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.
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construction workers65 construction workers died from unintentional overdose while on the job in the US in 2018 compared to respectively 48, 32, 27, 18, 17, 7 and 7 in 2017, 2016, 2015, 2014, 2013, 2012 and 2011. These deaths represent more than a quarter of the 305 overdose fatalities at workplaces recorded for all industries in the US in 2018. The construction industry is one of the most affected industries by the opioid crisis in the US.

In its recently published Quarterly Data Report, the Center for Construction Research and Training (CPWR) provides an in-depth analysis of the dramatic increase of unintentional overdose fatalities on american construction sites.

HIGH NUMBER OF UNINTENTIONAL OVERDOSE FATALITIES ON CONSTRUCTION SITES IN THE NORTH EAST REGION

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ProfessorDanielPollackUsing seclusion and restraints on children can result in injury and liability, however in some last resort cases seclusion and restraint might be necessary to protect children or others.

There is too little information available as how frequently the use of seclusion or restraint occur in out-of-home care settings such as foster parents or day care settings.  In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in  New York City explains why more research is needed to evaluate these type of cases.

A PDF of the entire article can be downloaded here

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location of the bus accidentA 10 year old girl was fatally struck by  a school bus in New York City. The accident occured yesterday morning at 6:45 am at the intersection of Crescent Street and Wortman Avenue in the East New York area.

10 year old Patience Heaven Albert was walking to school with her 15 year old brother. They were in the crosswalk when an empty school bus made a right turn from Crescent Street onto Wortman Ave and struck the young girl. The intersection of Crescrent Street and Wortman is a residential intersection with a four-way stop sign.

Reckless bus driver charged and suspended

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On Monday we wrote about the death of 3 pedestrians over the weekend and now we learned that two additional female pedestrians died after being struck by cars in New York City on Sunday and Monday. Since last Thursday, NYC recorded one pedestrian death everyday and two on Sunday. This is intolerable.

No charge in the Bronx fatality

On Monday night a 59 year old female pedestrian was struck by a car while she was crossing at the intersection of Sampson Ave and Tremont Ave in the Bronx, around 7 pm. The woman whose identity has not been released so far, was rushed to the hospital but could not be saved. The driver stayed at the scene of the accident and wasn’t charged. The police are still investigating the cause of the accident. Read more in PIX11

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Following the increase in fatal bicycle accidents in New York City last year the DOT recently announced that New Yorkers would get 30 more miles of protected bike lanes all over the city this year.

DOT-Protected-bike-lane-BrooklynThe de Blasio administration has so far announced that 10 of the 30 miles would be allocated to Brooklyn and 10 others to Manhattan. In Brooklyn where most fatalities occurred last year, cyclists will soon have protected bike lanes while riding along 4th Avenue north to the Barclay Center, while riding out of the new Kosciuszko Bridge on Meeker Avenue and on Navy Street close to the Brooklyn Navy Yard as well as on Remsen Ave in Canarsie.

On the map released by the DOT at a previous conference (see picture), the pink lines show the protected bike lanes that will be added this year in Brooklyn and the yellow lines show potential protected bike lanes that might be added in 2021. The green lines are the existing bike lanes.  Read more here 

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car-that-killed-jose-contla3 pedestrians died and two other were injured after being hit by motor vehicles in New York City over the weekend. Another pedestrian also died from injuries he sustained earlier in the month last Thursday.

The police are still looking for the reckless speeding hit and run driver who killed a pedestrian in Bensonhurst on Sunday morning around 7:25 am

26 year old Jose Contla was standing next to his vehicle parked on 19th Avenue near 86th Street when a driver hit him and took off. He was on his way to open the family bakery where he was working part time to pay for his degree in criminal justice at John Jay College.  Contla fell on the ground and was found unconscious on the road by the EMTs. He was rushed to the hospital but could not be saved. The police are still looking for the driver of a black sedan (see picture).

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A welder died and another construction worker was seriously injured after a building collapsed on a NYC construction site yesterday.

50 year old David Johnson, a father of two daughters going to college, was working on the demolition of a building located at 147-05 94th Ave in Jamaica, Queens, when the second floor where he was standing collapsed.  Johnson and another unidentified worker were buried in the debris. When firefighters arrived, the condition were so bad that they had to use ladder trucks to free the victims. Johnson was pronounced dead at the scene of the accident. Hi co-worker was transported to the hospital with critical injury.

Johnson was an unionized welder with Local 79.  He took the job at the non unionized  demolition site run by the general contractor Cole Partners Inc because it was hard for him to find work. Before the accident, Leslie White, another member of Local 79 who worked as a safety supervisor on another site told him the day before “that thing is going to collapse”. Johnson told her not to worry.

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Hard-Rock-Hotel-construction-accident-e1582228604154The crane accident that killed 4 people at a Google office project in Seattle and the collapse of the Hard Rock Hotel project that resulted in 3 deaths were among the most horrendous construction accidents that occur last year in the US.  While these major tragedies were all over the news, crane accidents and partial building collapses occurred all over the country last year.  A partial collapse of a building in Cinicinnati, a crane collapse in Dallas. Most big cities in the US  had similar tragedies including New York. Last August one man died and five were injured in a building collapse (see previous blog). A crane company was temporarily banned from the city after two consecutive crane accidents including one resulting in the death of a construction worker (see previous blog).

According to the Bureau of Labor Statistics, 175 people are injured in crane accidents and 44 die on average every year in the US

Most crane accidents are caused by human errors. Many of them such as the one that occurred at the Google site in Seattle or the one that killed a worker in New York occur during the  assembling or the disassembling of the crane.  The assembly/dissassembly director is in charge of making sure that the manufacturer guidelines and all safety procedures are followed during this dangerous operation. While OSHA introduced new regulations last April, these regulations are mostly related to improving crane operator’s knowledge and training.

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skull-breaker-challenge-victimSeveral children and teenagers recently suffered serious personal injury after they were pranked by others in a new disturbing challenge on the popular app Tik Tok called “The skull breaker challenge”.  The prank requires two people to ask a third person to stand in line with them and take turns jumping. The person pranked is placed in the middle and when she or he jumps the two others kick their feet out from under making the person in the middle fall backward.  A 12 year old kid in Alabama ended up at the hospital with a broken wrist. Another 16 year old girl in Miami was also hurt in the same prank after she was told by other kids that they were shooting a video for a school project. A 13 year old  boy in New Jersey suffered a concussion followed by a seizure. His mother said that she arrived at the school 20 minutes after the accident and found her son unresponsive while the school was waiting for an ambulance.

SERIOUS INJURIES AND DEATH

Falling backward can not only result in serious injury but can also be deadly. Severe injuries of the neck and head can occur when falling backward. Bruises, hematoma, skull fracture, neck fracture and concussion are the most common injuries suffered in these type of accidents. Internal bleeding, loss of consciousness, paralysis and death can also occur in the worst cases.

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cell-phone-on-construction-siteCell phone usage on construction sites may increases the risk of accidents. While there are no specific rules when it comes to cellphone usage on a construction site, it is the employer’s responsibility to keep employees safe and to train them about cell phone usage while working on an active construction site.

Headphones are not OSHA approved ear protective devices

While OSHA requires construction workers to use ear protective devices when the noise on a site exceeeds permissible noise exposure limits, they are not talking about headphones or earbuds. While some manufacturers are advertising that their headphones are OSHA approved or OSHA compliant,  OSHA warned in a recent letter that these claims are misleading.  Listening to music when working on an active construction site covers environmental sounds and increases the risk for construction workers to be struck by hazards while performing their work.

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