Protect Yourself From A Construction Accident

New York City construction accident lawyerHave you ever witnessed a co-worker get injured on a construction site? Here are some ways to help prevent a future incident so that you do not find yourself a victim of a construction accident.… Read the rest

OSHA And Skanska-Walsh Form Partnership To Eliminate Workplace Hazards

NYC construction accident lawyerRecently, OSHA signed an agreement with Skanska USA and Walsh Construction (Skanska-Walsh) to protect the health and safety of the 1,600 construction workers hired to work on the redevelopment project of LaGuardia Airport Central Terminal Building.  Skanska-Walsh is in charge of the $4 billion project. As an additional safety measure, Skanska USA has also signed a contract with the Building and Construction Trades Council to manage all of the construction zones.

According to Skanska-Walsh, safety has always been a major concern during this project. Out of 1,600 workers that are part of the redevelopment project, 1,200 are construction workers.  The … Read the rest

Electrical Accidents Rank Sixth Among All Causes of U.S. Work-Related Deaths

Electrical accidents rank sixth among all causes of work-related deaths in the United States and are both fatal and costly. Recently, the Public Service Enterprise Group (PSEG) has taken actions to improve the safety of its workers through its new safety procedures. But the company’s actions have come under scrutiny, as the new measure has increased customer outages by 5 percent a year. According to Newsday, company officials have defended the practice as the reduced risk of serious on-the-job injuries and fatalities to its employees outweighs the minimal impact to efficiency.

Last June, PSEG enacted its new safety feature … Read the rest

U.S. Labor Statistics Show 12 Workers A Day Died On The Job In 2012; New York Region Leads Country in Work Fatalities

Preliminary results from the Bureau of Labor Statistics’ National Census of Fatal Occupational Injuries (CFOI) released this past Thursday show a reduction in the number of workplace fatalities in 2012 compared with 2011.  The 2012 total represents the second lowest preliminary total since CFOI was first conducted in 1992.  The statistics are analyzed by different categories: worker characteristics, type of incident, industry, occupation, state and metropolitan statistical area ( MSA).  The MSAs with the most fatal occupational injuries in 2012 were New York-Northern New Jersey-Long Island (NY-NJ-PA) with 178.

The CFOI statistics show that workplace fatalities in construction and extraction … Read the rest

Sephora Held Liable Under Labor Law For Providing Worker with Ladder That Was Too Short

The strict liability imposed by New York’s Scaffold Law, designed to protect construction workers who work in dangerous conditions and lack the leverage to ensure that building owners and contractors give them a safe place to work, has been somewhat weakened by a line of cases that hold that the Labor Law does not apply to construction site accidents where the employee’s conduct can be said to be the sole proximate cause of an accident. But most recently the Appellate Division, First Department reminded the bar that if plaintiff’s injuries were the direct consequence of a failure to provide adequate … Read the rest

Super Bowl Stress Qualifies for Workers’ Compensation Death Benefits

The claimant’s deceased husband suffered a heart attack and died on Super Bowl Sunday of 2010 while working as acting store manager of a Waldbaum’s supermarket in Roberts v. Waldbaum’s, 513795, 2012 WL 4449387 (3d Dept., September 27, 2012). Claimant applied for workers’ compensation death benefits alleging that the heart attack (myocardial infarction) was triggered by the stress and excitement resulting from the responsibility of running the entire store on Super Bowl Sunday, an historically busy day at the store. Also, several hours earlier decedent was involved in an altercation with an irate customer. The Appellate Division upheld the … Read the rest

Court of Appeals Declines to Apply Labor Law 240(1) to Worker Who Fell From Ladder While Cleaning Product Employer Manufactured

In Dahar v. Holland Ladder & Manufacturing Company, 2012 WL 538245 (February 21, 2012), the plaintiff was injured when he fell from a ladder in a factory while cleaning a product manufactured by his employer. The Court of Appeals held that his activity was not protected by Labor Law § 240(1). The product in question was a steel “wall module” made by third party defendant West Metal Works, Inc. at its plant in Cheektowaga, New York. The module was at least seven feet high: West’s customer, defendant Bechtel National, Inc., was purchasing it for installation in a nuclear waste … Read the rest

OSHA Announces Measures to Strengthen Enforcement of Whistleblower Protection Program

There are 21 federal statutes that the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) enforce to protect employees who report violations of workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws.

The whistleblower provision laws inhibit an employer’s ability to retaliate against any employees that bring up concerns with the workplace or give protected information to the employer or the government. Based upon the findings of an audit of OSHAs whistleblower program performed by the Government Accountability Office … Read the rest

Weight of Falling Object, Not Just Height Differential, Can Implicate Absolute Liability Under Labor Law

The 39-foot, 1,300-pound rail fell only 12-16 inches onto plaintiff’s right leg. It occurred when the plaintiff and his coworkers were using rail hooks to move the rail on top of another rail at the Steinway subway station in Queens. Upon the callman’s signal, the plaintiff’s coworkers began lifting the rail off the ground, but the plaintiff’s hooks were not in place and he was not ready to begin lifting. This allegedly caused the team to lose control of the rail and resulted in the rail falling. Under this scenario, there is an issue of fact whether Labor Law 240(1) … Read the rest

More Statistics From the National Census of Fatal Occupational Injuries – Falls, Construction Workers, Minority Workers

Certain statistics from the Bureau of Labor Statistics (B.L.S.) of the U.S. Department of Labor preliminary results of its 2009 National Census of Fatal Occupational Injuries warrant more attention than in our last blog post. The study contains specific tables analyzing fatal falls by the type of falls, fatal work injuries in the private construction industry by the type of work being performed, and the demographic relationship between workers and fatalities.

Fatal falls by type of falls: From ladder – 20% From roof – 18% On same level 13% From nonmoving vehicle 12% From scaffold, staging 9% From floor, dock … Read the rest