Linden Samuel, 57, was killed in a construction accident in the Bronx the morning of Dec. 15 after officials say he was struck by equipment. According to a report in the New York Daily News, the incident occurred on Carter Avenue near East 176th Street at a state-run construction site where housing for the homeless is being built. Samuel was working at the site when an excavator bucket fatally struck him, police said.
When the excavator operator stopped to assist Samuel, the bucket came down
The Housing and Community Renewal, a state agency, is in charge of the construction project, the Daily News reports, adding that plans at the site call for 154 affordable homes including 86 with on-site services for the homeless. The New York City Department of Buildings website indicates 17 complaints linked to the Carter Avenue address.
Samuel’s wife Shaneeka Samuel, told the Daily News that she is looking for answers about her husband’s death. We offer our deepest condolences to the family of Linden Samuel for their tragic loss. They will be in our thoughts and prayers.
Being struck by objects or equipment is one of the most common causes of construction accident fatalities. The U.S. Occupational Safety and Health Administration (OSHA) lists “struck-by accidents” as one of the “Fatal Four” or top four causes of construction accidents that results in death. Also, victims of struck-by accidents tend to suffer major or catastrophic injuries such as head trauma, spinal cord damage, broken bones and internal organ damage.
Approximately 75% of struck-by fatalities involve heavy equipment, OSHA states. In the past decade, there have been more than 700 workplace deaths because of struck-by accidents. Heavy equipment as well as tools that are not secured or dropped on the job can cause serious injuries to workers at construction sites. Construction companies and other parties in charge of managing the project have a duty to protect workers who are operating at the site. In addition to job and safety training, workers must be provided with necessary safety equipment such as helmets, goggles, steel-toed boots, etc.
Injured construction workers have rights. Whether you are union or nonunion, documented or undocumented, you have legal rights if you have suffered a serious personal injury on the job. You may be entitled to workers’ compensation benefits. In addition, you may be able to file a third-party lawsuit for substantial money damages against a number of 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.
If you have been injured on the job, it is important that you take certain steps to protect your rights including reporting the incident promptly to your supervisor, getting medical attention and treatment and ensuring that crucial evidence from the accident scene is preserved. It is also important that you document all your medical and other expenses relating to the injury.
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
Sources: https://www.nydailynews.com/new-york/nyc-crime/ny-widow-bronx-worker-killed-site-seeks-answers-20221217-uagdg3byvbg6pkf7kpq6dltmaa-story.html
https://www.nydailynews.com/new-york/nyc-crime/ny-construction-worker-death-bronx-nypd-fdny-20221215-fk57lov63vhfhpzrxipygkgo4e-story.html