The “Fatal Four” Causes that are Killing Our Construction Workers
Construction workers are exposed to a high-risk work environment. Due to the nature of their work, they remain vulnerable to accidents, that could lead to minor to major injuries and may even be fatal. These injuries can impact their lives, affect their day to day lives, and even restrict them from working. Construction accident attorneys across the country have witnessed a significant increase in cases of construction-related injuries among workers. Common Accidents Leading to Fatalities Among Construction Workers A recent report released by the Occupational Safety and Health Administration (OSHA) highlighted the “fatal four”, that is, the primary causes of fatalities among construction workers. They are as follows: Falls – is the most common cause of fatalities among construction workers. Nearly 36.5% deaths occur due to falls. This could be result of falling into unprotected holes, falling off a ladder, etc. It is important that all sites follow OSHA’s fall protection protocol to keep the workers safe. Struck by an object – accounts for 10% of fatalities. This could be due to swinging, falling, or misplaced objects. Other causes may include faulty equipment, negligent driving of a vehicle, or a slippery surface / shifting material. Electrocutions–Nearly 9% deaths occur due to electrocutions on the work site. This could be due to faulty wiring, inadequate maintenance. The onus lies on the employer to ensure that all OSHA protocols are followed with respect to power and electricity maintenance on the work site. Caught-in or caught-between: A construction site is full of large and heavy equipment managed by the workers. In such a scenario, it is possible to get caught in or between. About 2.5% fatalities are caused due to this reason. The above are responsible for more than half (57%) of all fatalities among construction workers at their work place. Involved in a construction-related accident Accidents at a construction site can be a result of various reasons in addition to the ones mentioned above. However, if the cause of the accident was avoidable and occurred to employer’s negligence, you’re owed a fair compensation for your physical injuries, mental trauma and other associated impact. We recommend you hire an injury attorney to represent you. Work with a top injury lawyer In most cases, the employer or another party at-fault may try to settle the case by providing only the workers’ compensation, but you deserve more. It is important that the injury attorney accounts for all your pain and suffering, and takes it into account while identifying a just and fair settlement for you. If you or someone you know has suffered an injury as a construction worker due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced construction accident attorneys. Our consultation is free and we do not charge a fee unless we win your case.
All You Need to Know About OSHA as an Employer
If you’re an employer in the United States, it is important that you orient yourself with the Occupational Safety and Health Hazard Administration (OSHA). It is the holy grail for any business owner in the United States. OSHA is a federal government agency. Its aim is to ensure safe and healthy working conditions for employees by mandating implementation of certain safety standards as well as provide timely and updated information on workplace safety. For example, if an employee suffers an injury at work such as an accident at a construction site, their construction accident attorney will first ask for OSHA-related documentation from the employer to ensure that standards are met. Here are a few important aspects of OSHA that every employer should know. What does OSHA do? To put it simply, OSHA provides safety standards for various industries and sectors such as hospitality, construction sites, manufacturing units, etc. The end objective is to avoid any workplace injury to occur. OSHA also provides training to employers to ensure effective implementation of safety standards. OSHA also undertakes inspections of workplaces. If you’re an employer and found in violation on any OSHA code, you’re liable to pay a fine for violating workers’ rights. To whom does OSHA apply? OSHA protects most private-sector employers and employees. In fact, it also serves federal employees. However, while OSHA can penalize private-sector organizations in case of a violation, it cannot fine a federal agency. Moreover, people who work in local government bodies or in industries administered by specific federal agencies such as mining do not fall under the purview of OSHA. How is OSHA implemented? At the federal level, OSHA is small agency and with state-level partners it has a little more than 1800 inspectors. Latest data estimates suggest that OSHA currently covers 130 million workers across the country. As is evident, the OSHA inspector to worker ratio is about one inspector for every 70,000 workers. OSHA has a preset budget at the beginning of every financial year. In 2021, its budget is approximated at $591,787,000. In terms of inspections conducted, last available data of 2019 suggests that OSHA inspectors undertook nearly 34000 inspections. What are the common violations observed by OSHA inspectors? In 2019, Federal OSHA released a report which highlighted the top ten violations observed during inspections. They’re as follows: Fall protection, construction Hazard communication standard, general industry Scaffolding, general requirements, construction Control of hazardous energy (lockout/tagout), general industry Respiratory protection, general industry Ladders, construction Powered industrial trucks, general industry Fall Protection–Training Requirements Machinery and Machine Guarding, general requirements Eye and Face Protection If you’re an employer, the onus of your workers’ safety lies on you. It is your responsibility to make sure that you provide them with a healthy and safe working space. In fact, ensuring that your workers are given adequate care and proper provisions will be beneficial for you in the long run. In fact, to make sure that your OSHA standards are up to the mark, you can hire a lawyer as per your business, for example a construction accident attorney or a personal injury attorney to help you validate that the worksite meets the OSHA criteria effectively. This is an important step because if there’s a mishappening at the work site and a worker in injured, their injury attorney will first check for OSHA violations. What to do if you’re injured at a work site? If you or someone you know has suffered an injury at a work site due to employer negligence and you need the best injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Construction Fatalities at Their Highest Since 2007
Over the years it has been established that construction workers have a high-risk work environment. At all times, they remain vulnerable to accidents, which may lead to minor to major injuries and may even be fatal. These injuries can impact their lives, affect their day to day lives, and even restrict them from working. These consequences have a dire impact on the worker’s life. Construction accident attorneys across the country have witnessed a significant increase in cases of construction-related injuries among workers. What do the numbers say? Statistics also draw a very grim picture. Construction work-related injuries, especially fatalities are on the rise. Sadly, they’re the highest since 2007. A report by the Bureau of Labor Statistics titled “National Census of Fatal Occupational Injuries in 2019” states that there were 5,333 fatal work injuries recorded in the United States in 2019. This means that a worker died nearly every 100 minutes in 2019. Among the types of workers within the construction industry, it emerged that it was the drivers/sales workers and truck drivers who saw the highest occupational fatalities since 2003 at a shocking 1005 occupation fatalities in 2019. Moreover, falls, slips, and trips also increased by 11 percent in 2019. In terms of the nature of work within the industry, the data suggests that it is fishing and hunting workers followed by logging workers, flight engineers, and roofers who were at the highest risk of work-related fatalities. A comparison between private-sector and government-owned construction work suggested that a higher increase in worker fatalities was observed among private-sector construction workers with a rise of 5 percent in fatalities – the highest since 2007. What to do if you’re in a construction-related accident as a worker? Construction-related accidents can be of various types and be caused due to various reasons. It could be due to a result of an employer’s negligence to enforce safety measures, faulty equipment, or harmful chemicals you’re exposed to at work. If you’re a construction worker and a victim of an accident due to someone’s negligence, you’re owed fair compensation for your physical injuries, mental trauma, and all other associated impacts. We recommend you hire an injury attorney to represent you. Why do you need a top injury lawyer in case of an accident at a construction site? In most cases, the employer or another party at-fault my try to settle the case by providing only the workers’ compensation but you deserve more. The injury attorney you hire must ensure that they take all tangible and intangible factors into account while identifying a just and fair settlement for you. If you or someone you know has suffered an injury as a construction worker due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced construction accident attorneys. Our consultation is free and we do not charge a fee unless we win your case
What Should You Know About Hiring a Construction Accident Attorney?
Accidents at the work place, especially at construction sites are quite common. They leave workers with serious injuries, disabilities and can even be fatal. All accidents which occur at the workplace make the employer viable liable for compensationbeyond the workers’ compensation often offered as settlements by the employers and the insurers.If you’re in a construction accident while working on a site, you can reach out to a construction accident law firm to guide you get the settlement you deserve. Firstly, it is important to know the main causes, common injuries, and your rights as a worker if you’re injured on a construction site. Once you’re clear about the violations or want to know more about it, a construction accident attorney can help you understand your case, file the right claim and get the settlement which is far beyond and more just than the rather lowly workers’compensation offered. But if you’re in a construction accident, here are the first few steps you need to take before you reach out to a construction accident law firm. Get medical treatment – Immediately seek medical care and ensure that save all the bills and insurance claim you have utilized for this particular accident. Document the injury in as much detail as possible in consultation with your doctor. It will come in handy which filing the claim with a construction accident attorney. Figure out your workers’compensation – All workers regardless of nature of work are entitled to a compensation should they be injured at the work site. It is important to know your compensation as it varies based on how and where the worker got injured, for example, the compensation and right to ask for claim will vary if the worker fell from a height at the work site or if the worker suffered an injury due to faulty equipment / chemical being used. Let your construction accident law firm know the exact nature of your injury and resultant compensation you are eligible to get as per the employer’s policy. Talk to the employer – It is imperative that you immediately inform and talk to the supervisor / employer about the accident. You can also talk to the human resource manager. This will help put the occurrence of the accident on-paper and can serve as documentation as the time of filing the claim with the construction accident attorney. Once you do the above, the next step is to reach out to a construction accident law firm. Here’s what you should keep in mind. When is the right time to hire a construction accident attorney? – It is best to get an attorney of a well-known law firm as early as possible. Often workers’ compensations are tied to deadlines and it is best to get an attorney who is a construction accident expert to get you the settlement you deserve. What should you ask your construction accident attorney? – Before hiring your lawyer, make sure you get the one who is best suited to handle your case. An experienced attorney can make all the difference while filing your claim and fighting for your right. Here’s a few questions you can ask them: Experience with handling construction accident cases specifically The typical settlement for other similar cases Their fee and its complete break up and structure How often have they successfully handled the cases with settlement and how many times have they had to go on trial? Any references they might have, specifically for construction accident cases How would a construction accident attorney help you? – The biggest value that an attorney from a construction accident law firm will bring is the relevant experience of such cases in the past. Their handling of previous cases would help them navigate through your case easily and find the solution best suited to you. Moreover, your case will be their biggest priority and they will do everything in their power to make sure that cover all losses – tangible and intangible – are covered. If you or someone you know has met with an accident on a construction site, get an attorney today! Reach out to Siler & Ingber, LLP, call us on 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a construction accident attorney.
Hidden Ladder Dangers: How To Prevent Injuries
Over 43 percent of all fatal falls over the last decade involved people who were using ladders. According to a study by the Center for Disease Control and Prevention, more than 90,000 others are treated in emergency rooms for ladder-related injuries every year. The study found that construction and mining industries saw the most fatal accidents involving ladders. The majority of fatal falls involved traumatic head injuries, and companies with the fewest employees ranked highest for ladder-related fatalities. Ladders are essential tools that are found at most workplaces across the country. But when ladders are not used safely, life-threatening work injuries can occur. 4 Most Common Ladder Mistakes According to another study by the Consumer Product Safety Commission (C.P.S.C.), ladder injuries have increased by 50 percent over the last 10 years. Other startling findings from the C.P.S.C. report include: 50% of ladder-related accidents occurred when climbers are carrying items or tools while on a ladder; 700 occupational deaths per year were caused by elevated ladder falls; 32% of injuries from ladder accidents resulted in fractures, the most common type of ladder-related injury. Most ladder accidents can be linked to four common mistakes people make when using ladders on the job: 1. Using Damaged or Worn Ladders It is incredibly dangerous to use old or damaged ladders, regardless of how high you are climbing. Ladders endure an enormous amount of wear and tear in industries such as construction and manufacturing. Overtime, ladder components can become weak and ineffective, causing them to break while workers are climbing. This is especially true for wooden ladders that can warp with exposure to extreme heat and humidity. 2. Selecting The Wrong Ladder There are thousands of options when it comes to choosing a ladder for your workplace. But that doesn’t mean all of them will be appropriate for the job. Selecting a ladder that does not hold enough weight or is too short can allow them to fall or break. Altering ladders to fit the job puts the structural integrity of the device at risk, and further increases the chance of an accident. 3. Incorrect Placement The incorrect positioning of a ladder can lead to disaster before a climber even begins. Ladders placed on uneven or soft ground will not stay straight and sturdy as workers climb. And ladders that are placed in front of unlocked doors or in high traffic areas of the workplace can be knocked over by others walking by. This can be especially dangerous when unstable ladders are left unoccupied, as they can cause traumatic injuries to surrounding workers when they fall. 4. Incorrect Use There will always be people who use tools in ways they were not designed to be used. These human errors result in some of the most catastrophic accidents when it comes to ladders. Examples of using ladders incorrectly include altering a ladder to become longer, standing on the very top step, using ladders horizontally as bridge-like structures, or attempting to move ladders while suspended in the air. Other Hidden Dangers There are several other factors a worksite that can lead to ladder-related injuries. Some include: Weather Conditions: Workers who use ladders outdoors can experience sudden inclement weather conditions that can increase the risk for accidents. Rain, wind, snow, and ice are all conditions known for leading to falls. Ladder Recalls: Defects in manufacturing can lead to the sale of dangerous ladders. In 2018, a recall of over 78,000 Werner ladders was initiated after reports were made of ladders breaking beneath workers. Some of these ladders were up to 26 feet tall. Medical Emergencies: Workers who experience medical emergencies while on a ladder can become seriously injured in the case of a fall. Some workers have been known to experience blurry vision, vertigo, and panic attacks when climbing ladders, all putting their immediate safety at risk. These factors can be hard to predict, but they are not impossible to plan for. Most ladder accidents are 100 percent preventable when precautionary measures and safety measures are used on the job. Preventing Ladder Accidents The Occupational Safety and Health Administration (O.S.H.A.) recommends the following safety steps for reducing ladder-related injuries across all industries: Follow all manufacturer instructions for how to operate your ladder properly; Only use a ladder with the proper weight and height limits you require for the job; Inspect ladders frequently or before each use; Always replace or repair broken and worn ladders; Place ladders on a firm and even service; Make sure all locks are secure and the feet of the ladder are even on the ground; Never place a ladder on top of other objects to extend the length. Use a larger ladder; If available, have a coworker hold the ladder steady from the ground and serve as a spot; and Use fall equipment protection to prevent injuries if a ladder-accident does occur. If you are using ladders outdoors, check the weather for any signs of inclement conditions that could pose a danger to climbers. If you have any health-related conditions that could put you at risk for falling when on a ladder, check with your doctor before performing elevated tasks. New York City and Long Island Personal Injury Lawyers Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving injured workers across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using our past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in a work-related accident, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve
NY Labor Law 240: Scaffolding and Ladder Laws
Nearly 2.3 million construction-related workers spend part of their time on scaffolds each day. According to the US Department of Labor , this represents 65 percent of the industry’s workforce. Scaffold falls contribute to 40 percent of all work-related deaths in the US Many more people suffer injuries and life-changing conditions as a result of these scaffolding incidents. At Siler & Ingber, LLP, our goal is to help you obtain the compensation you are owed after such an event occurs. Construction workers have rights Every worker has the legal right to have a safe place to work. Employers are responsible for providing this type of environment. Construction work environments tend to be the most challenging places to stay safe due to the many risks and dangerous tasks associated with this job. However, there are several laws that aim to protect workers in these situations. In New York, Section 240 of the Labor Law deals specifically with scaffolding and ladder-related falls. This law provides workers with protection against injury and death from falls/falling objects. Workers have the right to recover damages after these types of injuries occur on a construction site. It applies to: Construction workers who fall from elevated platforms (such as ladders, scaffolding, or boards) Construction workers injured by falling objects from any height. New York scaffold law provides some of the most important liability protections for construction workers. Provides coverage where other laws do not. Specifically, this law imposes absolute liability. It applies directly to the owner or his agent in the incident. If a worker falls, suffers damages and losses, and goes to court, the case will focus solely on the amount of damages to be awarded. Challenges of the Scaffolding Law. Because of how intense and absolute this law is, that employees who fall must be compensated, it is one of the most difficult cases to bring to court. These cases are highly controversial and almost always end up in appellate court. For this reason, having a well-established case and an aggressive attorney is critical. What are the requirements of labor law 240? The following requirements must be met before the law can be applied to a case: structures The law does not apply to homeowners or contractors working on one- or two-family homes. Specifically, this law does not apply when the owner does not have control over the work. If the homeowner directs the work and an incident occurs, then the homeowner may be liable. This law applies directly to larger homes (more than three families), as well as all commercial buildings and apartments. Work done to the structure. The law only applies if the work is done on the structure itself and not on other items (such as trees). All types of structures are covered by this requirement, including tunnels, cars, ships, bridges, garages, and buildings. Also, the type of work matters. Labor Law 240 only applies if there is demolition, cleanup, structure construction, alteration, painting, signage, and/or repair. This also includes erecting scaffolding, ladders, braces, and other devices. The law only applies to the construction, not to the decoration, maintenance, or fabrication of the structure. Here are some examples of jobs that do not apply: The installation of Christmas decorations. Cleaning by maintenance staff. Change light bulbs or manipulate the cleaning of the ceiling. Installation of air conditioning filters or other routine maintenance. Inspection of construction works. The Rule of Gravity Labor Law 240 also protects workers from the dangers associated with gravity. In other words, gravity caused the individual or an object to fall. Working at heights where an injury occurs, but not a fall, does not qualify A worker’s thermos falls off the scaffold and is not applied because this instance is the result of carelessness, not scaffold failure. As you can see, these laws are very extensive, and obtaining accountability for them can be challenging. As a result of this, it is important for people to seek the support of an attorney. There are many steps necessary to ensure that you receive the compensation you are owed in scaffolding and ladder injuries. Schedule a FREE Case Review on your NY Scaffolding Accident People who sustain injuries from falling ladders or scaffolding in New York while working may be eligible for compensation. However, proving your injuries and losses can be challenging. For this reason, we strongly recommend that you work with the experienced liability compensation attorneys at Siler & Ingber, LLP. To learn how we will help you receive the compensation you deserve, call us for a free case review at 877-718-6079 or use our online contact form for more information. Related information Labor Law 200 Labor Law 241. Is NYC safer for construction workers than NY State?
Faulty or Unsafe Construction Equipment Injuries
En 2015, en Manhattan, el coordinador de seguridad de un proyecto de construcción que estaba en marcha murió trágicamente cuando el sistema hidráulico de una grúa que funcionaba no funcionaba correctamente. El trabajador fue aplastado entre su camión de plataforma y el auge. Estaba verificando problemas mecánicos con la grúa cuando el auge cayó sobre él. Las estadísticas de la Administración de Seguridad y Salud Ocupacional (OSHA) muestran que este es solo un ejemplo de los muchos tipos de muertes relacionadas con el trabajo que ocurren cada año en la industria de la construcción. En Nueva York, casi el 40 por ciento de todas las muertes relacionadas con el trabajo les suceden a los trabajadores de la construcción. Además de quedar atrapados en el medio como lo hizo el trabajador de Manhattan, los trabajadores se caen de las escaleras y los andamios, son golpeados por objetos e incluso electrocutados. Aunque no todos los accidentes son causados por equipos defectuosos, muchos lo son. Significado del equipo defectuoso Un equipo defectuoso se refiere a una pieza de equipo que tiene algo mal; es defectuoso Cuando el defecto se debe a un error de fabricación de cualquier tipo, el fabricante, y posiblemente el distribuidor, pueden ser considerados responsables y legalmente obligados a pagar daños al trabajador lesionado. El equipo que no se ha mantenido adecuadamente también puede estar defectuoso y provocar una lesión. En casos como ese, el trabajador lesionado puede iniciar una acción por negligencia contra el empleador además del reclamo de compensación de los trabajadores. Ejemplos de lesiones debidas a equipos defectuosos Algunos ejemplos de las cuatro lesiones por accidentes de construcción más comunes debidas a equipos defectuosos y defectuosos, o equipos con mantenimiento inadecuado, incluyen: Caídas: Las caídas son el tipo de accidente de construcción más frecuente. A menudo son causados por escaleras defectuosas, andamios o equipos de seguridad defectuosos. A principios de 2018, cuatro trabajadores de la construcción de San Diego resultaron heridos cuando el andamio sobre el que estaban parados se derrumbó repentinamente, causando que cayeran al suelo. A pesar de que el andamio tenía solo 16 pies en el aire, tres de los cuatro trabajadores sufrieron lesiones graves y traumáticas. Ser golpeado por objetos que caen: aunque un accidente de este tipo a veces se puede atribuir a la falta de cuidado de otro trabajador, es más comúnmente causado por equipos defectuosos. Por ejemplo, un trabajador de la construcción de Boston con experiencia murió cuando una grúa elevada dejó caer una viga de acero de seis toneladas sobre él. El caso está bajo investigación para determinar por qué la grúa funcionó mal. Electrocución: un trabajador simplemente estaba usando un martillo después de una tormenta. El hombre no llevaba las botas de goma proporcionadas por la empresa cuando el cable de alimentación desgastado entró en contacto con el agua de lluvia, electrocutándolo. Este es un ejemplo de las graves consecuencias que pueden ocurrir cuando el equipo no se mantiene adecuadamente. Accidentes atrapados en el medio: Esto sucede cuando, como se indica en el primer ejemplo del trabajador de Manhattan, las piezas defectuosas aplastan a los trabajadores que se quedan atrapados en equipos u objetos. También es bastante común en los almacenes estrechos donde hay montacargas. Un personal puede ser golpeado y clavado en un accidente de montacargas. Demandas de terceros contra fabricantes de equipos defectuosos Si eres un trabajador de la construcción que se lesionó en el trabajo debido a un equipo defectuoso, puedes pensar que la compensación de los trabajadores es tu única vía para cobrar tus facturas médicas y la pérdida de salarios. No es verdad. Cuando tu lesión relacionada con el trabajo se deba a un producto defectuoso, puedes presentar una demanda contra el fabricante del producto defectuoso además de la reclamación de compensación de sus trabajadores. Los fabricantes de equipo de construcción tienen la obligación de asegurarte de que el equipo sea seguro para el uso de los trabajadores. Cuando no cumplen con esa obligación, pueden ser legalmente responsables de su incumplimiento. Las razones para tal demanda son: Un defecto de diseño provocó que el equipo de construcción no fuera seguro. Se produjo un error durante el proceso de fabricación del equipo que no estaba previsto, lo que hace que el equipo no sea seguro. El fabricante no advierte sobre un defecto conocido en el equipo. Abogado experto en lesiones con equipos defectuosos de Long Island Si resultaste herido por un equipo de construcción defectuoso, o si alguien que te importa fue asesinado, nuestros abogados de Long Island en Siler & Ingber, LLP, tienen la experiencia y la dedicación que necesitas para presentar tu reclamo por daños. Hacemos todo lo posible para asegurarnos de que recibas una compensación total a través de la compensación de los trabajadores y las demandas de terceros contra fabricantes y distribuidores de equipos de construcción defectuosos. La ley tiene requisitos estrictos sobre cuánto tiempo tienes después de un accidente para presentar tu reclamo por daños y perjuicios. Si no cumples con la fecha límite, perderás para siempre tu derecho a presentar una demanda sin importar qué tan gravemente resultaste herido, o cuán claro es que tu ser querido falleció debido a la negligencia del fabricante de un equipo. Pónte en contacto con nosotros lo antes posible. Ofrecemos una revisión gratuita del caso.
Construction Accidents Rising
Despite several safety efforts and regulations set into place this past year, construction fatalities and injuries are still on the rise in New York. Every day, construction workers go to work to support their families. Some return home with serious injuries from negligent safety practices- and some are not returning home at all. Construction Injuries Continue to Rise Construction injuries in New York have been on the rise since the building boom in 2014. The year 2018 was a particularly brutal year with accidents and injuries soaring higher than they’ve been in a decade. According to a 2018 article published in Crain’s New York Business, construction accidents last year had already surpassed 2017 totals by October, not even requiring a full 12-months of data collection to see that accidents continue to skyrocket. These are only a few of the most devastating construction accidents in 2018: In November 2018, a construction worker in Brooklyn was crushed to death by debris that fell from the roof of a three-story building. A forklift on top of the building tipped over and sent unsecured debris falling to the ground, directly on top of the man and causing fatal injuries. A scaffolding accident killed a construction worker in July 2018 at a Manhattan worksite. Two of the man’s coworkers were breaking down a scaffolding structure when a beam fell and struck the worker with a fatal blow to the head. A retaining wall collapse in Brooklyn back in September 2018 resulted in one fatality after a man was buried in the rubble. The workers were clearing a foundation below when the wall gave away. Six workers were able to escape- one was not. New York City, which appeared to be doing a bit better than the state overall regarding reduced construction fatalities and injuries, also saw an increase in 2018. Accidents increased 18.4% from 2017 and fatalities rose from four to eight according to the Department of Buildings (DOB), with some areas proving to be more dangers than others. Highest Injury Area in NYC Construction projects increased in all five boroughs in NYC, but not all areas experienced the same increase in injuries and accidents. Manhattan proved to be the most fatal and accident-prone borough last year. Starting in January through July in 2018, 248 accidents were reported resulting in 253 injuries and 4 deaths. The increase in construction accidents and injuries can directly be contributed to the new building boom NYC saw last year, particularly between the months of January and May. Building booms result in more construction sites, more workers, less oversight, and stricter schedules that increase work hours and cause employers to cut corners to get the jobs done on time. Fatigued and overworked employees are already at an increased risk for injuries, but when employers then drop the ball on safety precautions on their worksites, accidents are more likely to happen. Most Common Construction Violations Construction sites are naturally dangerous due to the nature of the work and the equipment required to complete it. Yet, despite safety regulations to help keep workers safe, Occupational Safety and Health Administration (OSHA) spots the same neglectful safety practices on construction sites time and again, ones that lead to hundreds of injuries every year. The most fatal accidents in construction fit under what is called the Fatal Four in the construction industry: falls, being struck by objects, electrocutions, and caught in/between. OSHA can contribute most of these fatal four accidents to the 10 most frequently cited violations: Fall protection. Hazard Communication Standard. Scaffolding. Respiratory Protection. Control of Hazardous Energy (lockout/tagout). Ladders. Powered Industrial Trucks. Fall Protection–Training Requirements. Machinery and Machine Guarding Requirements. Personal Protective Equipment. Past Efforts To Reduce Accidents The steady increase in construction accidents in New York is not a new trend. State officials have been battling the soaring number of construction injuries and fatalities for decades, enacting several laws and regulations in hopes of reducing the hazards leading to these accidents. Past efforts to prevent construction accidents include: Higher fines for safety violations on job sites. More oversight for worksites. More inspections to address safety violations. Safety laws to increase the amount of employee safety training required. One of the most recent laws, Local Law 196, is not having the effect city safety advocates had originally hoped. The law, aiming to set more effective safety training requirements for employers, has seen a number of deadlines pushed back. Even after a year, the Department Of Buildings is having to push back the deadline to complete at least 30 hours of safety training, leaving under trained employees in harm’s way on unsafe worksites. Prevent Future Construction Accidents We know how to protect our construction workers on the job, it’s just not happening enough. Some of the most devastating injuries and fatalities are the result of unnecessary accidents that could have been prevented by using general construction safety tips such as these: Holding frequent safety training meetings. Making sure all safety policies meet the state and federal regulations. Always using personal protective equipment on the job. Never using damaged equipment. Properly training employees on equipment before unsupervised use. Understanding fall hazards and how to prevent them. Inspecting the worksite before, after, and during every shift. Providing appropriate job oversight to monitor safety risks. Knowing the most common OSHA violations and addressing them on the job site. Construction doesn’t have to be deadly. Similar to other industries, construction work can be a safe occupation with the proper safety measures and a tight-knit team committed to keeping all construction workers safe on the job. If you or a loved one has been injured in a construction accident, the law firm of Siler & Ingber is here to fight back for you. Our expert team of personal injury attorneys is experienced in construction law and ready to seek justice against the negligent parties that caused your unnecessary injuries. Contact us today at 1-877-529-4343 for a free case evaluation to review your options.
Trucking Accidents in New York: Regulations, Prevention, and Liability
Vehicle accident fatalities in the United States are on the decline- except when it comes to large trucks. According to a recent report released by the National Highway Traffic Safety Administration (NHTSA), fatal accidents involving large trucks have increased by nearly 10 percent in just one year and all drivers should be aware of the dangers. Trucking Accident Trends Large Trucks Are Killers Large trucks are making roads across the country more hazardous than ever for travelers. Shocking data revealed in the NHTSA’s 2017 Fatal Motor Vehicle Crashes report illustrates an uptick in fatalities resulting from trucking accidents, and the majority of these deaths are occupants of other vehicles on the road. Here are the deadly trends to be concerned with regarding large trucking accidents from 2016 to 2017: Crash fatalities involving large trucks went up by 9%. Tractor-trailer crash fatalities increased by 5.8% Single unit crash fatalities increased by 18.7% A total of 4,761 people were killed in trucking accidents in 2017, a tragic bump of 392 deaths from the year before. While 841 of these fatalities were occupants of the large trucks involved in the accidents, 3,920 of these deaths were other drivers, passengers, and pedestrians on the road- unsuspecting victims just trying to go about their day. Lack of FMCSA Regulation Another important trend to notice in the 2017 NHTSA crash fatality report is that some large trucks are posing more of a danger on the roads than others. The Federal Motor Carrier Safety Administration (FMCSA) which is dedicated to preventing injuries and deaths related to commercial vehicles, believes smaller and unregulated large trucks may be to blame for the death spike. FMCSA has a number of regulations trucks and drivers must follow in order to remain compliant with their safety measures. They use USDOT numbers to track and monitor company vehicles, evaluating their driving habits, compliance reviews, investigations, and audits to help improve the overall safety of the roads. Unfortunately, the FMCSA has a limit to which trucks they have the authority to regulate. The NHTSA data is showing that larger trucks involved in the spike of traffic fatalities may be out of the weight limit to be regulated by the FMCSA, allowing them to continue reckless driving practices that could lead to more fatal accidents on the road. Why Trucking Accidents Are So Deadly There are hundreds of reasons for why a trucking accident could occur, the most common being driver error, inclement weather, poor vehicle maintenance, equipment failure, and improper cargo loading. Regardless of what factors cause these accidents, all crashes involving large trucks have the ability to cause catastrophic injuries and tragically high death tolls based on these three factors: Massive Size: A large truck is defined by the U.S. Department of Transportation as a vehicle weighing more than 10,000 pounds, but some can weigh as much as 80,000 pounds when loaded. Tractor-trailers weigh an average of 35,000 pounds even when completely empty!l In addition, large trucks measure anywhere between 45 to 65 feet long in length, posing a seriously high threat to other vehicles on the road in the case of a collision. Lack of Maneuverability: As you might be able to imagine, large trucks that are this heavy and long are not easy to drive. Obstacles that could be easily avoided by a car on the road can be extremely difficult or impossible for trucks to maneuver around. Trucks do not have the ability to make any quick moves. Attempting to swerve could cause a truck’s trailer to skid out of control, crossing multiple lanes of traffic at the same time. Slow Stops: The heavier a vehicle is, the longer it takes to stop. Large trucks that are trying to avoid obstacles such as other cars who stop quickly will not be able to forcefully stop their massive machines right in place. Experts show it can take a truck well over 500 feet to come to a complete stop- in the meantime taking out everything in its path until it does. How to Prevent Fatal Trucking Accidents When a truck loses control, it’s too late to prevent the disaster that will unfold. However, there are several driving safety steps all drivers on the road can take to help prevent accidents involving large trucks from occurring in the first place: Brake slow and steady. Use your turn signals to give warning of your intentions. Signal early. Be aware of other drivers and their behaviors. Watch for signs of negligent driving- swerving, tailgating, speeding. Avoid participating in negligent driving behaviors. Don’t try to beat the trucks or swerve between them. Stay clear or trucks showing any sign of distracted driving. It’s impossible to control the driving habits of large trucks on the road or even the negligent actions of other cars around these dangerous vehicles. But by using these safe driving tips whenever sharing the road with large trucks, you are doing everything in your power to reduce your risk of contributing to a trucking accident that could result in dozens of serious or fatal injuries. Who Is Liable for a Truck Accident? Determining who is responsible for a deadly trucking accident is not always simple. There are a number of players that could be at fault for any injuries or deaths caused by a large truck that must be considered when considering liability: truck driver trucking company owner of the truck or trailer manufacturer of the truck and parts (tires, breaks, etc.) the loader of the truck’s cargo It’s common for the parties above to battle with one another over insurance payments and liability. No one wants to take the full blame for commercial trucking accidents, especially when they result in fatalities. But among all the finger pointing, the victims of these accidents can often be forgotten, leaving individuals and families wondering if they will ever receive justice for their losses. Long Island Trucking Accident Experts When passenger cars come head-to-head with trucks of massive proportions, they don’t
Construction Industry Safety and Hazards in NYC
An article released last month by the New York Post revealed a disturbing trend in the construction industry- construction accidents are on the rise! Amid a current building boom across New York City, the rate of construction-related deaths have almost doubled and injuries from construction accidents have increased by 17 percent. The most recent construction tragedy occurred back on September 13, 2018, when a worker was killed in a wall collapse while digging for a residential development in Brooklyn. The Construction Industry is Deadly On any given day, almost 6.5 million workers perform their job on a construction site. This is one of the most dangerous industries with one of the highest fatality rates in the country, where daily working hazards can cause severe and fatal injuries in the blink of an eye. In 2017, the Bureau of Labor Statistics recorded approximately 6,882,000 employed American construction workers. Though these workers only account for 4% of the country’s workforce, the industry’s injury and fatality rates are shockingly high. The Occupational Safety and Health Administration (OSHA) reported 4,693 workers were killed on the job in 2016- 21.1% of these deaths were in the construction industry. What makes this line of work so dangerous? The Construction Industry’s Fatal Four Between massive machinery, hazardous chemicals, and dangerous heights, construction provides more opportunities for workers to get injured than in almost any other industry. What can make these work sites even more dangerous is when proper safety measures and equipment are not used that help prevent workers from catastrophic accidents. More than 60% of injuries and fatalities in the construction industry can be traced back to what safety organizations call the ‘Fatal Four’, which include: Falls Struck by Object Electrocutions Caught-in/between When examining the 2016 fatality statistics, the ‘Fatal Four’ took the lives of 631 workers out of a total of 991 total fatalities in the construction industry that year: Falls (384 fatalities), Struck by Object (93 fatalities), Electrocutions (82 fatalities), Caught-in/between (72 fatalities). Common Construction Injuries The National Safety Council (NSC) reports construction is the fifth most dangerous industry in the country, resulting in an average of 71,730 non-fatal construction injuries every year. The top two injuries in construction were back injuries (11,690 cases) and hand injuries (11,200 cases). These and other injuries can range from minor to debilitating, some of the most common listed by Industrial Safety & Hygiene News include: Burns and scarring Head injuries Spinal cord injuries Cuts and lacerations Broken, crushed, fractured bones Amputations Hearing loss Stress injuries Heat stroke Vision loss The longer a worker remains in construction, the higher their chances of injuries become. A construction worker with a 45-year career in the industry has a 1-in-200 chance of a fatal injury and a 75% chance of a disabling injury, and these increase further when employees are working under unsafe or unprotected working conditions. How NYC Employers Can Protect Workers Most accidents in the construction industry are completely preventable by following safety protocols and using the proper protective equipment. While some employers are outright negligent on their work sites, other employers may be genuinely unaware they are putting their employees at risk until after a catastrophe occurs. OSHA encourages all construction contractors and employers to start making their work sites safer by reviewing the most popular reasons for safety violations during inspections: Fall protection failures Not following hazard communication standards Scaffolding violations Respiratory protection failures Lack of controlling hazardous enters (lockout/tag out) Unsafe use of ladders Powered industrial truck violations Machinery and machine guard negligence Lack of fall protection training Improper electrical and wiring methods Employers are responsible for doing their research in knowing the appropriate safety equipment required for each assigned task on the job site. Examples of the most commonly used personal protective equipment in construction include: Hearing protections Protective gloves Face shield (full, half) Goggles for chemical splashes Respiratory protection Fall protection equipment Protective clothing and footwear The construction industry is hazardous enough without accidents caused by lack of safety precautions. Employees can greatly reduce their risks of injuries by wearing the appropriate safety equipment and employers should be providing these for each job. NYC Construction Workers Have Rights New York City construction workers have the right to effective safety measures, training, and protections on the job. If you or loved one has sustained a construction injury due to the negligence of another, our winning team is here to help. For over 20 years, the construction accident lawyers of Siler & Ingber has fought aggressively for the right for NYC construction workers to have a safe and protective working environment. Contact us at 1-877-529-4343 for a free consultation. Related Information NYC Construction Sites Safety Than Rest of State
