A window washer was fatally injured in a construction accident when he fell from a Brooklyn high-rise. According to a report in the New York Daily News, the 34-year-old man fell from the 12th floor of a 21-story condo building under construction in the corner of York Street and Jay Street in Dumbo the morning of Dec. 10.
Ongoing Investigation
The worker landed on a second floor parapet or balcony, officials said. The cause
of this fatal fall is still under investigation by the New York Police Department and the city Department of Buildings (DOB). A family member said the victim had been on the job for a couple of years. Our thoughts and prayers are with the victim’s family.
The Daily News reports 115 complaints filed against the construction project since it began in 2017, including nine within the last year. Some of the recent complaints include a worker who injured his back lifting material by himself as well as warnings about potential safety hazards.
In September 2020, a worker at the site was hospitalized after falling off a four-foot ladder, according to city building officials. On May 26, the DOB fined the construction company after an inspection revealed that workers were not using carpentry equipment to the manufacturer’s specifications, presenting a safety hazard, according to city records.
What Does the Law Say?
Section 202 of New York Labor Law provides protections for the public and for workers engaged in window cleaning. Under the law, all building owners and managers must provide safe means for the cleaning of their windows and exterior. Part of this requirement includes fitting the building with features, fixed devices and anchors to provide protection for window washers — specifically to prevent falls. Window washing accidents have the potential to result in catastrophic injuries or fatalities.
Under the law, workers are not allowed on a worksite unless proper fall protection is provided. Failing to provide adequate safety features to workers can result in liability issues for the building owner as well. Construction companies, some contractors, sub-contractors and other parties may also be required to provide fall safety equipment to laborers working in construction site.
Construction Site Falls
Falls are among the most common causes of serious work-related injuries and deaths. Many construction workers in New York City such as ironworkers, steelworkers, carpenters, masons, bricklayers, painters, window washers, and electricians etc. tend to work from an elevation by using scaffolds, platforms, ladders etc. Worksites must have safety measures in place to prevent workers from falling off overhead platforms, elevated work stations or into holes or shafts. The U.S. Occupational Safety and Health Administration (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. Some of the precautions that must be taken at construction sites include guarding floor holes and shafts into which workers can accidentally walk or fall; provide guardrails and toe boards around every elevated open-sided platform, floor or runway; and provide workers with fall protection devices such as safety harnesses and lines, safety nets, stair railing and handrails. This type of personal protective equipment should be provided at no cost to workers. Construction workers should also receive proper job training, safety training and adequate supervision on the job.
If You Have Been Injured
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.nydailynews.com/new-york/ny-window-washer-fatal-fall-brooklyn-20211210-3wx36qdn2jbfdld2o4otcrck7q-story.html