New York Injury Lawyer Blog

As we recently discussed on our New York Injury Lawyer Blog, the temperatures are rising and everyone is in trouble if they don't take the proper safety precautions to stay cool in the summer season.

We recently discussed the risks that small children face when they're left in vehicles unsupervised. Now we're talking about the risks that grownups have in the heat, more specifically on the job. Construction workers and other employees who work outside in labor-intensive positions have some serious risks regarding heat-related injuries in Manhattan and elsewhere during the upcoming season. The temps are rising and employees are heading outdoors to get some work done. It's important for employers and employees to create new, or review existing, procedures regarding heat illness during this time of the year. Having a plan in place and having knowledgeable workers can help to reduce the risks of one of these accidents.

According to the Occupational Safety and Health Administration (OSHA), their national outreach initiative has been re-launched to help to educate employees and employers about the risks of working in the heat. This year's campaign mirrors much of last year's and works to spread the word and raise awareness about these potentially fatal accidents.

Our Manhattan construction injury attorneys understand that there are simple ways to beat the heat, it's just making sure that employers and employees use these steps to do so. There are three words, water, rest and shade, that may be the key between a safe working environment and a potentially fatal work accident this summer. Workers are urged to stay hydrated throughout the day and to get plenty of rest in the shade. Workers should be allowed frequent breaks when working in high heats. These three simple words can save lives!

Each year, there are thousands of employees across the U.S. who suffer from various heat-related illnesses on the job. If these injuries are not addressed immediately, fatal injuries can result. Every year since 2003, there have been over 30 workers who have died on the job because of these kinds of accidents.

"It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse," said Dr. David Michaels, with OSH.

The Administration has released a number of informational and instructional materials through this year's campaign to help to get these safe practices underway on the work site. Employers and employees are urged to check them out on the WATER. REST. SHADE. website.

Check the newly-released web page for information regarding how to prevent heat-related illnesses, how to spot the symptoms of a heat-related injury and how to treat a victim if you or someone you love has been affected. Staying in the know can help to save lives.

Continue reading "Heat-Related Injuries in Manhattan and Elsewhere Likely with Rising Temps" »

New York construction accidents are very common and can be extremely dangerous. Our experienced New York injury attorneys understand that a work accident can hinder your life. We are here to help you get the benefits you need to get the medical care you deserve.

David Barno (Barno) worked as a laborer. State ex rel. Ruscilli Constr. Co., Inc., v. Indus. Comm'n., No. 2012-Ohio-1588 (Ohio S.Ct. Apr. 12, 2012). He was hired by an employment agency which assigned temporary workers to construction projects. This employment agency assigned Barno to work on a renovation project for Ruscilli Construction Company (Ruscilli). This site had several openings in the concrete that led down to the basement. The workers who were familiar with the construction site were familiar with the location of these openings. However, Barno had not been informed of the presence of these openings. On his third day of working on the site, Barno was instructed to remove some wood that was left on the floor within the construction site. Upon doing this, Barno lost his balance and fell back into a fifteen-foot-deep hole. He sustained severe injuries to his face and head.

Barno argued that he was injured while working for Ruscilli because Ruscilli had failed to comply with the specific safety requirements surrounding the floor openings on construction sites. Barno received initial workers' compensation benefits; however, he sought additional benefits because of Ruscilli's alleged violation of specific safety requirements (VSSR) stipulated in state statute. The Ohio statute provided that any floor openings had to be guarded by a guard railing and toeboard, a cover with a safety factor, or the use of a safety belt or harness. Ohio Adm. Code 4123: 1-3-04(D).

Ruscilli denied any such VSSR, and a proceeding began before a workers' compensation commission staff hearing officer (SHO). Ruscilli had the site foreman and the company corporate safety secretary testify as to the safety measures on the construction site. Webb, the safety secretary, indicated that there was customarily plywood sheets placed over any floor openings. These plywood sheets were nailed down by special nails that went into wood and concrete making them difficult to be moved or lifted. Additionally, the foreman testified that the plywood had a painted warning stating "hole" to be visible to the workers.

Barno argued that the plywood covering the hole was thin, had no sign on it and it was not nailed in. Because of this, the SHO found that Ruscilli had violated the state statute controlling floor openings on construction sites. Ruscilli appealed this SHO decision claiming that the SHO had abused its discretion by basing the case decision on factual mistakes.

Upon a review of the case, the facts presented, and the legal analysis, the Ohio Supreme Court found that the SHO decision could not be upheld because there were several major errors involving law and fact. This court dealt with the question of whether this plywood cover used by Ruscilli could be accidentally displaced.

Because the SHO had misstated the state statue to include the requirement that the cover could not be easily displaced; this court found that Ruscilli had not actually committed a VSSR. Therefore, the decision of the SHO granting Barno additional workers' compensation benefits was not upheld.

Continue reading "The Dangers Involved in New York Construction Site Accidents Discussed in Ruscilli v. Indus. Comm'n. " »

A recent crane accident in Manhattan that left a man dead could have been prevented, officials say.

The long boom of a construction crane that crashed at the Manhattan work site was supposed to be checked out this week by the city's building authority. The initial inspection couldn't be completed because the crane was being used, so it was put off until later, according to the Times Union.

The crane involved in the fatal work accident was last inspected earlier this year, in the beginning of January. The January inspection concluded that the "Crane cannot be laid down to inspect boom section, safetys only checked."

Our New York construction accident lawyers understand that the cab and the station were determined to be in satisfactory conditions. The follow up to complete the initial inspection for that crane had been scheduled for two days after the accident occurred. The inspection before that, back in July of 2011, determined that there were no deficiencies with the crane at that time.

But that was then and this is now. In the most recent crane accident, a 30-year-old worker was killed when the boom broke and fell apart as it was moving rebar at a site where the Metropolitan Transportation Authority (MTA) was building the extension of the No. 7 subway line past Times Square.

A number of officials and agencies are still investigating the accident to determine the exact cause. Included in these investigating teams are officials with the MTA, the Manhattan district attorneys and the local police department.

As a result of the accident, the transit company has made an announcement stating that it would be inspecting every one of its cranes at all of its sites throughout the city to help make sure that all others are being operated correctly and safely.

This is the city's third deadly crane accident in just the last four years. It also comes after a number of scandals involving corrupt or lax oversight scandals involving the industry.

Back in 2008, following two serious crane accidents that ended up killing nine people and damaging several buildings, officials in New York City completely overhauled the safety procedures and rules regarding cranes.

The particular crane in the Manhattan accident was exempt from many of the new rules because it was operating for an independent state authority.

Christine Quinn, the city's City Council speaker, says that the lack of adherence to these new rules could be the main cause of the accident.

"The MTA should follow those rules that we worked so hard to devise," said Jessica Lappin, a City Council Member.

Continue reading "Fatal Crane Accident in Manhattan Brings Up Safety Concerns -- Again" »

There's been another fatal work accident in Manhattan. The same general contractor that was heading the project during the first project was heading the project during this second accident when the building collapsed.

What's most alarming about this accident is that this problem had already been addressed and it was supposed to be fixed. Bovis Lend Lease made a legal agreement back in 2008 to update its safety practices, according to WYNC. The 2008 contract came after a fiery and deadly fire at the Deutsche Bank building. Two firefighters were killed in this 2007 accident. In the most recent accident, the building was being taken down as part of the expansion project of Columbia University. In the accident, a 69-year-old worker was killed and two others were seriously injured.

It has not been specified if the company was in fact upholding its end of the agreement and was working on its safety procedures. This agreement established after the building fire at Deutsche Bank was a non-prosecution agreement.

Our New York injury lawyers understand that the company said that it would bring on an independent monitor to overlook the workings of the new and improved safety initiatives and to figure out whether or not the company was bringing on capable sub-contractors. The agreement was to last for 5 years. The monitor of the project was to supposed to submit reports regarding progress. The Manhattan District Attorney wasn't able to produce those reports.

"The reports are not public and I will decline comment for now," said spokeswoman Erin Duggan

According to the Department of Buildings, safety investigators will be looking into the fatal accident for more information. Regarding the preliminary investigations, employees cut right through one of the building's structural beam, which is believed to have likely been the cause the collapse of the building.

Breeze National, a construction company that is based out of Brooklyn, was in charge of demolishing the building. The Department of Buildings reports that the company already had two prior violations back in March for neglecting to make sure that the construction site was safeguarded and for neglecting to notify the DOB that the work at the site had stated.

Both of the accidents (the one in 2007 and the most recent one) occurred under the supervision of the same man, according to reports.

When hazards are discovered at a work site or anywhere else on the job, they are to be corrected to help ensure employee safety. In the case of the Bovis Lend Lease accidents, a legal agreement was made to correct these scenarios. The corrections failed and the company should be held liable. Federal standards are in place to protect employees and it's our job to make sure that these rights are recognized and protected.

Continue reading "Second Fatal Work Accident in Manhattan Lands Company in Big Trouble" »

Workers at the World Trade Center construction site had a close call earlier this month, when steel beams plummeted 40 stories to the ground below.

The New York construction accident happened when, according to CNN, there were three steel beams, each about 60 feet long, that toppled down to the area where workers were standing. It was reportedly a crane cable that snapped, causing the beams to fall.

Thankfully, no one was hurt in the incident.

New York City construction accident attorneys know that in many instances, the term "accident" is used to imply that no one was at fault. While this situation remains under investigation, the fact is that most construction "accidents" could have been prevented if the proper procedures had been in place. Workers have an expectation that their employers will protect them from foreseeable dangers that are commonly present on construction sites, particularly in New York City, where workers are often working on sites such as this, which are dozens of stories high.

CNN is reporting that in this case, the beams - which weighed several tons each - came crashing down at one of the new towers that is being constructed at the place where the Sept. 11 terrorist attacks occurred.

A spokesman for Tishman Construction, the company that is responsible for overseeing the development at the site, reports the crane cable somehow broke. That caused the steel that was being lifted to be thrown down about 40 stories (which equals roughly about 400 feet) onto a flatbed truck. It was the same truck that had been used to haul equipment to the site.

The dangerous episode happened inside an area of the site that was closed off to the public, and luckily, no workers were in the direct path of the falling debris.

The total height of the building under construction is about 72 stories (which equals about 720 feet, perhaps a bit more). It's intended to face the site of the World Trade Center memorial park, which is being constructed to honor victims of the terrorist attacks. The plan is for the site to be opened to the public by next autumn.

Even Mayor Michael Bloomberg weighed in on the situation, saying he was grateful no one had been seriously injured by the beams.

The Tishman spokesman added that the company is looking into what happened, along with the help of authorities from the city fire department and Department of Buildings, as well as experts from the Port Authorities in New Jersey and New York.

Some work at the site has been suspended for now, until the results of the investigation are released.

It's not yet clear whether the company had the appropriate safety measures in place. If it did, it will be interesting to see whether those were followed.

There are several steps construction employers must take in order to protect their employees. One of those includes developing a formal and adequate hazards protection plan. Each plan needs to be tailored to whatever the operation or project is.

At a minimum, employers need to have a safety orientation that describes where, how and when to report injuries. It also needs to show workers how to use any protective gear that may be required, identify any dangerous gases or chemicals that workers may encounter and outline a procedure for reporting unsafe practices.

Continue reading "New York Construction Accident Reported at World Trade Center Site " »

New additions have been made to the Move Over law in New York which took effect the first of the year.

Do you know what they are?

Our New York car accident attorneys are here to tell you about the revisions and how to make sure you're safe and following the law when traveling near vehicles now covered under the updated law.

Now, instead of simply moving aside for police cruisers and ambulances, motorists will be required to move over when they see a tow truck, maintenance crew or road construction. The new laws can help to avoid a car accident in New York, especially for those who are responding to a car accident or working to make our roadways safer.

The law requires motorists to change lanes when approaching a vehicle that has flashing amber or red lights. The amber light is an addition to the law. Previously, only red lights had been covered.

The commissioner of the New York State Department of Transportation, Joan McDonald, says drivers need to be aware of the additions and to keep an eye out for maintenance crews, construction areas, tow truck drivers and police officers. By moving over when traveling down the roadway and providing an extra lane of space, we can all do our part to help to reduce the risks of car accidents involving these workers.

Roadway construction crews work in dangerous conditions just to help to make the roads safer for all of us. This law is the least we can do to help protect them. It's time to give them some room to do their job.

Tom Brennan, President of the Empire State Towing and Recovery Association, says he's already been personally involved in two accidents while sitting on the side of the road helping stranded motorists. He says the first accident ended up seriously injuring one of his customers. He says towing industry employees were in dire need of additional protections. He expressed gratitude for this law and congratulated tow truck drivers, hazard vehicles and enforcement cars on their step towards safer roadways.

Covered under the new Move Over law:

-Construction vehicles.

-Highway maintenance vehicles.

-HELP trucks.

-Tow trucks.

-Police vehicles.

-Hazard vehicles.

If you don't move over for one of these vehicles and provide them with ample space to do their job, you could face a fine of nearly $300. This is in addition to about $85 for a court surcharge and potentially 15 days in jail. That's not all! You could also receive three points on your driving record, too.

Over the last few years, officials with the New York State Troopers, at the Onondaga County Sheriff's Office, at the Westchester County Sheriff's Office, at the Erie County Sheriff's Office and a man who was part of a lane striping crew in Erie County have been killed because motorists failed to move over.

Continue reading "Move Over Law Upgraded to Help Reduce Risks of Car Accidents in New York" »

A tragic accident in Harlem injured 18 people when parts of a building and scaffolding fell onto a MTA bus.

Our New York injury lawyer Nicholas Rose realizes this incident could have been much worse if more people were walking near the building when this accident took place.

The scaffolding was assembled to aid in the demolition of a five-story brick building on West 125th Street near Frederick Douglass Boulevard. It appears the company doing the demolition work will be issued numerous violations by The Department of Buildings. According to a Harlem Councilwoman, the company was using unlawful mechanical equipment and the procedures they were using to conduct the demolition were not correct.

Eight passengers on the bus, which was about to leave the bus stop, were among the injured. Several pedestrians trapped under the debris of bricks and rocks had to be rescued by emergency personnel. A construction worker suffered the most serious injury as the result of the fall he took when he jumped off the falling scaffold. At least three additional workers sustained minor injuries.

Fire officials on the scene reported that none of the injuries appeared life threatening. While digging through the debris to rescue trapped victims, two law enforcement officers suffered minor injuries. Preliminary reports indicate that while the elevator shaft was being demolished, bricks and debris fell from the building. They hit the scaffolding, which, in turn, caused it to fall onto the bus.

There had been complaints made to the Buildings Department about the demolition site but no violations were discovered by the inspectors who went to investigate. After the accident federal Occupational Safety and Health Administration (OSHA) and the city Department of Buildings will be visiting the site.

According to the U.S. Department of Labor, there are roughly 2.3 million people working in the construction industry and about 70 percent of them work on scaffolds. Last year, OSHA reported about 100 workers in the U.S. died from injuries suffered in scaffold accidents.

The leading causes of scaffolding injuries were the worker slipped, the support planking broke or a worker was hit by a falling object. Serious accidents have been reduced due to OSHA enacting more stringent regulations. It is the law that employers take the proper preventive measures to ensure the safety of their employees and to shield individuals from harm when on and around scaffolds.

There are unique laws in the City of New York regarding liability involving scaffolding accidents. Property owners and contractors are held accountable for the safety of all (workers and pedestrians) that may be injured in a scaffolding accident. Hiring the right attorney who is knowledgeable of the particular conditions of the New York scaffolding laws is extremely valuable. Answers to questions regarding the bracing, the assembly, the work platform and the procedures for securing the scaffolding are vitally important.

Continue reading "Recent New York Scaffolding Accident Injures Pedestrians, Bus Passengers, Construction Workers" »

A freight elevator on Sixth Avenue between 18th and 19th streets plunged three floors and injured 22 people in a Manhattan construction accident. The New York City fire officials reportedly responded to call at 7:00 a.m. from the seven-story commercial building in Chelsea. Injuries were minor, but nine workers were taken to the hospital for precautionary measures, according to The Wall Street Journal.

Fire officials state that the elevator dropped three stories. A spokeswoman for the Police Department reports that it fell four.

Our New York personal injury attorneys understand that accidents in elevators are not an uncommon occurrence. It is the responsibility of the property owner to make sure that these facilities are in proper and safe working condition. If you have suffered an injury from a malfunctioning elevator, you're are urged to contact an experienced attorney to help you fight for your rights and to gain the deserved compensation for your injuries and suffering,

Reports indicate that the 22 passengers suffered from "whiplash-like injuries" and were taken to local hospitals. The nine who suffered the injuries were reportedly listed as serious but not life threatening. These injuries can often result in long-term medical complications involving the back, neck or spine.

According to the New York Times, the Department of Buildings inspected the elevator and issued a violation to the owner of the building. The owner is listed as CF 620 Owner One LLC and the violation was for failing to maintain the elevator and for illegal use of the elevator. The freight elevator was being used a passenger elevator.

"Its brake was defective, causing it to not work properly," said city Buildings Department spokesman Ryan Fitzgibbon.

Records indicate that the elevator has received zero violations in the past 15 years.

Villanova University offers you these safety tips for you to remember for elevator emergencies:

-Remain calm and do not leave the car unless you've been instructed to do so by trained personnel.

-If the elevator is stuck, press the emergency call button (if available) and wait for trained assistance.

-Don't try to stop a closing door with your arm or hand. Some elevators will not reopen and your arm could get stuck between the set of heavy doors.

-Do not try to climb out of the elevator. Wait for trained responders to help assist you.

Continue reading "Plunging Elevator Sends 22 to Hospital in New York Work Accident" »

A judge has found the rigger blamed for a deadly New York City crane accident in 2008 not guilty for the construction disaster that killed seven people in midtown Manhattan, the Associated Press reported.

One of the nation's deadliest crane accidents, the collapsing tower crane killed six construction workers and a tourist. The rigger has been the only person to face criminal charges; prosecutors allege that he did a reckless job of security the 200-foot crane.

The rigger declined a jury and left his fate up to a judge. His defense lawyer claimed the defendant acted in accordance with industry standards and that the accident was the fault of other engineering decisions and shoddy welding.

The fatal New York City construction accident, and a second crane accident that killed two people a month later, led to an overhaul of the city's crane-inspection department. Other cities, including Chicago and Dallas have also taken a closer look at crane safety.

Cranes pose a real threat, not only to construction workers, but to those on the ground and residents and guests of adjacent buildings. The Occupational Safety & Health Administration reports that an average of 60 to 80 people are killed each year in crane accidents nationwide.

The City of New York licenses more than 1,700 crane operators.

Continue reading "Crane rigger acquitted in fatal New York City construction accident" »