A construction company and its management were charged in a partial collapse at a Bronx worksite that killed a worker. According to a WABC news report, the Bronx District Attorney’s office said it uncovered multiple layers of fraud used to get the permits to build at 94 East 208th Street. This is the first criminal case ever in a construction fatality case in the Bronx.
The DA ruled that fraud and negligence (carelessness) as well as violations of construction safety regulations caused the fatal incident and led to the death of 46-year-old Carlos Huertas. At least four others were injured in the construction accident when tons of cinderblocks collapsed onto a roof, which caved under the weight. Huertas’ wife and five children were present when Bronx District Attorney Darcel Clark announced charges against three contractors in charge of the worksite, WABC reported.
‘Entirely Preventable Death’
Clark said the worker’s horrendous death was entirely preventable and that the worksite was “a deathtrap waiting to happen.” The DA’s office states that the contractors disregarded building safety codes and worker safety protections here and also filed false documents to get a building permit. In one instance, one of the contractors, a former employee of the New York City Department of Design and Construction, was paid $3,000 to use his credentials, but allegedly never visited the site, the DA said.
Investigators said the defendants failed to follow the law and “to carry out their most basic responsibilities, including to show up in person to ensure safety standards were being met.” The company also allegedly hired non-union labor to build, with no supervision.
The investigation showed that on the day of the incident, workers were bringing cinder blocks and bricks from the second floor onto a work platform on the third floor. The platform itself was not properly assembled to bear the weight of the building materials. Therefore, it buckled causing the workers on the platform, the bricks and the platform to fall onto the construction workers on the second floor. Huertas’ tragic death led lawmakers to pass Carlos’ Law, which creates greater accountability for avoidable injuries to construction workers in New York. This new law raises penalties for criminal corporate liability with a fine of up to $500,000.
Injuries and Compensation
Workers who have been injured in fall-related 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.
Contacting a Construction Accident Lawyer
If you have suffered injuries in a construction-related 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, and also fight hard to recover just compensation for you.
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. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. 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.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://abc7ny.com/construction-worker-death-manager-charged-company-manslaughter/13117304/