Over the recent years we have seen that in many construction sites across the
state, immigrant workers have been injured or killed disproportionately. According to a recent article in the Observer.com, New York City’s immigrant workers are also being seriously affected by scaffolding accidents at construction sites. This upward trend in scaffolding deaths and injuries, safety advocates say, casts the spotlight on an industry that lacks accountability.
The article gives the example of 44-year-old Juan Chonillo, an Ecuadorian immigrant, who fell 29 stories from his scaffold while working on a luxury Manhattan skyscraper in September 2017. The scaffolding platform holding Chonillo got stuck while being moved by a crane. After he released his harness in an attempt to unjam the platform, the scaffold jolted causing him to fall to another scaffold just above the sidewalk.
Lack of Accountability
One year after Chonillo’s death, a subcontractor working on the project pleaded guilty to manslaughter. An investigation led by the Manhattan’s District Attorney’s Office showed the sub-contractor violated building codes as well as guidelines from the scaffolding manufacturer by moving the platform while workers were still on it.
While the company paid $10,000 in fines for its role in the worker’s death, which is the maximum penalty under New York State law, there was no further punishment. Chonillo left behind five children and was off work on the day he was called in to work at the last minute. His family is questioning why the sub-contractor whose violations of the law caused their loved one’s death, was not held accountable.
Jobs involving scaffolding are some of the most dangerous in an already hazardous industry. So far, 2022 has proven to be one of the deadliest years for construction workers, especially those who work at heights. This year alone, nine workers have died in New York City construction accidents and five of these fatalities involved scaffolds or sidewalk sheds.
Deadly Falls on Construction Sites
The workers who died in these incidents fell anywhere from 15 to 65 feet, according to an Observer analysis of city data. The publication also notes that in previous years, fewer falls involved scaffolding. In February 2021 alone, eight workers were harmed while working with scaffolding and suffered injuries ranging from ribs to lower back and neck.
Scaffolding is an inescapable feature of everyday life in New York City. As of December, the city had more than 13,000 active permits for supported scaffolds or sidewalk sheds, according to data from the New York City Department of Buildings. There are hundreds more active permits for scaffolds that are suspended by ropes. Most of the scaffolding is used for laborers at construction sites ranging from ironworkers, steelworkers and painters to cleaning crews, electricians and bricklayers.
Buildings’ general contractors are required to hire a scaffolding subcontractor whose workers then build and erect the scaffolds. The Observer reports that scaffolding accidents most often occur on non-union worksites, which don’t quite have the same safety standards, training and education prevalent on union sites.
According to a report by the New York Committee for Occupational Safety and Health (NYCOSH), in 2018, more than 80% of construction fatalities in New York City occurred on non-union sites. These worksites are not monitored as often because union workers don’t fear retaliation for flagging safety issues. Those on non-union worksites are intimidated by the process because they do not have the same protections union workers have. So, scaffolding accidents occur because companies cut corners and ignore the regulations and procedures that are in place to protect workers.
NY Laws Protecting Construction Workers
New York laws, particularly the state’s Scaffold Law, protect the rights of workers who get injured as a result of falling off a ladder or scaffold. In such cases, in addition to seeking workers’ compensation benefits, workers may be able to file a third-party lawsuit or personal injury lawsuit against the parties who are legally responsible to provide a safe worksite.
For example, under New York’s labor laws, a worker who is injured after falling off a scaffold or ladder can file a lawsuit against the general contractor, a sub-contractor, the site owner, developer or other entities when ladder safety regulations have not been met or ignored.
New York Labor Law Section 240 or the state’s Scaffold Law, also applies to ladder safety. New York’s Scaffold Law (Section 240 of the New York Labor Law) requires contractors, owners and their agents to be responsible for providing necessary equipment such as scaffolds, ladders, hoists, stays, irons, ropes, blocks braces and other devices to keep workers safe from fall-related accidents. This law gives workers who have been injured in ladder or scaffolding accidents the ability to bring civil actions against the contractor and property owner/manager, etc. responsible for the safety of the jobsite.
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://observer.com/2022/12/scaffolding-deaths-are-claiming-new-yorks-immigrant-workers-in-an-industry-lacking-accountability/