New York City Construction Accident Attorneys Blog

New York City Scaffold Accident Nearly Fatal

2012-04-30T12:30:15Z

A New York City scaffolding accident nearly cost three workers their lives.

Our New York City scaffolding accident lawyers know just how quickly an incident like this can unfold. It's a huge relief that these three survived their ordeal, but concerning that it happened at all. Such incidents should never happen if construction owners and management take the proper precautions.

In this case, a scaffold that was attached to a building on East 65th Street, between 2nd and 3rd Avenues, slipped. It was around 10 a.m., and the three men were hanging on for their lives - 17 stories up.

Emergency services and firefighters were quick to act, as the three men - one a civil engineer - held on so tightly, one reported losing feeling in his feet and hands.

Bystanders watched, astonished and helpless.

It was a dramatic scene. With help from firefighters, two New York City Police Department detectives used a rope that they tied of to the roof of the 20-story condo complex. They then rappelled down to the workers, who were dangling and beginning to lose their grips.

The detectives were able to securely tie the men to the rope and then hand them off to firefighters waiting on the other side of a broken window.

Considering it was Friday the 13th, some may have considered the whole ordeal an unlucky, freak accident.

But as it turns out, one of the cable motors suffered what appears to have been a brake problem. That set the scaffolding teetering to a 45-degree angle.

The three men who were on the scaffolding at the time of the incident were there to inspect restoration work that was done to the side of the building.

The Iraqi civil engineer was quoted as saying that although he had lived through war, he had never experienced anything so frightening as that New York City scaffold accident.

According to the Occupational Health & Safety Administration (OSHA), there were nearly 55 fatal scaffolding accidents throughout the country in 2009. In more than 70 percent of those cases, the scaffold accidents could be attributed to either the support or planking giving way, or to the worker slipping or being hit by a falling object.

The scope of this issue is huge when you consider that nearly 2.5 million construction workers - or about 65 percent of those within the industry - work on scaffolds. In addition to the average of 60 scaffolding deaths annually, there are about 4,500 injuries. All this results in some $90 million in lost workdays.

OSHA underscores that all of these can be prevented when OSHA standards are put in place.

The government is very specific about the rules that must be followed for scaffolding - how it is to be constructed, installed and used. Management is responsible to ensure that those standards are being followed to the letter. One mistake can have fatal consequences.

Chances are, if you've been involved in a New York City scaffold accident, the problem had to do with negligence on the part of either the company or the manufacturer. If you're unsure, you should call an experienced New York City scaffold accident attorney, who can help guide you through the process.

]]> The New York City scaffold injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Additional Resources:

Exclusive: Engineer Rescued from Scaffold Collapse Speaks Out, Staff Report, CBS2

More Blog Entries:

New York Scaffold Law Under Fire, March 27, 2012, New York Scaffold Accident Lawyer Blog

New York City Crane Accident Victims Find Justice Elusive

2012-04-30T12:18:14Z

Two fatal New York City crane accidents, alleged to have been the result of negligence on the part of a wealthy crane magnate, failed to garner a guilty verdict on criminal charges - much to the disappointment of family, New York crane accident attorneys and worker advocates.

However, our New York City crane accident attorneys are more hopeful that an upcoming civil trial will have more satisfying results.

The stunning verdict came at the close of a landmark criminal case, in which the owner of a construction crane company was facing criminal manslaughter charges in the collapse of a 200-foot crane that killed two workers back in 2008. The verdict, which was handed down by a judge rather than a jury, was read at the conclusion of a two-month trial.

Relatives were understandably shaken, but even city politicians called the decision a devastating blow to the safety of New York city crane workers.

The case was the second attempt for criminal prosecutors to hold accountable individuals whose greed - in the form of shoddy maintenance - resulted in New York City crane accidents that ended in death. Both cases, this being the second, ended in acquittals, though a mechanic who worked with the construction company owner did plead guilty to a lesser charge of criminally negligent homicide. All together, the two crane accidents killed nine people, and were the catalyst for beefed up safety measures on New York City cranes.

In the accident involving this owner's charges, the crane worker was beginning to work on the 14th of what was going to be a 32-story building. It was at that time that sections of the crane snapped off, crashed into the building across the street and fell to the ground. The 30-year-old crane operator died, as did a 27-year-old employee of a sewer company, who was working on the ground.

Prosecutors who pressed the criminal charges said the crane operator was responsible because he got a "bargain basement" deal to complete welding on the machine that involved the turntable, a critical part of the rig that allows the top parts to swivel properly.

The state alleged that the owner and the mechanic (who later pleaded guilty) got estimates from reputable companies, but instead gave the job to a small-known, overseas company that it found over the Internet. Even representatives from that overseas company expressed doubt about whether they could do the job. The state contended that the owner failed to follow the requirements set forth by city inspectors, and that the weld job was weak and poorly executed - resulting in the accident.

Defense lawyers, meanwhile, contended that operator error was to blame for the accident.

The owner faced up to 15 years in prison if convicted.

Unfortunately, the state supreme court judge who decided the case offered no reason for his verdict, much to the dismay of the victims' relatives. Of course, he was not required to do so, though it might have offered some solace or at least understanding to the families left behind.

Still, a civil suit brought on by the relatives is pending, and our New York City crane accident attorneys hope the outcome of that case will be more satisfying.

]]> The New York City construction injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Additional Resources:

Construction crane owner acquitted of all charges in NY collapse that killed 2 workers in 2008, By Associated Press

More Blog Entries:

Manhattan construction accident sparks crane regulation talks, April 10, 2012, Manhattan Construction Accident Lawyer Blog

Manhattan Construction Accidents Prompt Lower Crane Loads

2012-04-20T16:12:45Z

In the wake of two serious Manhattan construction accidents, the city is asking contractors to lighten their crane loads.

Our Manhattan construction accident attorneys understand that this measure is temporary, until investigators get a handle on the exact causes of two recent crane accidents - one at the World Trade Center site in February and another near the No. 7 subway line early this month.

The Department of Buildings is requesting that crane operators only load their machines to 75 percent of full capacity. For those cranes that are used in skyscraper construction, the full capacity maxes out at 150 tons.

The first incident happened in Lower Manhattan when a huge load of heavy, steel beams dropped from 40 stories. Amazingly, no one was injured, which has been attributed to proper safety regulations having been followed on the site. Those protocols included use of proper safety gear and standing at a safe distance from the crane as it was in operation.

The second incident had tragic consequences, resulting in the death of a 30-year-old worker and resulting in the injury of four others. While the details haven't yet been entirely sorted out, it appears that Manhattan construction accident occurred when the crane somehow broke into two separate pieces.

Investigations into both incidents are ongoing.

Sadly, these aren't the first we are hearing about these incidents, and likely it won't be the last unless some permanent regulations are put in place - and strictly adhered to.

In addition to overloading the crane, there are several other dangers associated with these large machines, including side pulls, upper limit switches, secondary braking and failure to complete a daily inspection.

With regard to side pulls, cranes are constructed to lift objects or loads straight up and lower them straight down. Any deviation from that could have serious implications.

With the upper limit switch, operators may think they need to have the load reach its maximum height when they are lifting. But the truth is, the upper limit switch is more for safety. In every-day use, if that switch fails, it could lead to the load being dropped.

With secondary braking, workers may think that because there is a secondary brake, they can safely stand under a load without fear that it may topple.

And finally, daily inspections are a must. Not only are there certain laws governing crane inspection, but it's a mistake to think that just because a machine worked fine one day it should be Ok the next. Operators need to take careful stock of the machine to see whether it looks operable, if any parts have fallen, whether there is anything hanging or if there is any sign at all of damage. They should also start running up the hoist and keep a close ear out for strange sounds and observe whether the hoist appears to be working in all directions.

Of course, these are issues most seasoned crane operators will be well aware of. The bottom line is that the vast majority of Manhattan construction accidents are preventable, and in many cases, fault lies with the contractor or crane manufacturer.

]]> The Manhattan injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Additional Resources:

City Orders Lighter Crane Loads After WTC Accident, Contractor Says, By Julie Shapiro, DNAinfo

More Blog Entries:

Manhattan Construction Accident Sparks Crane Regulation Talks

New York City Construction Accident Sends Worker to Hospital

2012-04-18T16:49:20Z

A New York City construction accident sent a worker to the hospital in serious condition, according to AM New York.

Our New York City construction accident attorneys understand that the worker's injury was the result of falling concrete at the 2nd Avenue subway site where he was in a trench.

News reports indicate that the man was pinned under the pavement around 1 p.m. while working in a trench that held utility cables, near 86th Street. That's where the Manhattan Transportation Authority is constructing a new subway entrance. Construction crews were reportedly taking out a section of the roadway at street level just before the incident happened.

A spokesman for the authority said the worker may have been standing "in the wrong place" when the concrete fell on top of him.

Our New York City construction accident attorneys understand the risks of working in trenches, and so must contractors who face strict state and federal guidelines for workers in trenches.

Emergency medical workers transported the worker to a nearby hospital, where he was deemed to be in serious but stable condition. A spokesman for the fire department said the man was conscious and alert. While he wasn't profusely bleeding, his leg may have been broken.

According to the Occupational Safety & Health Administration, falling and flying objects are a huge problem at construction sites across the country. A falling object incident is defined as one in which you are standing underneath some sort of overhead work, for example under a scaffold or crane and objects fall down. A flying object is a risk when you're using power tools or completing tasks like pulling or prying that could cause whatever material you're working with to go airborne. In a lot of these cases, workers risk concussions, blindness and broken bones, but there have been cases - even recently in Manhattan - where they have been deadly.

Employers have a responsibility to ensure that workers are properly trained and equipped and that proper safety regulations are closely followed. However, there are some things OSHA says are important for workers to keep in mind to help prevent serious injury or death.

In general, wear your hardhat. When you're stacking any kind of materials, do so in a way that's going to prevent falling, sliding or collapse.

When you're working with power tools or other machines, make sure you use safety glasses or face shields, and inspect your tools to make sure they have the right protective guards on them and they are in good condition. Also, make sure you are trained to use whatever tool you're working with.

If you're working with or near a crane, steer clear of standing or working underneath loads that are being moved. Make sure there are appropriate warning signs to let you know the area to stay away from, and make sure the machines are regularly inspected. Also, make sure the cranes aren't overloaded.

When you're doing overhead work, make sure the materials and tools you're working with are secure so they won't fall on people who are standing below. It's also a good idea to use screens or guardrails when you're up on a scaffold to prevent falling, as well as nets or catch platforms to prevent falling objects from causing injury.

]]> The New York City injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Additional Resources:

Worker 'seriously' injured by falling concrete at 2nd Ave. subway site, By Mac Beja, AM New York

More Blog Entries:

New York Construction Accident Risk Elevated With Industry Growth, New York City Construction Accident lLawyer Blog

New York City Construction Accident Victim Presumed Dead

2012-04-12T15:44:26Z

A worker has been presumed dead after a New York City construction accident in which he reportedly fell off the Throgs Neck Bridge.

Our New York City construction accident attorneys are saddened that this worker's life was cut short, and hope that his survivors will find justice in the wake of this tragedy.

According to reports from both The Wall Street Journal and The Daily Mail, the 35-year-old was working for El Sole Contracting and Construction in Queens, where workers were in the beginning phase of rehabilitating the steel bridge - a $25 million project.

He was a husband and father of three children, ages 5 to 13.

Co-workers said he had been working in the industry about 10 years, though it was his second day at the Throgs Neck Bridge, which crosses the water where the Long Island Sound merges with the East River. He was working as a painting subcontractor.

Though his family worried about him working from such heights, he always assured them that his harness would prevent him from a major fall.

It's not clear yet whether a faulty harness or some other factor is to blame in the accident, as it remains under investigation. It's important to remember, though, that just because something is labeled an "accident" doesn't mean it was not preventable, or that someone is not at-fault.

The Metropolitan Transportation Authority mandates that safety harnesses be used for all workers, and that safety equipment use is being considered a central point of the investigation.

Co-workers say he was painting on a platform below the road with his harness on when the harness somehow became detached, and he slipped, plunging into the freezing waters below. They said he was either adjusting or changing his harness when he slipped off the platform.

He was standing at the tallest point of the bridge, and his fellow workers say he was alive when he hit the water. In fact, he was treading water and waved to them. The rushing water then swept him from their view.

Troubling, too, is the fact that a safety boat, that was supposed to be on duty and patrolling the water under the bridge wasn't there when the fall happened. It's not clear why.

Rescuers have found a hard hat and sweater, but have not yet found him. Crews from the New York Police Department and U.S. Coast Guard spent hours searching the water before declaring their efforts a recovery mission - meaning he is believed to have died.

Sadly, this is not an unfamiliar situation for the Queens construction company. In 2007, the business was cited by the Occupational Safety and Health Administration for an incident on the Verranzo Bridge in Brooklyn. OSHA records another worker died in that incident, and the company paid nearly $4,500 to settle a claim of violations relating to that death.

]]> The New York City construction injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Additional Resources:

Search called off for worker who falls 140ft off Throgs Neck Bridge, By Nina Golgowski, The Daily Mail

More Blog Entries:

"Experience is Not Enough" Aims to End New York City Fall Accidents, Jan. 27, 2012, New York City Construction Accident Lawyer Blog

Manhattan Construction Accident Sparks Crane Regulation Talks

2012-04-10T14:52:19Z

Following a Manhattan construction accident that resulted in the death of one man and the injury of four others, New York City officials are again debating whether to impose more stringent crane operator licensing and regulations.

It's become a bitter source of debate, but our Manhattan construction accident attorneys hope these discussions will be fruitful one way or another, as these type of accidents can have devastating consequences to workers and their families - not to mention costly litigation for construction companies.

As we recently wrote in our New York Construction Accident Lawyers Blog, the crane accident early this month happened when a crane collapsed at a construction site near the No. 7 subway line.

Initial investigative reports indicate it had to do with a structural defect of the crane itself, rather than negligence on the part of the person operating the crane. It had been the third serious crane collapse in the city in the past four years.

If you work in the construction industry, you know that cranes are used to move material that can weigh sometimes as much as 115 tons.

The city and real estate industry are pushing for the changes, which would require a national license. Meanwhile, the crane operators union opposes them, saying that the nature of the construction industry in New York requires workers who have localized experience.

The argument may have much more to do with politics than public safety, The New York Times reports. The union has on many occasions bucked requests from developers to cede anything in their project labor agreements.

This same issue came up last year, when the state's real estate board asked the city to implement national licensing for operators of tower cranes, which are used to construct high-rises and skyscrapers. Union backers, though, say that the city already has some of the toughest standards in the country when it comes to crane operator licenses. They say they're concerned that crane operators in more sparse areas might in turn be legally allowed to operate a crane in New York City, despite limited experience working in a dense urban landscape.

Mayor Michael Bloomberg is in favor of the licensing issue, saying there are a wide range of cranes that are used in New York city construction projects, and that a national test would be sufficient in determining a worker's capability. He said that adding training requirements can only help to improve safety on job sites.

The city currently mandates three years experienced for crane operators who are licensed by the city. However, that decision came only in December, when the city's building commissioner also imposed a 40-hour class on city regulations. That three years of experience has to be served under the direction of a licensed operator, and at least two years of that has be in either New York or in another urban setting that is comparable in terms of density. However, what other cities might qualify under this new rule haven't yet been spelled out.

]]> The Manhattan injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Additional Resources:

Crane Operators and New York Spar Over Licensing Rules, By Charles V. Bagli, The New York Times

More Blog Entries:

Manhattan Construction Tragedy: Crane Collapse

Manhattan Construction Accident Tragedy: Crane Collapse

2012-04-04T17:21:02Z

A Manhattan construction accident earlier this week resulted in one person's death and the serious injury of four others.

Our Manhattan construction accident attorneys were dismayed to hear about the most recent crane collapse incident in the city, which bore a striking similarity to two other fatal crane accidents that happened here several years ago.

The New York Times reports that the incident occurred on the 34th Street extension, where workers were working on the extension of the No. 7 subway line.

While it's still speculative at this point, officials believe that a 40-foot section and an 80-foot-section of the 170-foot crane came crashing down. It happened just after 7 p.m., and some workers described the force as being reminiscent of a dinosaur. Investigators were trying to determine whether something in the back of the crane had buckled and snapped, causing it to be thrown off balance. Officials speaking to The Times on the condition of anonymity said it appears there was a mechanical problem with the back of the crane.

Ultimately, a 30-year-old from New Jersey was killed, and four others, including a flagman, a crane operator and a relative, were seriously hurt.

In the wake of the incident, the Metropolitan Transportation Authority stopped work at that location, and is reviewing the crane mechanics and procedures at all of the authority's construction sites. The crane is reportedly owned by Yonkers Contracting Company.

A number of construction workers gathered at the site in a show of solidarity. One worker - who later caught flak from his fellow workers for talking to a reporter - was quoted as saying that he hoped something would be learned from this incident, and that while nobody plans to die at work, sometimes that's the risk that one takes working in construction.

Our Manhattan construction attorneys agree with him partially in that it is a risky business and we do hope something can be learned. But nobody should have to risk death or serious injury on a daily basis just because they want to work.

Unfortunately, recent years have not shown that to be a reality. In 2008, there were nine people killed in two Manhattan crane accidents. In the first instance, seven people died.

A few months later during that same year, two more died in a Manhattan crane accident on East 91st Street. That case resulted in tighter restrictions for all crane projects. Those restrictions included the requirement that all plans had to be filed with the city before a crane is set up on site. Furthermore, crane operators are required to complete some 30 hours of training and a refresher certification course every three years.

Those incidents also resulted in several criminal trials. One of those, a manslaughter case, is underway now against the crane owner in the East 91st Street construction site.

New York Scaffold Law Under Fire

2012-03-27T16:23:40Z

Much has been made recently of efforts to repeal the New York Scaffold Law, with politicians and pundits clamoring to get behind a measure that might make them appear to be a hero who will save the taxpayers money.

The problem, as our New York construction accident attorneys see it, is that not only will workplace safety take a huge hit, but taking away a law that protects our workers is not going to save anyone money in the long run.

Proponents of S6816/ A2835 say New York is "archaic" and the measure drives away construction firms from wanting to do business within the city. One columnist even went so far as to say that The Tappan Zee Bridge replacement would cost about $1.5 billion less for taxpayers if the law was repealed.

In the long run, however, repealing the Scaffold Law is going to mean less safety for workers. Currently, New York Labor Law Section 240 requires contractors and owners to provide safety equipment that protects workers from a fall on ladders, roofs and scaffolding. Under the Scaffold Law, contractors are "strictly liable" for injuries that happen from their or their subcontractor's failure to provide this safety equipment.

Under the proposed reform, the employee would have to prove that he or she carefully acted according to the instructions for safety and furthermore was not impaired by alcohol or drugs.

First of all, the measure is unnecessary because the state's court of appeals has already recognized a contractor's defense in cases where the worker was negligent. Previous case law already holds that workers who don't properly use safety equipment can't hold their employee responsible for subsequent accidents.

Plus, there are already exemptions for certain types of professionals, including landscape engineers, architects and professional engineers.

What's more, all of the lobbyists and politicians who claim this measure will save a bundle aren't considering what will happen to those who are severely injured in New York construction accidents. Many of these workers and their families end up becoming dependent on government assistance for support and snowballing medical care costs.

According to the Bureau of Labor Statistics, scaffold accidents resulted in nearly 90 deaths in 2007. What's more, nearly two-thirds of those attributed the accident to either the support or planking giving way, or to falling debris or to an employee slipping. In the vast majority of these cases, it is the employer who has the power to implement effective safety measures on their work sites.

The argument against the Scaffold Law is that we're scaring away new business and construction. But do we really want construction contractors and companies in our city that care so little about the safety of our workers?

The law's intention has always been clear: That the responsibility for workplace safety ultimately lies with the contractor or company in charge. This level of accountability is necessary and worth the cost now to save money for all of us in the long term.

]]> The New York injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

Fatal Harlem Construction Accident Foreshadowed

2012-03-23T15:39:17Z

A recent Harlem construction accident that killed one construction worker and hurt two others was foreshadowed by previous violations involving two of the contractors on the job.

Our Harlem construction accident attorneys were troubled to learn that the general contractor involved in the incident was already on a safety improvement plan, stemming from a deal inked with prosecutors that allowed them to avoid penalties for an earlier fatal accident. The other contractor had recently had work suspended over concern of safety violations.

We understand that just because nobody intended for someone to be injured doesn't mean no one is at fault. In the New York construction industry, there are very rigorous safety laws and guidelines by which companies must abide if they want to stay in business or avoid lawsuits.

Here's what we know, based on various media reports, about the most recent incident, and the background of this company:

Although it is still early in the investigation, it appears that the workers cut a beam that was supporting the 3,000-square foot warehouse on West 131st Street and Broadway. This caused the bricks, reinforced concrete and steel beams to collapse. The workers underneath were buried alive. One, a 69-year-old, did not survive.

It took firefighters nearly an hour to free the other two. Firefighters had to tunnel their way in just to reach them.

The project was part of an expansion project to make way for more classrooms and research facilities at Columbia University.

Apparently, there had been previous concerns raised with both the contractor who was conducting the work, as well as the general contractor who was overseeing it.

The Wall Street Journal reports that Breeze International, the contractor responsible for the work, had already been slapped with two violations at the site earlier this month.

It was apparently an anonymous tip about unsafe working conditions that prompted the inspection on March 5. Operation shut down for two days, though the contractor was eventually cleared to continue working, according to officials with the Department of Buildings.

Meanwhile the general contractor, Bovis Land Lease, was already under a legal agreement to step up its safety practices after a fatal fire at a bank that was under construction in 2007. Two firefighters died in that blaze.

Essentially, the company agreed to implement a number of safety reforms in order to avoid prosecution or culpability for the fire. The reforms were to include the hiring of an outside monitor to oversee the company's safety practices, and were required to hire "capable sub-contractors."

Prosecutors with the Manhattan District Attorney's Office is not saying whether the company was complying with each of its promises. Additionally, it refused to release any of the semi-annual reports that were to be produced by Bovis' independent monitor - if those reports were indeed ever submitted.

Our Harlem construction accident attorneys are disheartened to hear that yet another person has been injured in the wake of companies that have repeatedly displayed documented negligence. Materials and manpower is expensive, but that is never an excuse for cutting corners when it comes to safety.

]]> The Harlem construction injury lawyers at Antin, Ehrlich & Epstein can be reached toll free at 888.563.4213.

New York Construction Injury Caused by Trench Collapse

2012-03-12T13:58:22Z

Crews earlier this month successfully rescued a fellow worker who was buried alive in a New York construction accident.

As our New York construction accident attorneys understand it, the worker was trapped following a construction trench cave-in. The incident occurred in Harlem on East 122nd Street around 11 a.m. The site was a commercial building that was under construction.

Firefighters arrived on the scene first and tried to pull out the 30-year-old man, but they weren't successful due to the large amount of debris that covered him. Fire officials said the worker was buried up to his waist.

A nearby building superintendent was quoted by local news sources saying he heard the worker screaming for help.

"When I saw that I was feeling bad because we don't have nothing to help," the super said.

A fire official was quoted as saying the worker was conscious the whole time. The problem in getting him out was that he was wedged against a wall in an extremely tight space, making it very difficult for crews to actually set up so they could safely go down to get him.

Eventually, after about an hour, his fellow workers stepped in with innovation. Using two trucks that are typically used to suck dirt and debris from manholes, they were able to pull him from the trench.

According to The Associated Press, the worker was transported to a local hospital, where he was treated and released.

The investigation is ongoing, though some officials think a contributing factor may have been that the foundation was being prepared for waterproofing at the time of the collapse.

Thankfully, this scenario ended well, though it's unclear what, if any, lasting physical injuries this worker may have, not to mention if he psychologically be able to continue his work after such a scare.

It's also unclear what precautions his employer put in place to protect him and other workers from this scenario. If there were measures enacted, they apparently weren't effective.

The Occupational Safety & Health Administration, which oversees safety on construction sites, reports that trench collapses kill two workers in the country each month. A trench that isn't properly protected is akin to an open grave.

Employers have a responsibility to make sure their workers are protected. Cave-ins happen when a job site isn't properly prepped.

The safest trenches are those that:

Are sloped for stability;
Are cut to create a gradation system that looks like steps;
Are supported by materials like beams, posts, shores or planking;
Are shielded with a box to protect the workers inside.

There are also general rules to keep in mind for anyone working at a trench site:

Make sure heavy equipment is far away from the edge of a trench;
Look for other sources that might affect the stability of the trench;
Know before you start digging where the underground utilities are;
Test for low oxygen and dangerous fumes;
Make sure someone inspects the trench at the beginning of every shift;
If there are any conditions that have changed in the course of a shift, check the trench before continuing;
Make sure anyone working in or near the trench wears bright clothing.

]]> Contact a New York construction accident attorney with more than 25 years of legal experience. Call Antin, Ehrlich & Epstein, LLP Attorneys at Law, at 888-563-4213.

Wilinski v. 334 E. 92nd Housing Development Fund Corp. Upholds Worker Rights Following NYC Construction Accident

2012-03-09T14:14:06Z

A worker who suffered a New York construction accident in 2008 has just received word that an appellate court upheld his claim for compensation, even though his employer had fought vigorously to avoid paying.

Our New York construction accident attorneys aren't surprised that a company would do everything possible to try to get out of their responsibility to cover a worker's extensive medical costs. This is even true in cases where a worker has been loyal to the company for years, even decades. Owners and employers sometimes tend to view injury claims as strictly business, rather than as a situation that has carved a deep and lasting negative impact on a worker who was faithful to them. Thankfully, the law is often on the side of the worker. Aside from workers' compensation, a third-party personal injury or wrongful death claim can be pursued when negligence by a party other than an employer contributes to a serious or fatal accident.

In the case of Wilinski v. 334 E. 92 Hous. Dev. Fund Corp. - the accident happened just after the worker arrived for his shift around 8:30 a.m. in September 2008. Employee Antoni Wilinski was working with a few others to demolish brick walls at a vacant warehouse. That property was owned by 334 East 92nd Housing Development Fund Corp. Earlier demolition at the site of both the floor and ceiling had left two metal plumbing pipes, standing vertically and unsecure. The pipes were each about 4 inches wide and stood about 10 feet tall.

When he first arrived, Wilinski told his supervisor he was worried about potential injury the pipes may cause if left standing there. But nothing was done to remedy the situation.

Soon after that, debris struck the pipes, causing them to fall over onto Wilinski's head. The force of the first pipe was such that it knocked his hard hat off, struck him in the shoulder and arm, and cut his elbow. The second pipe then hit his uncovered head, causing a deep gash and a concussion. As the lawsuit states, Wilinski suffered "serious and lasting injuries to his shoulder, arm and spines, as well as neuropsychological injuries."

He subsequently filed a lawsuit alleging violations of Labor Law 240(1) and 241(6).

The first has to do with the kinds of protection an employer must provide in order to perform the work. That work can encompass erection, demolition, altering, repairing, cleaning or painting. Owners need to provide such equipment as scaffolding, stays, slings, ladders, hoists, blocks, hangers, pulleys, ropes, irons, braces and other gear in order to keep the worker safe.

The latter has to do with what kinds of protections an employer needs to put in place in order to make sure debris or other matter doesn't fall on top of workers. This includes making sure that a work space is properly arranged, shored, equipped, guarded and operated. The standard is that they must provide "reasonable and adequate protection."

The plaintiffs fought the matter, asking the court to dismiss the suit entirely.

That didn't happen.

In fact, the court found, Wilinski did prove that his injuries were a direct result of a failure on the part of the company to put proper safety measures in place.

An appellate court later partially reversed that decision, to say that the statute used to grant the judgment wasn't properly understood. That court ruled that because it couldn't be proven on a technicality based on the height of the pipes at the time of the fall.

An appellate court just recently decided that the other court had misunderstood the statute. Therefore, Wilinski's claim for compensation was upheld.

]]> The Manhattan injury lawyers at Antin, Ehrlich & Epstein can be reached toll-free at 888-563-4213.

Manhattan Crane Accident Leads to Criminal Trial

2012-03-05T15:34:01Z

A man accused of a Manhattan construction accident is on trial, after prosecutors said his company tried to cut corners on equipment repair, causing a fatal crane collapse in Manhattan.

Our Manhattan construction accident attorneys realize how vital it is to ensure construction equipment is in proper working order. Tragedies such as this, due to tools that have been allowed to fall into disrepair, are entirely preventable.

According to the Atlanta Journal-Constitution, the owner of the crane is on trial for manslaughter, although his defense attorneys have said the incident was purely an unfortunate accident.

The incident reportedly happened on the Upper East Side of Manhattan. By all accounts, the two workers were experienced in their field. The first victim was a second-generation crane operator who was two weeks from his wedding. The second was an employee of the sewer company, who was initially rescued from the downed equipment, but died despite doctor's efforts to save his life.

The newspaper reports that this trial is the second attempt by prosecutors to file criminal charges against someone in the aftermath of a crane collapse. Another incident in 2008 killed five people. In that case, a jury acquitted a crane rigger on charges of manslaughter.

All of this causes our Manhattan construction accident attorneys to further question whether cranes in New York are truly safe.

In the most recent case, prosecutors allege that the crane, which measured more than 200 feet in height, snapped because a weld failed in an important piece of the machine that the owner had gotten fixed cheaply. As one assistant district attorney put it, two construction workers lost their lives because of one man's greed.

The crane owner's attorneys counter that he acted properly by getting the work done and having it inspected. They contend that the crane crumpled to the ground because it was pulled to high, and that the weld was broken as a result - not the other way around.

The crane had been working 14 stories up, on an apartment building that was intended to be a 32-story structure. The top section of the rig snapped, causing it to crash into the building across the road before barreling toward the ground. Other workers nearby described the noise as "godawful." One worker even said he laid down and covered the best he could, hoping to avoid the worst. He was lucky. Although a huge ball landed about a foot from him, he did not suffer a direct hit. When he saw another worker crushed in the wreckage, it was too late to help. One of the young victims was nearly decapitated by the falling debris. The second was crushed.

A third worker was seriously injured, though he later recovered.

The 65-year-old mechanic who completed the weld has already accepted guilt for criminally negligent homicide. He will be sentenced in April, though he could avoid time behind bars if he testifies against the owner of the crane.

The crane operator, if convicted, faces up to 15 years in prison.

New York Construction Accident Risk Elevated With Industry Growth

2012-02-29T14:51:56Z

First, the good news: New York City construction permits skyrocketed last year, meaning more people are back to work and the economy is beginning to show tangible signs of improvement.

Now, the bad news: More construction in the city means a greater risk of construction accidents in New York.

Our New York City construction accident attorneys are encouraged by the growth reported within the industry over the last year. However, the increased chances of a serious or fatal accident occurring have us concerned.

According to Crain's New York Business, the city's buildings department issued 33 percent more permits for residential constructions in 2011 than were doled out in 2010. Still, there is room for improvement, as this figure represents about a fourth of the number of permits issued four years ago.

The city's building congress broke it down even further. While there were more than 6,700 residential permits issued in 2010, there were nearly 9,000 granted in 2011. Still, it represents a 75 percent decrease in the number of permits since 2008.

It's important to note, though, that just because a permit is issued doesn't necessarily mean the project is definitely going to move forward.

Queens had the most construction projects in the city in the two years between 2009 and 2011. The borough accounted for more than 30 percent of all residential permits. Queens was followed closely by Manhattan, which account for about 22 percent of all permits. Next was Brooklyn, with 21 percent, the Bronx had 17 percent and Staten Island had about 8 percent.

In most cases, building congress president Richard Anderson noted that most of the projects getting the green light are those that have five units or more. There are less permits that are being issued for one and two-unit structures.

The reason, essentially, comes down to money. Smaller operations are going to have a harder time securing financing.

What construction companies should not skimp on, however, is safety. A recent article published on forconstructionpros.com outlined safety tips to keep in mind for those working in the construction industry. Those include:

1. Getting on and off equipment. The site claims this is one of the top causes of injury to everyone from forklift drivers to equipment operators. Make sure you have good gloves that will allow you a tight grip, and that the mud from your shoes is clear so you won't slip.

2. Loading and unloading equipment. If you're using a ramp, make sure you are evenly centered and have enough room on both sides. Have someone spot you to make sure. Make sure the load you are transporting is securely fastened and tied.

3. Crowds in the work area. Often, there is no reason for people to stand at the edge of a hole to witness the dirt being moved. But people do it anyway, putting themselves at risk for an injury.

4. Machine swing radius. Make sure that the swing radius is roped off and the machine is secure. Also make sure there are no people standing around nearby.

5. Overhead or buried obstructions, which can include water, electrical, gas and sewer lines. Make sure these are clearly marked.

6. Backing. Anytime a machine has to move in reverse, it can be a recipe for a disaster. Often, the operator of a machine needs to physically get out and look to make sure there is no one behind them. Wide-angle mirrors and rear-mounted cameras and alarms can also help.

7. Instability or loss of load. This is what happened recently at the World Trade Center site, where tons of steel beams fell from more than 40 stories high. Thankfully, no one was injured, but it illustrates the importance of making sure that all loads are properly secured before transport.

New York City Construction Accident at WTC Put Workers at Risk

2012-02-21T19:32:54Z

Workers narrowly avoided serious injury recently in a New York City construction accident at the World Trade Center site.

Media reports indicate that almost 20 tons of steel plunged to the ground from 40 stories above, where construction crews are working to erect a memorial after the Sept. 11, 2001 terrorist attacks.

Thankfully, no one was injured in the incident. Our New York City construction accident attorneys understand the project workers have underway is a complex one that supervisors and contractors no doubt want to ensure is done well and efficiently. Safety, however, is not something anyone can afford to compromise.

No one's memory is honored if other lives are lost or placed at risk.

According to the Wall Street Journal, the steel beams tumbled due to a crane cable that snapped. The beams fell onto a truck below - the same vehicle that had trucked them in earlier.

As one construction worker described it, "The cable looked like a snake coming down. Then all hell broke loose."

No one was inside the truck at the time the beams fell. Each one of the beams is believed to be more than 60-feet long and weigh nearly 40,000 pounds each.

Some described the sound as similar to thunder. Others say they felt the ground shake beneath them.

One Staten Island worker noted it was a "miracle" no one was killed. But construction crews shouldn't have to rely on miracles to keep them safe.

Medical crews quickly rushed to the site. One person was checked out, but ultimately, everyone was Ok.

That doesn't mean crews should get back to business as usual. Clearly, something was amiss here. Either someone made a mistake or something didn't work the way it was supposed to. While the incident is still under investigation, those supervising this project have a responsibility to ensure that workers aren't put in harm's way. That means confirming that all the machinery is in proper working order, that workers are trained on how to safely use each piece of equipment they will encounter, and that each worker is given all the tools they need to safely complete their tasks.

In this case, the incident happened in an area of the site that was not accessible to the public. A number of agencies, including the Port Authority and several city agencies, are joining the probe.

Crews have suspended work for several days while the agencies look into how the events unfolded.

This project includes the construction of a72-story building that will face the memorial park of the World Trade Center. It's set for a formal opening in the autumn of 2013.

Interestingly, reporters at The Journal have learned that one of the companies on the project paid a nearly $5,000 fine three years ago after it was determined they were operating a crane in a manner deemed unsafe.

According to the Centers for Disease Control, struck-by accidents were the third-leading cause of injury on construction sites in the U.S. from 2006 to 2008. In total, there were more than 6,600 struck-by accidents during that time frame, with claims that totaled nearly $77 million. The average worker who suffered a struck-by accident was out of work for about a month.

]]> If you have been injured in a New York City construction accident, contact the personal injury attorneys of Antin, Ehrlic and Epstein, LLP. Call 212.221.5999 for a free consultation to discuss your claim.

Additional Resources:

Steel Beams Collapse at WTC, By Sean Gardiner and James Campbell, The Wall Street Journal

Heavy Equipment Causes Manhattan Construction Accidents

2012-02-15T18:22:01Z

Heavy machinery and equipment are often required for arduous jobs involving urban development, earthwork, highway construction and building projects.

In a concrete jungle like New York City, these tools can be essential for getting the work done quickly and efficiently. However, they also frequently contribute to major construction accidents in Manhattan.

Workers need to be trained on the proper methods of use, as well as pitfalls to avoid. Construction workers have to be on alert for the potential dangers that could result in a debilitating injury or worse.

Every construction worker deserves to return home safely.

Our Manhattan construction accident attorneys know that for years, the U.S. Occupational Safety & Health Administration has been tracking statistics on the calamities most likely to befall construction workers. If you operate a construction site, you should take note of these as well.

Everyone makes mistakes sometimes, but in construction work, one slip-up could easily result in a fatality. The proper protections and controls can make a huge difference in preventing these occurrences.

In Canada, the Infrastructure Health & Safety Association (akin to OSHA in the U.S.), outlined the top heavy equipment hazards in the construction industry, which ring true on both sides of the border.

1. Electrocution. This is especially an issue if the machinery comes in contact with power lines overhead.

2. Being crushed. This is a risk if the equipment overturns.

3. Getting struck by the material being moved, such as iron pipes, rocks or cement. If the equipment isn't properly operated by a subcontractor, everyone is at risk.

4. Being pinned between a wall or other object and the equipment. Again, this could be an issue with operator error.

5. Being run over by the heavy equipment.

The risk may seem daunting for any worker, but much of it can be mitigated by putting certain safety practices in place.

1. If it's at all possible, plan an area where vehicles can drive straight through, so there won't be any need for the operator of heavy machinery to back up.

2. Make sure if you're a driver or operator that you wear your seat belt.

3. Know your blind spots so that you can be especially aware to check them before you start trying to maneuver forklifts and cranes.

4. Recognize when it might become necessary to use a signaler, and ensure that person knows the standard hand signals.

5. Wear brightly-colored clothing or vests that make you highly visible.

Finally, it's crucial for both employers and workers to be aware of some of some of the types of heavy equipment that often contributes to construction injuries and deaths.

This include:

1. Scaffolding. This common construction equipment creates an enormous fall hazard, especially if it's not properly put together. Many people think of heavy construction equipment safety as simply an issue for those who operate motorized vehicles. It's important to take note that non-moving equipment can be just as deadly.

2. Electrical equipment, which can not only shock you, but potentially cause fires and explosions. Following safety standards every time, without exception, can decrease the risks.

3. Trenching and excavation equipment. When it's not used properly or at all, workers are at risk for cave-ins, collapsing walls, electrocutions and even drowning.

]]> The Manhattan injury lawyers at Antin, Ehrlich & Epstein can be reached toll-free at 888-563-4213.

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