A construction worker suffered critical injuries and later died the morning of Oct. 23 after falling 60 feet at the Gateway Tunnel site near West 30th Street and 11th Avenue in Hudson Yards. According to a w42st.com news report, emergency services responded to the scene of the construction accident where FDNY firefighters and work crews lifted the injured victim out of the deep hole using a rope and pulley system rigged to a site crane. The man was placed in a “Stokes basket,” which is a specialized stretcher used for confined-space rescues.
The news website reports that medics tried to stabilize the victim before firefighters and EMS personnel carried him to a waiting ambulance. He was later pronounced dead from his injuries. No one else was injured in this construction accident, which is under investigation. We offer our deepest condolences to the family members of this construction worker for their tragic loss.
Ongoing Investigation
Battalion Chief Anthony Romano told news outlets that the rescue operation was complicated by obstacles at the site and that their rigs could not get into place due to the construction layout. He said the construction worker was working about 50 feet up on the northern wall, which was a foundation wall poured yesterday. The cause of his fall is not known. The man worked for the construction company, which is managing the work at the city’s largest public works project.
Officials said all work at the jobsite has been stopped while the man’s death is being investigated. The worksite includes a hole excavated under 11th Avenue, where crews are digging out the first new train tunnels beneath the Hudson River in more than a century. Officials are hoping to open the new tunnels by 2035 and close the existing Hudson River tubes to repair damage from Hurricane Sandy in 2012. Another worker was injured at the construction site in June when he was struck by heavy machinery while working in a 30-foot hole.
Rights of Construction Workers in New York
Many construction workers in New York City such as roofers, ironworkers, steelworkers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. tend to work from an elevation by using scaffolds, platforms, ladders etc. New York construction workers who are injured in a fall are protected under New York Labor Law §240, commonly known as the Scaffold Law. This law is designed to ensure the safety of workers performing tasks at elevated heights such as on scaffolds, ladders, roofs or other structures. It places strict liability on property owners, general contractors and other responsible parties for injuries caused by inadequate safety measures or equipment related to elevation risks.
If a worker falls due to a lack of proper scaffolding, safety rails, harnesses or other protective devices, the responsible parties can be held liable. Because these cases can be complex, it’s crucial for injured workers to consult an experienced New York construction accident attorney to protect their rights and ensure fair compensation under the Scaffold Law.
Seeking Compensation After a Construction Accident
When a construction worker is injured on the job, the first line of financial protection is usually workers’ compensation. This system provides benefits regardless of fault, covering medical expenses, some lost wages and rehabilitation costs. In cases of permanent disability, workers’ compensation may also provide long-term or lifetime benefits. However, workers’ compensation does not cover pain and suffering and benefits are often limited compared to the full extent of losses. The large verdicts and settlements occur when others are sued in third-party cases.
In some situations, injured workers can also pursue a third-party lawsuit in addition to workers’ compensation. These claims arise when someone other than the employer or co-employees — such as a subcontractor, equipment manufacturer, or property owner — contributed to the accident. For example, if defective machinery caused the injury, the manufacturer may be held liable. Third-party lawsuits can provide compensation for damages not covered by workers’ compensation, including pain and suffering, emotional distress and full lost earnings. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company.
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 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
Sources: https://w42st.com/post/gateway-tunnel-construction-worker-rescue/
https://gothamist.com/news/worker-falls-to-death-at-jobsite-for-gateway-tunnel-nycs-largest-infrastructure-project