NY Construction Accident Information

The Occupational Safety and Health Administration (OSHA) estimates that one point six million Americans work in the construction industry. Half of these work in residential construction. Every year in the U.S. some 38,000 construction related injuries are reported. Approximately 21,000 days away from work result from these injuries. Construction is not only one of the largest U.S. industries, it also is one of the most dangerous. OSHA has noted a decline in injury rates in other workplaces, but not among those who work in the construction industry.

Falls are the leading cause of injuries and fatalities in the construction industry. Companies’ failure to provide personal fall arrest systems, safety harnesses, safety nets, scaffolds or other safety devices tragically often result in injury, time away from the job, medical costs, and sometimes even death.

Under the OSHA Local Emphasis Program on Fall Hazards in Construction, the agency initiated an inspection on December 10, 2010, at an apartment building construction site located in West Windsor Township, New Jersey. OSHA inspectors cited Sousa Contractors Inc. for one willful violation, six serious violations, and one other-than-serious violation. These safety violations involved exposing construction workers to fall hazards as well as other safety violations. Penalties for these violations total $107,900. Sousa Contractors Inc. is a general contractor supplying construction worker crews for roofing, masonry, and framing work.

Paul Dixon-Roderick, director of OSHA’s Marlton, New Jersey area office, was quoted as saying that it was vital that Sousa Contractors implement proper fall protection for the protection of its workers: “This company’s failure to implement proper fall protection reflects a careless approach to workplace safety, leaving workers at risk of serious injury and possible death.”

The construction company’s violation was committed because the company permitted workers to install 35 foot trusses at the leading edge of a building without the use of personal fall arrest systems or safety nets.

Among the company’s violations labeled “serious” were the company’s failure to ensure that workers were not exposed to protruding nails and lumber debris and failure on the part of Sousa Contractors Inc. to provide its workers with instruction on recognizing health and safety hazards.

Another series of “serious” worker safety violations involved proper, safe use of an aluminum extension ladder. Ladders must be extended to only a safe height above landings and must be used and extended at a safe angle. A second worker is required to grasp the extension ladder when it is in use.

• Falls through roofs, floors, wall openings or unprotected holes
• Falls into elevator shafts
• Falls from improperly used ladders
• Falls from scaffolding which might have been assembled improperly
• Falls caused by protruding steel rebar
• Falls due to fallen debris or sharp projectiles

Other construction site injuries include the following:

• Electrocutions—Electricity is a constant danger to those who work at construction sites. Failing to tag or to lock out circuits can lead to severe injury or death.
• Injuries sustained from tools which may malfunction
• Defective pieces of machinery such as conveyor systems, hoists, forklifts and cranes
• Injuries sustained from the collapsing of poorly supported block or brick walls
• Injuries suffered in construction vehicle rollovers
• Trenching and excavation—Cave-ins caused by lack of shoring often turn deadly when employees are buried under tons of earth, sand, or gravel
• Explosions due to striking underground utility lines/gas lines

The OSHA maintains a weekly updated report containing the summaries of fatalities and catastrophes resulting in the hospitalization of three or more workers. These summaries include preliminary information as it has been reported to OSHA area offices or to states which operate OSHA-approved state plans. OSHA is required by the United States Department of Labor to investigate all work-related fatalities and catastrophes. Weekly reports offer only preliminary information; once OSHA’s investigation has been completed, these reports are updated along with the results of all work site inspections and information regarding any citations issued.

• On March 30^th, 2011, a Miami worker at Eller-I.T.O. Stevedoring Company LLC in Miami, Florida was struck and killed by a falling refrigerated container.
• On April 1^st, 2011, a Bloomington, Illinois worker repairing a metal roof died after falling from a ladder onto the concrete below.
• On April 3^rd, 2011, a worker died using an aerial lift to spray paint a structure’s ceiling. The worker fell almost 60 feet from the aerial lift’s basket.
• April 4^th, 2011, a worker in Chicago died after suffering respiratory failure from inhaling a cleaning substance.
• Also on April 4^th, 2011, in Jacksonville, Florida a worker was electrocuted when the worker’s bucket came into contact with an overhead power line.
• On April 7^th, 2011, in Lake Placid, Florida two workers filling a water storage tank and replacing a fire pump system were crushed when the building collapsed after the storage tank exploded.
• On April 8^th, 2011, a Bradley, Illinois worker repairing a roof truss machine was crushed between a gantry table press and a finish roller.
• On April 9^th, 2011 a construction worker at the Helen of Troy Company in Southaven, MS suffered a leg injury while operating a forklift and later died from complications due to that injury.
• On April 11^th, 2011, a worker employed by Stidham Construction in Kingsburg, California who was installing insulation in a barn died after stepping between the personnel lifting equipment and roofing. He fell 30 feet to the concrete floor below.
• Also on April 11^th, 2011, a worker employed by Southland Contracting, Inc. of Webster, New York died after falling onto a conveyor belt inside a tunnel.

Almost two-thirds of workers injured on the job site fail to realize that they can collect benefits from workers’ compensation and still sue another person or party who was guilty of negligence in maintaining a safe work place. Parties responsible for injuries suffered on the job may include the general contractor, the owner of the structure or the building, the construction manager, the project manager, outside contractors and subcontractors and manufacturers of defective equipment.

If you or a loved one have been injured on a construction site, you need the New York construction accident attorneys at Schwartzapfel Partners, P.C. at your side!

Call us at (877) 778-1040 or visit our fill out our online contact form.

We will fight for you!

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.