Personal Injury Lawyer - 866ATTYLAW » Construction Accidents

F&A settles construction accident case for $2,800,000.00

admin — Fri, 23 Dec 2011 17:00:50 +0000

Frekhtman & Associates settled a construction accident litigation matter on behalf of a client for $2,800,000.00 on Tuesday December 20, 2011 at a mediation in Manhattan, NY. The case involved a construction worker who was part of a crew rebuilding the sewer system in Far Rockaway, Queens, NY. The plaintiff was inside an access manhole while an excavator operator attempted to lift a trench box cemented into the ground of the same manhole. As the trench box was being lifted, a piece of concrete came loose falling off the trench box and striking the plaintiff in the lower back as he was bent over working inside the manhole. He continued working that day but later went to a pain management doctor who conducted an MRI and found a herniated disc in his lumbar spine (lower back). The doctor performed a series of pain management injections and when that did not help referred the patient to a specialist who conducted surgery to the patient's lower back. The damages award was bolstered by use of experts including an economist to prove future lost wages, a vocational rehab expert to explain how the plaintiff could not work outside the construction industry, and the surgeon who opined about the cost of future medical care. The theory of negligence was against The City of New York as owner of the roadway under section 240 of the NY Labor Law. Since plaintiff's employer was the only contractor present during the sewer construction, there were no other defendants in the case.

New York Construction Accident Inspector pleaded not guilty

admin — Tue, 27 Jul 2010 21:19:44 +0000

New York, NY July 26, 2010 - Edward Maquate, an inspector was charged for the false claim of having inspected a New York construction crane, which collapsed in the month of March 2008, leading to the death of seven people. The inspector wants to make sure that no blame is apportioned to him for the entire incident of collapsing crane.

His trial is not scheduled until fall; however, the attorney of Maquate wanted to bring it to the knowledge of future jurors that his client is not accused of having played a role in the incident, but the judge did not pass any ruling on this plea.

The sole person criminally charged in the collapse crane rigger William Rapetti was acquitted by the court on Thursday. The collapse of the crane has been attributed to parts, which were not being used during the inspection in question. Maquate has pleaded not guilty to the charge of false claims of inspection.

Labor Law 240 protects construction workers in New York

admin — Sat, 29 May 2010 16:06:11 +0000

This statute also known as the “Scaffold Law” places responsibility on owners of property as well as the general contractors on a construction site for accidents where workers are injured due to falls from a height or due to a falling object.

There is an evolving line of case law precedent dealing with this statute. The Appellate Divisions and the New York Court of Appeals interprets the Labor Law and explains in which situations it does or does not apply.

The law reads:

1. All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed. No liability pursuant to this subdivision for the failure to provide protection to a person so employed shall be imposed on professional engineers as provided for in article one hundred forty-five of the education law, architects as provided for in article one hundred forty-seven of such law or landscape architects as provided for in article one hundred forty-eight of such law who do not direct or control the work for activities other than planning and design. This exception shall not diminish or extinguish any liability of professional engineers or architects or landscape architects arising under the common law or any other provision of law.

Overview of Construction Accidents in NY

admin — Fri, 26 Feb 2010 15:12:14 +0000

Under New York law, construction contractors and landlords of property where construction is ongoing are required to maintain certain safety standards and follow safety laws.

New York Labor Section 200 states that contractors, owners and their agents have a general obligation to provide a safe work environment for workers.

Labor Law Section 240 deals with the use of scaffolding, ladders, scissor lifts, and other devices used by workers “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” but does not apply to routine maintenance such as changing a light bulb. Scaffolding must be properly secured with side safety rails. Scaffolding must also be constructed to bear certain weight requirements. Where a scaffold was not properly secured, erected, or outfitted, the general contractor, landlord and or their agent(s) are responsible as a matter of law.

Labor Law Section 241 (6) imposes safety rules on contractors, landlords and their agents who engage in construction, demolition or excavation work.

It is crucial to a full investigation immediately. Due to the nature of construction in a busy City, everything changes in a New York minute. Workers are moved to other sites. Some workers may be undocumented or illegal. An attorney must take photographs, send experts including construction safety specialists, and involve governmental agencies such as OSHA or the New York City Buildings Department among others.

Contact the New York Construction Accident Lawyers at Frekhtman & Associates, www.866attylaw.com or (866) ATTY LAW. Offices in the Bronx, Brooklyn, and Manhattan.

Labor Law 240(1) decision from Court of Appeals helps plaintiffs

admin — Thu, 25 Feb 2010 15:59:56 +0000

Recently, on December 17, 2009, the Court of Appeals of the State of New York decided a case called Runner v. New York Stock Exchange, 2009 WL 4840213, NY Slip Op 09310 (2009). It clarified the state of the law with respect to construction accident or Labor Law cases where an object falls and comes into contact with a worker. These are commonly referred to as “falling object” cases. The Court held that there is no strict requirement that the worker and the falling object make contact. The proper question to ask is not whether the object hit the worker but rather “whether the harm flows directly from the application of the force of gravity to the object.” Ibid. In Runner, the plaintiff was injured while transporting a large wire wheel down a flight of stairs. As the wheel descended the injured worker was pulled into a metal bar injuring his hands. It may no longer be required that the object fall from a height above the worker or that that object hit the worker. Such an expansive reading of the Labor Law is a step in the right direction in accordance with the legislative intent behind the Labor Law.

NY Construction Accident Lawyers settle serious accident case

admin — Wed, 24 Feb 2010 04:03:41 +0000

A construction worker carrying re-bar in Manhattan during construction of a high rise apartment building in mid-town was injured when he tripped and fell over loose debris on the surface. He sued the general contractor and the owner of the property. His attorneys, Frekhtman & Associates, were able to settle the matter during mediation for $450,000.00. The worker suffered an anterior cruciate ligament or “ACL” tear to his knee which required surgery. The case was venued in Brooklyn Supreme Court.

Appeals Court affirms Jury Verdict of $2,800,000.00 by Frekhtman & Associates

admin — Tue, 23 Feb 2010 22:19:48 +0000

Frekhtman & Associates, a New York personal injury law firm obtained a jury verdict of $2,800,000.00 for a construction worker who was injured when a temporary light fixture fell from the ceiling and struck him on the head. The plaintiff was laying tiles onto the wall inside a New York City Transit Authority station near Yankee Stadium at 161st Street in the Bronx, New York. At trial, the plaintiff presented evidence of his injury including a subdural hematoma, PET-SCAN evidence of a mild traumatic brain injury (MBTI), and herniated discs in his neck. Despite video surveillance by the defendant of plaintiff working after the accident, the jury found for the plaintiff and awarded $2,800,000 in total. The Appeals Court, Second Department Appellate Division, affirmed the jury award on liability and damages. The Second Department reduced the award from $2,800,000 to approximately $1,600,000.00. Defendant, the New York City Transit Authority, has expressed an intention to file a motion for leave to appeal to the Court of Appeals, which is the highest Court in New York.

Construction Accident Facts by New York Attorney

admin — Tue, 09 Jun 2009 11:19:42 +0000

Construction Industry is one the biggest industries in the USA. However, construction accidents and deaths are ranked 3rd among all other accidents in the New York State. If you are injured in a construction accident then you must get in touch with a construction accident lawyer.

There are different types of construction accidents which can take place at construction site. Some of these accidents includes Hoisting Accidents, Accidents with construction equipment or machinery: Forklift and or Crane Accidents, Car Accidents with construction vehicles, Falling object or construction debris hitting worker, Worker falls from a height / elevated platform / falls from ladders, Scaffolding collapses, Falls from scaffolds

The following are some statistics from the U.S. Department of Labor Bureau of Labor Statistics on safety and on-the-job injuries in the construction industry: - One of every five workplace fatality results from construction accidents..

- 1,225 fatal occupational injuries in construction were reported in 2001, which excludes fatalities on September 11. Also in 2001, there were 481,400 nonfatal injuries and illnesses in construction. Incidence rates for nonfatal injuries and illnesses were 7.9 per 100 full-time equivalent workers in construction, and 5.7 per 100 full-time equivalent workers in all private industry in 2001.

- There are only 10% of construction companies which employ more than 20 workers, therefore great majority have no formal job safety regulations or programs in place.

- During year 1992, the “lost-workday” rate for workers in the construction industry was 5.7 per every 100 full-time workers. This lost-workday rate was the highest if compared with any other major economic sector.

- Nationwide, about 15% of workers’ compensation costs are attributable to injuries in the construction industry.

It is the legal right of construction workers to work in an environment which is free of hazards and foreseeable accidents as per the Occupational Safety and Health Act. Unfortunately, construction accidents do take place and most of these accidents result in fatal injuries.As per the New York State laws it is compulsory for employers to purchase insurance cover which provides workers compensation benefits to employees in case of an accident or injury. This insurance normally also covers lost wages, and all necessary medical care expenses. If you or your loved ones have been a victim of construction accident then you must get in touch with a personal injury lawyer

Visit New York Accident Lawyer: http://www.866attylaw.com at following address:- 60 Bay 26th Street, Brooklyn, New York – 11214 Phone : (718) 331-7700

The Woolworth Building, 233 Broadway, New York, New York – 10007 Phone : (212) 766-5656 OR Call us at : 866-ATTY-LAW OR (917) 535 7392

New York State (NYS) Workers Compensation Lawsuits-Claim Guide by Injury Lawyer

admin — Wed, 22 Oct 2008 11:05:59 +0000

As per the U.S. Bureau of Labor Statistics, more than 4 million workers were injured on the job during 2005 and 5,700 workers lost their lives from work related injuries. New York State’s no-fault worker’s compensation program is meant to provide financial protection to workers hurt on the job and to provide them appropriate medical care.

NYS State law requires employers to purchase insurance in order to provide workers’ compensation benefits to his/her employees. This insurance covers payments for medical care and to replace lost wages. It also provides facility regarding medical treatment. However, denials are common while filing an injury claim. Your case is handled by a third party insurer (excluding State), which would be reluctant to pay for your injury claim.

Once your claim is denied/reduced or terminated, you are allowed to a hearing before a law judge. This is the most crucial aspect since other side will definitely hire a strong defense attorney to devoid you of your claim amount. If you get into a similar situation, you should immediately get in touch with your workers compensation lawyer who will represent your case and will help you receive justice and compensation.

Workers injury compensation claim does not remain restricted to injury claims resulting from an accident. Worker compensation can be filed in carpal tunnel syndrome, back problems, stress-related problems, mental health issues, heart attacks, illnesses or strokes which could be related to inferior health and safety services at your workplace. It can also include post-traumatic stress disorders and several others.

If you work for a covered New York employer then you are eligible for workers compensation benefits. It is the duty of your employer to insure safety of its employees and to provide them adequate medical help in case of an accident at workplace. Moreover, you would be eligible for workers compensation regardless of whether you are full-time, part-time, temporary, or any other undocumented worker.

In case you feel that you have been a victim of personal injury due to negligence by your employer, then you must get in touch with us at 1-866-ATTY-LAW. We will help you receive justice and compensation for y our injuries. We will help you receive various benefits such as: Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability, and other programs

Article Update by : New York City Workers Compensation Lawyer

Workers Compensation Legal Law Resources :

A Guide to Workers Compensation in New York Major Provisions of the New York Employment, Safety and Security Act of 1996 Temporary Payments of Workers Compensation without Prejudice, New York State New York State : Components of Workers’ Compensation Premium Workers Compensation in New York City Independent’ Medical Examinations & Workers Compensation in New York State New York State Worker’s Compensation: Some Basic Sources

Visit New York Personal Injury Lawyer : http://www.866attylaw.com at following address:-

60 Bay 26th Street, Brooklyn, New York - 11214 Phone : (718) 331-7700

The Woolworth Building, 233 Broadway, New York, New York - 10007 Phone : (212) 766-5656

Construction Worker died in Scaffolding Accident : Update by NYC Lawyer

admin — Mon, 15 Sep 2008 11:28:47 +0000

A 38 year old man, Miguel Rodriguez died in a scaffolding accident at Morningside Heights construction site on Thursday.

The victim fell five stories to his death when his scaffolding collapsed. He was wearing a safety harness, but it was not tethered to the building.

Malik Hussain, 26, who is the owner of Classic Painting & Restoration Inc., told city officials probing the death that there was a rigging foreman present at the Morningside Heights site, a safety measure required by law, the Department of Investigation said.

The construction site was being supervised by a bogus foreman, Jinal Patel (aged 23) who lacked training and certification required to oversee the construction sites. He was arrested for presenting a fake identification card claiming that he was the foreman, despite a lack of training and certification, the department said.

Both Hussain and Patel were charged with criminal impersonation, which is punishable by up to one year in prison.

Rather than hiring a certified foreman, the owner Malik Hussain asked an unqualified worker to pose as foreman and even allowed him to use his identification card. Then, after the co-worker died in the scaffolding accident, the unqualified employee tried to keep us that false appearance and misguiding the police.

The Department of Buildings suspended Hussain’s special rigger’s license and stopped work at 28 other sites he was overseeing.

News Update by : New York (NYC) Construction Accident Attorney