Queens Construction Accident Demonstrates NY’s Safety Shortcomings

Daniel A Kalish - A recent tragedy in Queens is one of the latest construction accidents in the tri-state area to highlight the dangers of construction work and hints at possible shortcomings in New York’s construction safety regulations.

A 26-year-old Queens resident and construction worker was crushed under the weight of an 18-foot high cinder block wall and its scaffolding the morning of January 10, 2011. The man was working under the scaffolding when the wall fell; his brother and two other workers were on top of the wall at the time and were able to ride the momentum of the wall down to safety, suffering injuries but surviving the collapse.

The construction project was intended to be a five-story building, the first floor having space for commercial use and the top four floors space for residents. The contractor, H. Rock Corporation, has worked on the project since being granted a permit in 2009. The corporation has received six violations at the site since it began construction, mainly for basic safety violations such as failing to post proper signage and keep machinery out of the sidewalk.

The City of New York is currently investigating the site of the accident, and has issued a stop-work order until the investigations are complete.

In the event of a workplace accident, it is important for employees to understand what they are entitled to after such an incident. The State of New York requires virtually all employers, including construction contractors, to provide workers’ compensation benefits in the event of a workplace accident that keeps the employee out of work for a period of time.

In some situations, employees who have been injured at the workplace can also file a personal injury claim to gain income in addition to any benefits that are received through workers’ compensation. To learn more about what avenues to recovery you may have, contact a New York personal injury attorney to confidentially discuss your accident.

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Construction Worker seriously injured in fall - Syosset, NY

A construction working in Syosset who fell 8 to 10 feet yesterday is in the emergency unit at Nassau University Medical Center.  

The unidentified worker is expected to be admitted to the medical-surgical floor in serious but stable condition.

The police responded to the construction site after getting an emergency call at about 10:49pm.  Fire officials say the worker was taken to the hospital by medivac helicopter.

They say the worker fell off a beam and into a foundation that was being built.  He was airlifted to the hospital where he is listed in stable condition.

The site of the construction injury is located on Jericho Turnpike near Florence Avenue.

If you or someone you know has been injured on a construction site call the experienced injury lawyers of Buttafuoco & Associates 1-800-669-4878.

LABOR LAW – $1.3 Million Settlement for Fall from Scaffold - spinal injuries

Labor – Fall from Scaffold Results in Spinal Injuries
XX/25-40 LABOR LAW – FALL FROM SCAFFOLD – SUMMARY JUDGMENT ON LIABILITY

BULGING CERVICAL AND LUMBAR DISCS, TORN MENISCI, AND CONCUSSION

SETTLEMENT: Zach D. v. City of New York; Perini Corporation v. Nelson Maintenance Services, Inc.

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, P.L.L.C., Woodbury.

Deft. Atty: David E. Potter of Lazare, Potter, Giacovas & Kranjac, L.L.P., Manhattan, for City of New York and Perini Corp.

Jeffiey S. Feinerman of Meiselman, Denlea, Packman & Eberz, P .C., White Plains, for Nelson Maintenance Services.

This case settled just before plaintiff rested for $1,300,000. Plaintiff, a 39-year-old union painter employed by Third-party defendant Nelson Maintenance Services, fell off a double Baker scaffold which collapsed under him while working at the sewage treatment plant at Coney Island in Brooklyn. Defendants contended that the accident did not happen as plaintiff claimed. Plaintiff was granted summary judgment on the issue of liability pursuant to Labor Law §240(1 ).

Injuries: bulging cervical disc at C4-5; bulging lumbar disc at L4-5, with radiculopathy on the right side confirmed by EMG; torn medial and lateral menisci in the right knee requiring arthroscopic surgery and future total knee replacement; mild concussion with post-concussion syndrome and headaches; questionable chip fracture of the right calcaneus. Defendants claimed that the arthroscopic surgery that was performed was a routine operation, and did not result in permanent disability. Defendants also contended that there was no fracture to the calcaneus. Plaintiff claimed that he is unable to work, and he has not returned to work. He claimed lost earnings in the range of $40,000 to $50,000 per year plus benefits. Defendants disputed the extent of plaintiff s lost earnings, claiming that he had a sporadic work history with union earnings of only $20,000. Plaintiff’s vocational rehabilitation expert testified that plaintiff had sustained past lost earnings of $500,000 and future lost earnings of $1,500,000. The judge struck his testimony, finding that there was insufficient factual basis, since no W-2s or tax returns, were provided. Specials: $26,000 for past medical expenses; $200,000 for future medical expenses. Demonstrative evidence: MRIs; EMGs; models of the spine and knee. Settlement apportionment: Perini paid $150,000; Nelson paid $1,000,000, policy coverage, and $150,000 from the State Insurance Fund 1B coverage. Carriers: GAN for Nelson ($1,000,000 policy); St. Paul for Perini.

Pltf. Expert(s): Dr. Irving Friedman, neurologist, Brooklyn; Dr. Ali Guy, physiatrist, Manhattan; Dr. Frank Carr, orth surg., Brooklyn; Stuart Sachnin, Ph.D.,vocational economist, Manhattan, ( testimony striken).

Deft. Expert(s): Defendant would have called Dr. Jerome Block, neurologist, Manhattan; Dr. Aldo Vitale, orth. surg., Brooklyn.

18 Hurt When Partial Building Collapse Sends Debris Onto Bus At 125th Street In Harlem

NEW YORK (CBSNewYork) – Part of a building collapsed Tuesday morning, striking a city bus at 125th Street between Frederick Douglass Boulevard and St. Nicholas Avenue.

The brick facade of a 2-story building at 305 West 125th Street, which was being demolished, collapsed and sent debris onto scaffolding protecting the sidewalk surrounding the site around 9:15 a.m. Part of that scaffolding collapsed as well. Debris from the collapse struck the back of a city bus which had 30 passengers on board, 1010 WINS’ Terry Sheridan reports.

Officials said a total of 18 people were injured, including a mix of passers-by, workers and passengers. Two police officers also suffered minor injuries trying to rescue people.

Gisselle Ubeda, an employee of the nearby Rainbow store, described the scene. “It looks terrible,” Ubeda said. “Part of the building has fallen.”

Witnesses said the front of the building started leaning forward amid the demolition, and tipped over.

If you have been injured due to the negligence at a construction site: debri/tools, pipes, etc falling from a height causing serious injury or an electrician, plumber or mason injured while on the job. Call our experienced Construction Injury attorneys today at 1.800.Now.Hurt (1.800.669.4878)