New York Construction Accident Law Blog : New York Construction Injury Lawyer & Attorney : Turley, Redmond & Rosasco Law Firm : Injuries & Scaffold Accidents : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

William Lattarullo being led into court in Brooklyn (courtesy of the New York Times)

His name was Lauro Ortega, and like millions before him, he came to America looking for a better life.  Instead, he died in a trench in Brooklyn, crushed to death in a tragic construction site accident.

Now Mr. Ortega's family, still grieving over the loss of their loved one, has received another harsh blow.  The man accused of  manslaughter in their loved ones death was acquitted of all criminal charges stemming from the incident.

It all started two years ago in March, 2008. Mr. Ortega, an undocumented worker from Ecuador, had been hired by William Lattarullo to dig a foundation for a new coin laundry he wanted to build.  The site for the coin laundry was located right next door to a home that Mr. Lattarulo also owned.

But according to a report in the New York Times, prosecutors said that instead of listening to warnings from other workers and a consultant that the trench Mr. Ortega was digging was unstable, Mr. Lattarulo urged Mr. Ortega to keep digging. As result,  prosecutors say part of the wall from the home collapsed and crashing rubble onto Mr. Ortega, crushing him to death. 

The Brooklyn District Attorney’s position was that because Mr. Lattarulo callously ignored warnings that the site was dangerous, he was guilty of manslaughter, and they charged him accordingly.  Brooklyn DA Charles J. Hynes hoped that convicting Lattarulo would send a message to other New York City builders that ignoring safety at construction sites is risky in more ways than one - it could put them behind bars.   Although the acquittal is a blow to the Ortega family, their fight for justice is by no means over. 

The Ortega family has filed a civil lawsuit  against Mr. Lattarulo.  This is similar to the outcome in the O.J. Simpson criminal case, where O.J. was acquitted in criminal court, but later found liable for millions of dollars in damages in the civil lawsuit.  Let's hope that the Ortega family has hired a top notch construction accident attorney  to prevail in the civil trial.

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Thanks to the always excellent Workers' Comp Insider blog  which brought to my attention this disturbing NY Times article about fake asbestos and lead tests conducted in buildings throughout New York City. Saverio F. Todaro recently plead guilty in federal court to various crimes regarding his falsification of reports.  Click here to see the US Attorney's special web page on this case.

The demolition and construction industry in New York City has always been rife with corruption. Asbestos and lead clean-ups prior to a building demolition can cost millions of dollars, and a "clean" inspection report can be a major time and money saver for contractors. Unfortunately, such "fake tests" expose both workers and children occupying such buildings to cancer causing toxins like asbestos and lead.

The Bloomberg Administration cannot ignore this problem any longer and must get serious about enforcement. Too many of their own officials in the City Buildings' Department are themselves corrupt.   As the Times article details, this may be just the "tip of the iceberg". New Manhattan District Attorney Cy Vance should lead the charge to rid the construction industry of as much corruption as possible.

I am not so naive to think that the rough and tumble world of NYC construction will ever smell like roses, but currently it smells like a cesspool.  We need you, Mr. Mayor, to step up and take control of this situation before the seeds of cancer are planted in more innocent workers.  

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(courtesy of DNA Info/Patrick Hedlund) The Grand Street apartment buildings that were gutted by fire.

The Department of Buildings recently approved the demolition of two buildings in Chinatown, that were were gutted following a recent seven alarm fire on Grand Street. This is a cause for concern since New York City’s regulatory agencies have a poor track record when it comes to ensuring that its demolition sites are safe.

Just look at what happened after the tragic 2007 fire at the former Deutsche Bank tower in which two firemen were killed.  Following that fire, the Deutsche Bank building was gutted and had to be demolished. Although New York law requires that a contractor obtain a permit from the Department of Buildings before it begins a demolition project, when the Occupational Safety and Health Adminstration (OSHA) inspected the Deutche Bank demolition site, it turned up several major safety violations at the demolition site.

In fact, according to an article in the Downtown Express, the problems on the Deutsche Bank demolition site were just the tip of the iceberg.  According to the article, a few years ago, OSHA did 45 site inspections of demolition work in the city. At 38 of those sites, inspectors issued a total of 175 violations. That’s almost 4 violations per inspected demolition site, almost 25 percent higher than OSHA’s average of just over 3 violations per general construction site!

What's worse, I called OSHA and discovered there were even more problems at New York City demolition sites in 2009!  Last year, OSHA did 54 site inspections of demolition work in the city and there were problems at 45 of the sites, for a total of 225 violations, averaging 4.2 violations per inspected construction site. This is simply unacceptable!

Following the major safety problems connected to the Deutsche Bank tower fire, Mayor Bloomberg assigned a working group to investigate how the FDNY and the DOB - agencies which regulate demolitions in New York - were handling demolition, construction and abatement safety. The reason for creating the working group was because a “more comprehensive approach was needed.”

The working group made 10  recommendations, specifically regarding demolition safety, such as that the DOB require additional site safety for buildings that are 25 stories or more, and that the DOB require that site safety managers conduct daily checks of standpipe connections and valves.

I called the DOB and asked them how many of the working group’s 10 recommendations regarding demolition safety have been implemented by the DOB. They said they would look into it, but no comment was received prior to this post.

The point is NY construction accident lawyers  like me can only help so far as obtaining damage awards for construction accidents injured people wish would have never happened in the first place.  The focus of the DOB has to be on accident prevention, and not simply handing out fines which many companies see, sadly, as just one of the the costs of doing business.

I commend Mayor Bloomberg’s office for creating a working group to make recommendations regarding safety at demolition sites in New York.  But making good recommendations can only go so far- the Department of Buildings has to implement them to make construction sites safer.  Based on how OSHA keeps finding serious problems at New York emolition sites, they don't appear to be doing that.

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As reported in today's New York Daily News, Bronx construction worker Jose Jerez was seriously injured yesterday when he fell 14 feet onto a piece of plywood floor while working at the Freedom Tower. The 28 year old Jerez was working on a doorway 100 feet above ground level at Ground Zero. The article did not describe the cause of the worker's plunge and what, if any, safety equipment was provided to him to prevent the fall (perhaps a harness?).

Unfortunately, the story dealt more with the "turf war" between the Port Authority and the FDNY over which agency should respond to such emergencies.  Apparently, the Port Authority  has sole jurisdiction over the former World Trade Center site, and actually prevented Fire Department medical responders from entering the site to help Mr. Jerez..

This is typical of New York City bureaucracy BS!  If the New York City Fire Department medical team responded first, were they supposed to just wait outside the fence to the Freedom Tower while the construction worker screamed in pain?!  Thankfully, I have a feeling that New York's Bravest" wouldn't stand for such silliness and would always do whatever was necessary to aid an injured worker.

This is not the first construction accident fall at the Freedom Tower, and it certainly won't be the last. Click here to follow the ongoing progress of the re-building of Ground Zero in pictures (they have now placed the structural steel up to 20 floors).   Let's hope the Port Authority responds more professionally in the future. 

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The winter of 2010 is turning out to be particularly hazardous to New York City construction workers who regularly work outside or in unheated enclosures. This year's unusually low temperatures, when combined with large snow falls, lingering ice, and frequent downpours of rain, have created a "perfect storm" causing untold numbers of carpenters, iron workers etc. to have accidents on construction sites that would not normally have occurred during a milder winter. 

Just yesterday, Turley , Redmond, Rosasco & Rosasco was retained by a worker who stepped off a hi-lo onto ice that should have been cleared, sanded, or salted by the owner of the property where he was working. Our client fell directly on his rear end and suffered a severely fractured  coccyx bone (more commonly known as the tail bone and almost impossible to repair surgically). His orthopedic doctor at a university hospital said he had only seen such a severe break of the coccyx bone in professional athletes.  He was told he would be out of work for at least six months to see if it will heal on it's own. Otherwise, he will have to consider surgery and Social Security Disability.

The sad part of this story is that this injury was entirely preventable. Our client, along with numerous other employees, had complained to the property owner about the dangerous ice conditions for weeks after the large snow storm earlier this winter. The property owner had piles of salt and sand stacked on the work site, but failed to use it.  It was as if the sand and salt were there just for show!

For his immediate money and medical needs, the worker will have to live on New York workers' comp benefits for the foreseeable future. Luckily, since the property owner was not his employer, we will be able to sue for additional economic damages and pain and suffering.  However, in order to get the client the maximum potential recovery at trial, it is likely that  the client will be waiting for at least a few years. All of this could have been prevented had the property owner simply spread a little sand and salt on the ground! Silly!

In this frigid weather, according to OSHA, there are many things construction workers can do to protect themselves in cold weather. Please remember to dress properly (layers, hats, gloves, Vaseline on your toes before putting on socks), take frequent breaks, and avoid drinks with caffeine or alcohol.  Despite what others might say, a warm cup of "Joe" or a small nip of brandy will only make you colder.  Better to drink a warm sports-type drink.

Finally, there is no better protection than being alert at all times on a construction site. This means getting a good night's rest before working outside the next day in the cold.  Experienced New York construction accident lawyers  know that extremely cold weather and outside work is often times a recipe for unfortunate accidents. Be careful out there! 

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