Federal investigations into a construction accident where a worker fell to his death in April has resulted in proposed penalties of more than $522,000 for a New York-based roofing contractor.
According to a report from the Occupational Safety and Health Administration (OSHA), the roofing contractor based in Huntington, New York, was working on a Glen Cove worksite on April 14, 2023. Investigators determined employees were installing metal decking on a flat industrial roof at Garvies Point Road when a worker fell through an opening into a concrete floor nearly 20 feet below.
Serious Violations
OSHA’s investigators said the company failed to provide the employees on the roof with fall safety protection such as guardrails, safety nets and personal fall arrest systems such as restraints. The work being done fell under OSHA’s steel erection standards, which requires that each employee be trained in recognizing and mitigating fall hazards before commencing the steel erection work. OSHA investigators determined that the contractor in question failed to fulfill that requirement.
Officials issued six willful violations for the fall hazards — one violation for each worker exposed to danger — and one serious violation for failing to train the workers. The proposed penalties for these violations total $522,527. OSHA officials said the contractor chose to disregard the law and the safety of his workers in spite of knowing the risk involved and despite having the responsibility to protect workers against fall-related hazards.
How Does New York’s Scaffold Law Protect Workers?
Many construction workers in New York City such as ironworkers, steelworkers, laborers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. carry out their tasks while on scaffolds, ladders, platforms, etc. New York’s Scaffold Law, also known as Labor Law §240, is a statute designed to protect construction workers from the risks of elevation-related accidents, particularly falls from heights. Enacted in the late 19th century, this law imposes strict liability on property owners and general contractors for injuries sustained by workers due to inadequate safety protections on construction sites.
The Scaffold Law places the responsibility for providing proper safety equipment, such as scaffolds, hoists, ladders, etc. on the property owner or general contractor. This law prioritizes worker safety by giving property owners and contractors the incentive to implement stringent safety measures, thereby reducing the prevalence of workplace accidents.
The Scaffold Law’s strict liability provisions mean that injured workers can seek compensation for their injuries, medical expenses, and lost wages without having to prove the property owner or contractor’s negligence (carelessness). This law serves as a crucial safety net for construction workers by emphasizing the importance of proper safety protocols and equipment to prevent falls and related accidents.
Compensation for Workers and Families
Worksite accidents can result in serious injuries not only for workers, but also passersby. Injuries from these types of accidents can prove catastrophic or even fatal. Injured victims or families of deceased construction accident victims can seek compensation from at-fault parties including, but not limited to, the construction company, general contractor, subcontractor, building owner, crane operator, maintenance firm, etc.
Workers who have been injured in fall-related accidents can 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.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a construction 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 53 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. 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/2023/10/OSHA20232068_%20ELite%20Roofing%20%20Citation%20and%20Notification%20of%20Penalty_1663664.pdf