfully rescued the worker by cutting open a wall to access the gap. Rescuing the trapped worker was far from easy. Despite the difficulties, the rescue team remained diligent in their efforts to extract the worker unharmed.

Contractor Negligence

The preliminary report released by the Department of Buildings (DOB) revealed significant oversights on the part of the contractor. The worker had fallen from a pipe scaffolding on the building’s third floor that was found to be covered in debris, posing a hazardous working environment. Most alarmingly, the area between the two buildings where the worker got stuck was left uncovered, leading to the life-threatening fall.

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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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ambulance at accident sceneThree construction workers suffered burn injuries at a construction site in the Bronx on Monday afternoon. These workers failed to provide proper proof of training and did not possess a permit for using a propane torch. They were performing a waterproofing job near Holland Avenue and East Gun Hill Road when the incident occurred. The workers were burned as some of the waterproofing material caught fire. The severity of the incident prompted a massive response from the Fire Department of New York (FDNY).

The construction site in question has become a hotbed of safety violations, with New York City issuing over 25 violations in the past year alone. Shockingly, twelve of these violations are still open and directly relate to construction safety concerns. This pattern of negligence is deeply concerning and suggests a lack of commitment to providing a safe working environment for construction workers. On the day of the incident, five new violations were issued, further illustrating the disregard for safety protocols.

History of Stop Work Orders

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construction workers have a high risk of fatalityThis week is “Construction Safety Week”, an annual awareness campaign to reduce construction accident injuries and fatalities. As attorneys representing injured construction workers and their families we strongly advocate for the theme of this year’s Construction Safety Week: Strong Voices, Safe Choices. It’s time for construction workers to empower each other to speak up and take action when they see something unsafe.

Each day of the week, employers are invited to discuss with their workers a different safety topic. Here are the topic for each day of the week.

 Monday: Engagement

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NYC construction workersConstruction sites are one of the most dangerous places to work, and the risks are amplified when workers do not receive proper training on safety protocols. Unfortunately, three individuals in Brooklyn have been indicted for allegedly forging and selling fake safety cards to construction workers who never received the required training. As NYC construction accident attorneys, we know that this kind of fraud is not only illegal, but it also puts workers’ lives at risk.

Among the 3 people arrested, one was authorized by OSHA to train construction workers but would sell cards without providing training

Latecia Moore, Alex Kaushanskiy, and Benedetto Bonello are accused of creating and distributing fake safety cards to construction workers, indicating that they had completed the required safety courses approved by OSHA or Site Safety Training certification. Moore allegedly made and sold fake cards to customers for $200 to $650 each, while Kaushanskiy’s company, Odessa Safety, sold phony cards without providing the training. Bonello, who is authorized by OSHA to train workers, allegedly sold fraudulent cards without providing the required training.

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Bronx DA ClarkThree contractors have been indicted by the Bronx District Attorney’s office for manslaughter and criminally negligent homicide charges in the death of a construction worker. The victim was Segundo Manuel Huerta Mayancela, who was crushed by 1,000 pounds of debris at the construction site in 2019. 5 other construction workers suffered injury in the accident. The contractors involved in the incident have been charged for falsifying credentials, flouting safety standards and disregarding worker’s protections.

The contractors were charged for creating egregiously dangerous conditions at the building site, where they flouted building safety codes and ignored worker’s protections. According to the investigation carried out jointly by the NYC Department of Investigation and the Bronx DA, the contractors falsified credentials and permits and ignored oversight requirements, creating a dangerously unstable structure that led to Mayancela’s death.

The Bronx DA, Darcel D. Clark, said that the death of Segundo Manuel Huerta Mayancela was entirely preventable and that the construction site was a death trap waiting to happen. She emphasized that workers are not expendable, and anyone who puts construction workers at risk in an already hazardous profession would be held accountable. Clark also highlighted that the case predates the Carlos’ Law, which was enacted to create greater accountability for tragic and avoidable injury to workers at New York construction sites and increase penalties for criminal corporate liability for the death or serious physical injury of an employee.

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Factors in New York construction worker deaths in 2021Construction sites are inherently dangerous, and falls are one of the leading causes of death and injury in the industry. That’s why it is essential for construction companies to provide their workers with fall protection equipment and follow the safety standards set by the Occupational Safety and Health Administration (OSHA). Unfortunately, some companies prioritize profits over their safety, and the consequences can be deadly.

A recent case in point is the ALJ Home Improvement Inc. of Nanuet, New York. Despite being cited for 33 violations in seven federal workplace safety inspections in the last four years, including nine willful failures to provide required fall protection, the company was again found to be exposing its workers to potentially lethal harm just six months after an unprotected employee’s fatal fall. This time, an inspector with OSHA observed three employees on a roof 18 feet above the ground without required fall protection.

ALJ Home Improvement’s callous disregard for the law and the safety of its workers is unacceptable. OSHA Area Director Lisa Levy, stated that “the company repeatedly refuses to comply with OSHA standards and make worker safety a priority, choosing instead to put profit over the lives of its employees. The reality is that a safe workplace is actually a more profitable workplace.”

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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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deadly-construction-site-at-126-LafayetteA construction worker died and 3 others suffered personal injury after a wall collapsed at a Manhattan construction site located at 126 Lafayette Street near Canal Street.

The accident occurred on Tuesday around 1:00 pm. Workers were demolishing a 3-story building. They had already demolished the third floor when a rear wall collapsed, burying a 64-year-old worker under a mountain of rubble. Two other workers tumbled from scaffolds and another one was also injured.

Firefighters arrived quickly at the scene and used  their owns hands and hand tools to remove the victim from the rubble. The 64-year old worker was rushed to the hospital where he later died from his injuries.

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