Elected Officials and the leader of the union that represents 10,000 construction workers are issuing a new call asking the city to remove the general contractor on the Edgemere Commons construction project after a worker was injured in a fall accident recently. According to a report on QNS.com. the incident occurred about two weeks after elected officials and union leaders held a rally at the site in opposition of the general contractor on the project. The rally was held following an earlier construction accident where a worker had been struck in the knee by splintered wood.
Violations at Work Site Reported
In the latest incident, the New York City Department of Buildings (DOB) issued a stop-work order at the Beach Channel Drive site after the victim fell from the seventh floor and suffered a back injury. While investigating this incident, DOB inspectors discovered the safety coordinator was working with an expired license, QNS.com reported.
Work resumed at the site after the general contractor brought in a new project safety coordinator even though workers said they still faced dangerous work conditions. The news outlet reports that since 2004, six workers have died on construction sites tied to this general contractor. After the second worker was hurt, DOB issued a summons for the expired license to the site safety coordinator. Officials are also pushing for the passage of Carlos’s Law, named after 22-year-old Carlos Moncayo, an Ecuadorian laborer who was buried alive at a Manhattan construction site in 2015.
Compensation for Injured Workers
Construction accident victims may file a workers’ compensation claim with their employer’s insurance carrier. Injured workers in New York City may be entitled to workers’ compensation benefits, regardless of who was at fault for their accident. Workers’ compensation provides medical treatment, wage replacement, and other benefits to employees who suffer work-related injuries or illnesses.
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.
Protections for New York City Construction Workers
Many construction workers including roofers, ironworkers, steelworkers, laborers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. carry out their tasks at elevations while on scaffolds, ladders, platforms, etc.
In recent years, New York City has implemented various measures to enhance the safety of construction workers and protect them from worksite safety violations. These measures include regulatory changes, increased enforcement efforts, and the implementation of new safety protocols. Some of the key protections for construction workers in New York City include:
- Local Law 196: Local Law 196 of 2017 mandates that workers at certain construction sites receive a minimum level of safety training. This law requires workers to complete a 30-hour OSHA (Occupational Safety and Health Administration) safety training course and supervisors to complete a 62-hour course. The law aims to ensure that workers have the knowledge and skills to identify and mitigate workplace hazards.
- Increased inspections: The New York City Department of Buildings (DOB) has increased the frequency of inspections at construction sites to identify safety violations and ensure compliance with safety regulations. Inspectors are tasked with enforcing safety standards and issuing citations or stop-work orders for violations.
- Site safety plans: Construction projects in New York City are required to have site safety plans detailing the safety measures and protocols to be implemented during construction. These plans must address hazards such as falls, collapsing structures, and falling objects. Site safety managers are responsible for overseeing the implementation of these plans and ensuring compliance with safety regulations.
- Safety harnesses and guardrails: Workers are asked to use safety harnesses and other fall protection equipment when working at heights. Guardrails must be installed on elevated platforms to prevent falls. These measures help reduce the risk of serious injuries or fatalities from falls.
- Safety stand-downs: Periodic safety stand-downs are conducted at construction sites to provide training and raise awareness about specific safety hazards or issues. During a safety stand-down, work may pause temporarily to allow workers to participate in safety training sessions or discussions.
- Legal recourse: Workers who are injured due to safety violations or negligence (carelessness) at a construction site have the right to pursue legal action against responsible parties. Personal injury lawsuits can seek compensation for medical expenses, lost wages and benefits, pain and suffering, and other damages resulting from a construction accident.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a construction accident, the experienced 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. 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. 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: https://qns.com/2024/02/second-worker-injury-at-edgemere-commons-construction-site-leads-to-new-calls-for-removal-of-general-contractor/