A Notice of Claim is a legal document that the State of New York requires to be prepared and served prior to bringing a lawsuit for damages against a municipal or government entity. The purpose is to provide advanced notice to such agencies that they may be sued for such damages and afford them time to investigate the circumstances and merits of potential claims while the information is still readily available. In New York, the notice of claim must be filed within 90 days from the event giving rise to the cause of action.… Read the rest
The Occupational Safety and Health Administration (OSHA) is responsible for developing safety measures as well as establishing regulations to protect construction site workers from injuries. In the event that an incident occurs, OSHA will investigate. Like all workers, construction site workers must be provided with a safe working environment that is free of health and safety hazards. … Read the rest
As New York City continues to build, the number of streets seemingly overwhelmed with scaffolding continues to increase. A significant concern among New Yorkers is the danger these structures pose to the public as pedestrians walk beneath them on a daily basis. Recently, there has been an increase in scaffold-related accidents leaving victims with serious injuries.… Read the rest
Crane accidents rarely occur, however, when they do occur, the accidents pose a threat not only to people but also to property. Cranes are often massive and can fall from great heights when these incidents occur, resulting in death or serious injury to construction workers, motorists, cyclists, pedestrians, and bystanders on the street. In addition to the loss of life and injuries, these situations result in an immense amount of property damage, which is why it is important to hold those responsible for what happened.… Read the rest
Have 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
Recently, 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
In April 2015, 22-year-old Carlos Moncayo was killed when a 14-foot deep, unshored trench collapsed. Mr. Moncayo was an undocumented laborer from Ecuador who worked for Sky Materials, which is an excavation subcontractor based in Calverton, Long Island, New York. Alfonso Prestia, the site supervisor plead guilty to criminally negligent homicide and was sentenced to serve community service. The foreman of Sky Materials was convicted of criminally negligent homicide and was sentenced to a year in jail. The company Sky Materials, has yet to be tried.
The general contractor in this incident was Harco Construction LLC. Harco was convicted of … Read the rest
On February 5, 2016 a 500-foot crawler crane collapsed during an approaching winter storm. The crane damaged buildings in Tribeca and killed 30-year old David Wichs. Following the incident, the Department of Buildings temporarily banned the use of crawler crane’s around the five boroughs.
Additionally, the Department of Buildings drafted new regulations to make crane operations safer. However, the construction industry groups were not given a seat at the table during the drafting process.
According to Crain’s New York Business, the new rules were released in March and June. The construction trade groups believe that the new regulations add … Read the rest
The April 6, 2015 death of a construction worker at a Ninth Avenue New York City construction site has initiated an investigation into the owner of Sky Materials Corporation, an excavating subcontracting company. After an extensive investigation, owner Michael Cholowsky was indicted for concealing payroll information and submitting false documents regarding the number of employees he hired. The charges are first degree workers’ compensation fraud, and filing false statements, along with other criminal charges stemming from the construction accident.
During the April 2013 to April 2014 time period, Mr. Cholowsky allegedly falsely reported to the New York State Insurance Fund … Read the rest
According to Politico New York, construction worker injuries in New York City have increased 34 percent from the 2014 fiscal year (July 2013-June 2014) to the last fiscal year which ended on June 30, 2015. This increased the number of injuries to 283, and the amount of fatalities to 11. In 2014, the total value of construction projects was $26.2 billion. By June of 2015, the estimated value has already reached $22.2 billion. With the number of construction projectsin New York City increasing, it is no surprise that resulting construction worker injuries are on the rise as well.
Recently, … Read the rest