A 36-year-old man died in a construction accident in the Upper West Side in Manhattan after falling from a building. According to a report on Gothamist.com, the incident occurred the morning of Nov. 28 at 263 West End Avenue in Manhattan. A preliminary investigation by the New York City Department of Buildings (DOB) found that the worker was installing netting around a supported scaffold in the 15th floor level when he fell to the sidewalk shed below.
Ongoing Investigation
Records show the DOB issued a full stop-work order at the site. A stop-work order is typically issued when a site is said to have unsafe conditions. The owners of the 23-story building have active work permits for facade repair and supported scaffold, DOB officials said.
DOJ officials have also said that they are conducting a thorough investigation along with law enforcement officials to determine precisely how this fatal construction accident occurred and whether “any corners were cut on the job which may have been contributing factors.” Our heartfelt condolences go out to the family of this deceased worker for their tremendous loss.
NYC Construction Accidents
According to the U.S. Occupational Safety and Health Administration (OSHA), falls accounted for nearly 37% of construction worker deaths in 2020, more than any other cause. This is a trend that has persisted for over a decade now. Construction safety officials have long maintained that these types of tragic accidents are preventable with proper safety equipment and protocols.
There is legislation in the works in New York City to make construction sites safer for all workers. A bill on Gov. Kathy Hochul’s desk called “Carlos’ Law” — named after deceased construction worker Carlos Moncayo — would raise minimum corporate fines to $300,000 for misdemeanors and to $500,000 for felonies in an effort to hold criminally negligent (careless) employers accountable. Currently, the state’s limit is $10,000. Gov. Hochul is still reviewing this legislation.
What Are OSHA’s Rules Related to Scaffolds and Ladders?
OSHA has set forth requirements to protect workers from fall hazards. Companies are required to develop and implement comprehensive fall protection programs including safe access to work at heights and provide workers with fall protection equipment such as harnesses, safety nets and guardrails.
Workers must also be provided training on how to use safety equipment in a language they can understand. Fall protection programs must also be evaluated on a regular basis to make sure they are still effective. They must be changed or updated, if necessary.
Protections for Workers in New York
Construction workers in New York are covered by Section 240 of the New York Labor Law, which charges construction companies, contractors and other parties with the responsibility of providing workers with proper fall protection while constructing, demolishing, remodeling or doing other types of work such as roofing on structures. This law imposes strict liability for accidents to the parties responsible for assigning and managing the work.
Any worker — whether a roofer, ironworker, steelworker, carpenter, electrician, painter, bricklayer or any other type of laborer — who suffers a fall can seek workers’ compensation benefits. In addition, he or she may be able to file a third-party lawsuit for substantial money damages against a number of at-fault parties, and thus have two sources of compensation.
Third-party claims are filed against parties other than the employer or co-employees and may include general contractors, sub-contractors, building owners, managing agents, construction companies, 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.
Contacting an Experienced 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 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://gothamist.com/news/construction-worker-falls-to-death-outside-manhattan-building