A man was killed in a construction accident at a Queens site after falling about 20 feet down a shaft. According to an NBC New York news report, FDNY units arrived at a building on St. Nicholas Avenue near Myrtle Avenue in Ridgewood after getting word a person had fallen down a large hole. The construction worker was taken to a local hospital where he was initially listed in critical condition. He later died from his injuries.
DOB Investigation Ongoing
Inspectors from the New York City Department of Buildings (NYCDOB) were at the scene after the incident and found that the worker was on the ground floor moving a plywood board when he slipped and fell about 20 feet down a hole into the basement. Several members of the construction crew told NBC that the worker was in his mid- to late-30s, and was married with children.
The building under construction is slated to be 17 stories tall, making it one of the tallest buildings in the area. This deadly incident is the second workplace accident at the construction site following a violation in February for failing to report a previous injury when a fence gate on the site fell and struck a worker. An investigation by DOB inspectors into the latest fatal fall is ongoing. We offer our deepest condolences to the family members of the victim. They will be in our thoughts and prayers.
Laws and Liability Issues
Workers in New York City injured in worksite falls are protected by local, state and federal laws. In particular, Section 240 of the New York Labor Law, commonly known as the “Scaffolding Law,” governs the use of scaffolding in work sites and provides several specific categories of construction work to which it applies, including erection, demolition, repairs, altering or remodeling, painting, cleaning and pointing. OSHA requires that fall protection be provided at elevations of 4 feet in general industry workplaces, 5 feet in shipyards, 6 feet in the construction industry and 8 feet in long shoring operations.
In addition, fall protection must be provided when working over dangerous equipment and machinery, regardless of the fall distance. This type of personal protective equipment should be provided at no cost to workers. There are also other safety precautions that must be taken at construction sites including guarding floor holes and shafts into which workers can accidentally walk or fall; providing guardrails and toe boards around every elevated open-sided platform, floor or runway; and providing workers with fall protection devices such as safety harnesses and lines, safety nets, stair railing and handrails. Construction workers should also receive proper job training, safety training in a language they can understand, and be adequately supervised on the job.
Contacting an Experienced Lawyer
Construction accident injuries can result in life-changing injuries and disabilities. A victim who has been injured in a construction accident, in addition to workers’ comp, 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 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 and/or medical malpractice 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://www.nbcnewyork.com/news/local/construction-worker-critically-injured-after-falling-down-elevator-shaft-at-queens-site/3634547/