Construction Worker Fatally Injured in Cherry Picker Accident

Ommatt Cruz, 19, was killed in a tragic construction accident after he was struck by a mobile hydraulic lift the morning of Nov. 17. According to a WABC news report, Cruz was directing his father, the cherry picker operator, through an intersection in the East Village. Cruz was reportedly attempting to guide his father onto a flatbed truck through the busy intersection at First Avenue and East 7th Street.

He was then apparently run over by the lift, witnesses said. Police said Cruz suffered severe trauma to his body and was pronounced dead at the scene. We offer our deepest condolences to this worker’s family for their tragic loss. The cause of the accident remains under investigation.

In 2021, there were 22 worker fatalities in the private construction industry sector in New York City, according to the U.S. Bureau of Labor Statistics (BLS). In this sector, except for a drop during the pandemic, annual construction accident fatalities have stayed in the low to mid 20s, according to the most recent numbers. There were 13 deaths in 2020, 24 in 2019, 22 in 2018 and 20 in 2017.

Construction Accidents Involving Hydraulic Lifts

Hydraulic lifts are commonly used at construction sites to bring workers and materials up to the elevation needed for carrying out the work. This equipment does pose safety risks and can lead to serious injury accidents if not used properly or if safety measures are not followed. Some common construction accidents involving hydraulic lifts include:

• Falls: Falls from heights are one of the most significant risks associated with hydraulic lifts. Workers can fall from the lift platform if it is not properly secured, if the guardrails are absent or damaged, or if they lean out too far.
• Tip-overs: Hydraulic lifts can tip over if they are not set up on stable ground or if the machine is overloaded. Uneven or unstable surfaces can cause the lift to become unbalanced, resulting in a tip-over.
• Mechanical failures: Hydraulic lifts rely on various mechanical components and systems. Malfunctioning parts, hydraulic system failures, or electrical issues can lead to accidents or equipment failure.
• Entanglement or crushing: Workers can get caught or crushed between the lift and other objects or structures if the lift moves unexpectedly or if the workers have not been made aware of their surroundings.
• Electrocution: Working near power lines or in areas with electrical hazards bears the risk of electrocution, especially if the lift comes into contact with live wires.

These Types of Accidents Are Preventable

To prevent such accidents, it’s essential to follow safety protocols and regulations, including:

• Proper training: Workers operating hydraulic lifts should receive thorough training on the safe operation of the equipment, including how to handle emergencies.
• Equipment inspection: Regular inspections of the hydraulic lift should be conducted to ensure that it’s in proper working condition. Any defects or issues should be addressed immediately.
• Adherence to safety guidelines: Workers should use personal protective equipment (PPE) including fall protection gear, follow weight limits, and adhere to safety procedures while operating the lift.
• Site assessment: Conducting a thorough assessment of the work site for potential hazards such as unstable ground, overhead obstacles, or electrical hazards can prevent accidents.
• Communication and supervision: Clear communication among workers and proper supervision can ensure that everyone is aware of the potential dangers as well the required safety measures and help avoid any injury accidents.

Compensation for Workers and Families

Worksite accidents can result in serious injuries not only for workers, but also passersby. Injuries from these types of accidents can prove catastrophic or even fatal. Injured victims or families of deceased construction accident victims can seek compensation from at-fault parties including, but not limited to, the construction company, general contractor, subcontractor, building owner, equipment operator, maintenance firm, etc.

Injured workers can seek workers’ compensation benefits from their employers to help cover medical expenses and a portion of the lost wages. Workers who have been injured in accidents on the job 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 have been injured in a construction accident, even if you are undocumented, you are eligible to receive workers’ compensation benefits and have the right to file a third-party lawsuit.

Contacting an Experienced Lawyer

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, 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. 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-struck-killed-by-cherry-picker-father/14075418/