A subcontractor who is currently overseeing the construction of a 35-story high-rise in downtown Brooklyn where a laborer, Raul Tenelema Puli, fell to his death last November, is facing a fine for having failed to provide scaffold fall protection to the victim. According to THE CITY, the U.S. Occupational Safety and Health Administration (OSHA) found that to be a willful violation of federal workplace safety standards.
OSHA has slapped the subcontractor with fines totaling $128,132 after investigating the fatal construction accident at a Fulton Street job site. Inspectors in May substantiated three violations of federal workplace safety standards against the company, including the “willful” violation, which is the most serious category. Two additional serious violations include not properly securing ladders and scaffolds meant to protect workers and pedestrians at the non-union site.
Fall from Scaffold
Tenelema Puli was installing a scaffold the morning of Nov. 2 when he slipped and fell 20 feet and was crushed by what was described in city Department of Building records as a 30-foot-long I-beam. He was rushed unconscious to an area hospital where he died from his injuries. Officials said he died from blunt-force trauma.
Soon after Tenelema Puli’s death, the city’s Department of Buildings visited the site and found that there were no working platforms to protect workers who were erecting the scaffolding. The city slapped the general contractor on the project with $25,000 in fines for Class-1 violations, which are the most serious kind.
In August 2021, investigators had been summoned to the same site after another worker was hit in the head by a steel rebar resulting in a violation against the general contractor for “failure to institute safety equipment measures at the time of inspection.” Records show the firm remedied the issue and the violation was dismissed.
Protection Under New York Labor Laws
Construction remains New York’s deadliest industry and workers who are non-union and Latino are most at risk. About 10% of New York State’s workers are Latino. However, Latino workers accounted for more than a quarter of workplace fatalities statewide, according to an analysis by the New York Committee for Occupational Safety and Health, a worker safety watchdog group. At the 15 sites OSHA inspected after a fatality in 2021, 80% of the workers were non-union.
Many construction workers in New York City such as ironworkers, steelworkers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. carry out their jobs while on scaffolds, ladders, platforms, etc. One of the important labor laws that protects the rights of injured construction workers in New York is Labor Law 241. This law, in conjunction with the New York State Industrial Code, provides detailed guidelines on how worksites must be organized and maintained in order to keep workers safe. New York Labor Law 241 (6) states that a property owner or contractor can be found negligent (careless) if an accident occurred while under their supervision. If you suspect that your injury was the result of an unsafe construction site that did not adhere to these safety laws, it is important that you contact an experienced New York City construction accident lawyer who can help you better understand your rights under the law.
Contacting an Experienced Lawyer
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.
If you or a loved one has been injured 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. For over 51 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.
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Source: https://www.thecity.nyc/2023/6/11/23757136/raul-tenelema-puli-construction-death-nunez-consulting-colgate-scaffolding-galaxy-developers-osha