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.

• Email This
• Print
• Comments
• Trackbacks

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.  

• Email This
• Print
• Comments
• Trackbacks

(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.

• Email This
• Print
• Comments
• Trackbacks

(Courtesy of  The New York Times) The Lower East Side excavation site and the day care center next to it that was damaged by construction work.

I'd like to offer a heartfelt thanks to a contractor called Central Construction Management of Queens. This company has been doing excavation work at 265 East Houston Street  in New York's Lower East Side, where the owners of that property plan to erect a new eight story residential building. The excavation work was occurring right next to an old four story building which houses a day care center for 2-6 year olds- and can accommodate 80 children.

Recently, when the day care center was closed, workers at the site were drilling holes to put in foundation supports (pilings), and alarms went off telling them that there was a problem at the neighboring building. Luckily, the contractor did the right thing and immediately notified the NYC Department of Buildings (DOB). Upon later inspection, it turns out that while doing the drilling, the contractor had accidentally "compromised the structural integrity" of the building housing the day care center, according to the Department of Buildings.

The good news is that no one was hurt. The DOB put a stop work order into effect at the excavation site, and the day care center has been closed and will not reopen until the structural problems at its building are fixed. In this case, credit is due to the contractor for contacting the DOB immediately upon realizing they may have caused damage to the neighboring building.

Doing excavation and/or demolition work next to a old building is a daunting task, which needs to be closely monitored by the DOB. This general contractor stepped up and informed the DOB that they may have damaged the neighboring building- potentially averting a horrible tragedy in which innocent children could have been hurt or worse. Unfortunately, not all general contractors have the same integrity as Central Construction Management of Long Island City.

It is not enough to leave the safety of the general public, our workers, and in this case our children- in the hands of construction contractors. The DOB has to step up it's construction accident prevention efforts on projects to prevent potential tragedies.  Construction accident lawyers like me can only provide monetary compensation for injuries our clients would have much preferred never having. Most New York City building contractors treat construction accident lawsuits and workers' compensation claims as simply the cost of doing business, which is a sad commentary on the entire construction industry. 

More needs to be done by the NYC Department of Buildings to prevent construction site accidents, and soon, because next time New York's children may not be so lucky.

• Email This
• Print
• Comments
• Trackbacks

(Photo Courtesy of the New York Daily News)  Emergency crews rescue man trapped in rubble after Brooklyn building collapses.

I'm glad to hear that New York City's Department of Buildings (DOB) is investigating the recent collapse of a three story building in Brooklyn.

Although there were no fatalities, it was a serious accident, with dust and debris flying into the air as the Williamsburg property crashed into the ground. Four people were injured at the site where the Conselyea Street building was being renovated, including one construction worker who was trapped in the rubble for twenty minutes before being pulled out by emergency services. The seriously injured worker was rushed to Bellevue Hospital where he was reportedly in stable condition.

The DOB says it plans to issue fines against the contractor - Brooklyn based China Perfect Construction - for building code violations in connection with the accident, as workers at the site may have removed a necessary support beam.  China Perfect advertises itself on it's website as "setting it's prices 20% less than other general contractors".   Is this a "you get what you pay for" situation"?

"Contractors must be held responsible for their work and in this case it appears that critical supports to the building were removed," said  a DOB spokesman in an interview with the New York Daily News. "Violations with monetary penalties will be issued." That should make a big difference?!

Although it is commendable that the DOB will likely fine China Perfect Construction and the Chief Engineer on the site, they shouldn't pat themselves on the back yet.   About a year ago, the Department of Buildings issued a violation after they received a complaint that there were cracks in the exterior of the same Conselyea Street Building. Yet, according to public records, the contractor didn't receive so much as a slap on the wrist.  

The time for the New York City Department of Buildings to take action is not after tragedy strikes - but before construction accidents occur.  Issuing a paper violation and not handing down a fine- like the DOB has done in the past to China Perfect Construction isn't an effective deterrent to prevent  future accidents. The DOB also has to take more steps to ensure that there are no more people like its corrupt former chief crane inspector breaking the law within its own ranks.

The emphasis of the NYC Department of Buildings must be to prevent construction site accidents, not simply fine general contractors.  Fines inevitably just become a cost of doing business for such contractors, even when such costs are tinged with the blood of innocent workers.

• Email This
• Print
• Comments
• Trackbacks

Courtesy of the New York Post. NYC's former top crane inspector pleads guilty to taking bribes
 

Shame on you.  That's all there it to say to New York City's former top crane inspector. On March 24 , 2010, 61-year old James Delayo plead guilty to pocketing over $10,000 in bribes and selling the safety of his city's residents up the river.  He admitted he repeatedly sold answers to the "crane-operator licensing test" , and even sold the licenses themselves!

Although the bribes were relatively small, the risk this so-called "public servant" exposed the general public to was enormous, since as a result of his greed, Delayo put many people who had never honestly passed the city's crane-operator test behind the controls of NYC's largest construction cranes - cranes measuring 200 feet tall and weighing fifty tons!

According to prosecutors, Delayo's partner in crime was a Long Island based crane company called Nu Way Crane Service, and that he provided that  company with advance copies of the crane operator's exam for three thousand dollars.

Delayo's scheme was uncovered  by the Manhattan DA's office who had been investigating a series of deadly construction accidents involving giant cranes-- such as the one on March 15, 2008 which killed 7 people and destroyed a townhouse on Manhattan's Upper East Side, and another accident where two people were also killed in New York City as a result of giant crane crash.

This is not the first time new Manhattan District Attorney has thrown the book on people who break the law in the construction industry. Earlier this month, DA Cyrus Vance Jr., charged the owner of a crane rental company with manslaughter for his role in a deadly crane accident on East 91st Street in New York's Upper East Side. The DA Vance's recent crackdown on illegality in the construction industry is a big step in the right direction. 

This is especially true when it comes to public officials like Mr. Delayo, who are morally and legally required to hold themselves to a higher standard than ordinary folk. The City of New York not only paid Mr. Delayo's salary; its residents trusted him to protect them.  Delayo repaid them by selling out their safety for a few extra bucks. Mr. Delayo will be sentenced in May and is facing from two to six years in jail.  Even New York's best construction accident lawyers  cannot protect the public from this type of criminality. 

Perhaps when he is behind bars, Mr. Delayo will have time to consider that he has not only broken the law, but betrayed the very people he was hired to protect.

• Email This
• Print
• Comments
• Trackbacks

photo courtesy of the Associated Press

Kudos to the new Manhattan DA for getting this one right.  Manhattan District Attorney Cyrus Vance has filed serious criminal charges  against the owner of a Manhattan construction company that he says put a defective crane into service.

In May 2008, Donald Leo was operating a crane at a construction site on New York's Upper-East Side when it snapped and crashed into an apartment building on 91st Street, killing Leo and a construction worker. The giant crane had been rented by a developer from a company owned by James Lomma of Staten Island.

Now, Lomma has been charged with manslaughter and criminally negligent homicide in connection with his role in the tragedy - charges which can result in 20 years in prison. In the indictment, Manhattan DA Vance says that Lomma knew an essential part of the crane was defective. But Vance says that instead of paying for a proper replacement part, Lomma used a much cheaper part built by an unqualified Chinese company. In his indictment, Vance says that the company even warned Lomma that the makeshift repair wouldn't hold, but Lomma rented the machine anyhow!

And to add insult to injury, this collapse happened just two months after another fatal crane collapse on East 51st Street that also involved a crane rented from one of Mr. Lomma’s companies. Seven people died in that crane collapse, but Mr. Lomma was not charged.

The 64 year-old Lomma – owner of the New York Crane and Equipment Corp - could serve the rest of his life behind bars.

But even that hefty price is still no match for the suffering faced by the families that lost their loved ones—men who innocently went to work one day and never came home. It's often the case that construction company owners who break the law just get sued under for negligence under New York Labor Law 241(6). They don't usually face criminal charges - which is certainly a much stronger deterrent.  Thanks to DA Vance's indictment, that might be changing now.

The goal must be increased worker safety and preventing future fatal construction site accidents.  

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

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! 

• Email This
• Print
• Comments
• Trackbacks

As winter approaches with ice and freezing rain, I am sure that that more carpenters and other workers on construction sites will be calling our offices with ladder accidents. Unfortunately, for those construction workers who have work during the winter, their jobs become doubly dangerous.

Last Friday in Suffolk County Supreme Court in Riverhead, our trial attorneys settled a case involving a construction worker who slipped off a ladder and broke his ankle for $900,000.  Our client was working on new construction at a local school district at the time of the accident. We had already wrapped up the workers' compenstation portion of his claim and taken care of all his past medical care.

Of course, this was not the "run of the mill" ankle fracture. It was the far more serious trimalleolar fracture  involving all three bones of the ankle, the tibia, fibula and talus (see diagram above). This is a very unstable fracture and requires surgery involving the placement of multiple surgical screws in the ankle joint, as it did in this case (see x-ray below of trimalleolar fracture with screws). Unfortunately, due to this injury our client was never able to return to his career as a union carpenter.

The thing that makes this case even more significant was that such a high settlement amount was negotiated in the normally very conservative Suffolk County, New York.  Suffolk County is still New York State's largest agricultural county, and juries tend to be more conservative than those we see in the Bronx or other NYC boroughs.

The case was settled during jury selection and like any good poker player, our trial attorney held on to his cards until he got the client the number he wanted.  Our client never expected such a large recovery from his lawsuit, and he and his wife were quite pleased to say the least.

As winter approaches, all workers on construction sites should be extra careful when climbing and descending ladders. One wrong step could end your career in construction.  

• Email This
• Print
• Comments
• Trackbacks

Scary story by Reuven Blau in yesterday's New York Post about stalled construction projects throughout NYC causing debris to rain down on innocent pedestrians. So far this year, at least 15 pedestrians have been hurt by falling construction debris.

Apparently, due to the economic slump, many mothballed construction sites are now either being demolished or shored up with emergency scaffolding sheds at triple the rate of 2007 to prevent accidents. The city has created a special five person inspection team to investigate the growing problem. Such dangerous conditions could lead to injured workers or pedestrians to file a lawsuit under Labor Law 241(6).

Like many of you, I frequently walk through the constant maze of ongoing hi-rise construction jobs in Manhattan. Until everything is shored up properly, maybe we should all be walking on the other side of the street if possible. Be careful out there!

• Email This
• Print
• Comments
• Trackbacks

The criminal "racketeering" type charges against a major New York concrete company "shook the foundation of the city's construction industry".

According to an AP News story yesterday, Testwell Laboratories, Inc. and three of it's executives go on trial today for "enterprise corruption" for allegedly faking concrete strength tests at Ground Zero, the new Yankee Stadium, the Jet Blue Terminal at Kennedy Airport, the Second Avenue Subway and almost 100 major construction projects throughout NYC.

"The charges of faking test results cast doubt on a technical but important part of building in a city of subways and skyscrapers. Despite its bland look, concrete is carefully tailored for different uses and sensitive to variations in ingredients, storage and other factors, making testing a necessity, said Christian Meyer, a Columbia University civil engineering professor who specializes in concrete technology."

Every day New York City construction workers are hurt due to defects in concrete on the work-site. Let's hope that the failure of Testwell to do the right thing does not result in future injuries or death on some of New York's' biggest construction projects, including the current building of the Freedom Tower on the World Trade Center site.

Be careful out there! 

• Email This
• Print
• Comments
• Trackbacks

I will be lecturing to other trial lawyers next Friday, November 20, 2009, at a full day seminar sponsored by the New York State Bar Association entitled  "Handling Tough Issues in a Plaintiff's Personal Injury Case ". 

I was asked by my good friend and colleague Russell Corker  to specifically discuss new case law that may help construction accident lawyers to significantly reduce workers' compensation liens which need to be paid back at the end of a construction accident case.  

Often times, injured workers are not told upfront by their construction accident attorney that any money they receive and the cost of medical care from workers' compensation will have to be paid back to the workers' compensation carrier at the end of any civil lawsuit  arising out of the same accident.  Luckily, for those who know the recent changes in the law as a result of the Court of Appeals decision in Burns v. Varialle, such "liens" can often be substantially reduced, if not eliminated, by having the workers' compensation insurance carrier  pay a portion of the worker's legal fees. 

If you are an injured construction worker, wouldn't you like to effectively pay less than the standard 1/3 legal fee? It can be done if handled correctly. This seminar will teach other lawyers how to protect their clients rights in negotiating a reduction of the lien and preserving their client's right to future workers' compensation benefits.

• Email This
• Print
• Comments
• Trackbacks

It was on of the worst construction site accidents in New York City in recent memory. On March 16th of last year, a high rise crane towering over an upper East Side construction project collapsed  raining steel and concrete on the workers below. Five construction workers died, and many more were seriously injured.

Turley, Redmond, Rosasco & Rosasco, LLP represents one of the more seriously injured construction workers.  When insurance companies are faced with huge financial exposure after such accidents, they bring out their "big gun" lawyers to defend the sometimes catastrophic injury claims. Because seriously injured workers often require medical care and have pain and suffering for life, it is a strange and unfortunate legal reality that these claims are often worth more than the claims brought by the families of those who died.

In a bruising battle with the insurance company handled by one of our best trial partners, which included pre-trial motions, depositions, extensive witness preparation and an eventual multi-day trial, we were able to convince a trial judge that our client was entitled to a substantial monetary award and ongoing medical benefits for life.  Although our client will never work again in his profession and will have to live with his ongoing pain, he and his family are now protected from financial ruin.  

• Email This
• Print
• Comments
• Trackbacks

Turley, Redmond, Rosasco & Rosasco, LLP is pleased to announce the launch of our new New York Construction Accident Law Blog.  As our banner above indicates, we will provide valuable information, insights and support for injured construction workers throughout New York State. As part of this public service, we will be providing you with updates on New York's special laws which protect construction workers, namely New York State Labor Law 200, Labor Law 240 (The Scaffold Law) and Labor Law 241(6) .

Every day workers are seriously injured on construction sites due to Owners, Employers and General Contractors failing to provide adequate safety equipment and protections to their employees. We will be updating this blog weekly with helpful information for injured construction workers. You can subscribe easily by either email notification or RSS feed located on the left side column of this blog. This way you will be automatically notified of new and breaking information that may be useful to you. We will also be providing on the left side a number of useful and 'must read"  links to informational resources for injured construction workers. We are still buliding additional information for the blog, so check back frequently for new features. 

The lack of adequate safety on construction sites is an ongoing problem as builders cut corners to save money. We offer this site as a public service to educate and give support to workers injured on construction sites. As part of this educational process, we welcome you to post general "comments" or "questions at the end of any of our blog posts.  If you prefer to ask specific questions about a specific case in a confidential manner, we strongly suggest that you contact us Toll Free at 1-888-9HURTWORKER (1-888-948-7896). Ask to speak to Troy Rosasco, Senior Partner, at extension 123.

Thankfully, New York State law provides special legal rights, beyond workers' compensation, to many construction workers depending upon how they were injured. The attorneys at Turley, Redmond, Rosasco & Rosasco know these special laws and the fact patterns to which they apply. Many other personal injury lawyers, who may also be handling automobile accidents, medical malpractice, class action or trip & fall cases, can honestly miss potential claims you may have causing you to lose significant money damages for you pain and suffering. Because we have been handling construction site accident cases every day for over 20 years, we will not miss any potential lawsuit you may have and we will advise you of your rights.

Thank you for visiting our new blog and we look forward to serving you, the injured construction worker, in the future.

• Email This
• Print
• Comments
• Trackbacks