A construction worker was killed in a Brooklyn building collapse the afternoon of Feb. 2 after he was pinned under the debris. According to a report in The New York Times, the owner of the Brooklyn home had been cited by city building officials for constructing without a permit. When police officers came to the construction accident scene at 1266 50th Street in the Borough Park neighborhood, they found the worker unconscious. Officials at the scene pronounced the victim dead.
FDNY officials said three people were working in the cellar just after noon when the steel decks being used to construct the first floor gave way and collapsed in a V shape. The exact cause of the collapse is not known, but officials said construction material was found on the first floor. No one else was injured and there was no other damage to neighboring homes they said. The collapse occurred on a mostly residential street of small brick apartment buildings and townhouses. We offer our deepest condolences to the family members of the deceased construction worker.
Violation of Stop-Work Order
The Times reports based on New York City Department of Buildings (DOB) records that the homeowner was cited in January for construction done without a permit. The owner was also slapped with a partial stop-work order. Inspectors went to the home in December after receiving two complaints, but were not able to gain access, building officials said.
When inspectors returned to the property in January, they saw excavation being done and ordered a halt. The city had not been provided with plans for the construction project, officials said. A violation hearing for the summons has been scheduled for March 13. Building officials said that the owner had violated the stop-work order and failed to make the property safe for workers.
Liability in Building Collapse Incidents
The Occupational Safety and Health Administration (OSHA) mandates standards for construction activities and requires regular inspections and adherence to industry-specific safety protocols. OSHA also specifies guidelines for worker training, personal protective equipment usage, and emergency response procedures. Additionally, OSHA requires employers to address potential structural hazards promptly, conduct risk assessments, and provide workers with information about potential collapse risks.
By enforcing these regulations, OSHA aims to minimize the risk of building collapses, safeguarding the well-being of construction workers and the public while promoting a culture of safety within the construction industry. Compliance with OSHA standards is essential for preventing accidents and ensuring the stability of a building or structure.
Determining liability for a building collapse can involve multiple parties, depending on various factors contributing to the incident. Contractors, construction companies, or builders may bear liability if the collapse resulted from poor construction practices, the use of substandard materials, or negligence (carelessness) during the building process. Engineers or architects can be held accountable if design flaws or errors contributed significantly to the collapse.
Building owners/managers may be held responsible if they failed to maintain the structure adequately or ignored necessary repairs that could have prevented the collapse. Additionally, manufacturers of faulty building materials or components may be held accountable if their products were the cause of the collapse. In some cases, multiple parties can share liability based on their extent of involvement or responsibility in the construction, design and maintenance.
Contacting an Experienced Lawyer
Workers who have been injured in such construction accidents may be eligible to receive workers’ compensation benefits, which covers medical expenses and a portion of lost wages. In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses.
Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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Source: https://www.nytimes.com/2024/02/02/nyregion/brooklyn-building-collapse.html