Howard R. Sanders, Esq.Manhattan Construction Accidents Attorney | NYC Motor Vehicle Accidents Lawyer2024-02-22T06:24:24Zhttps://www.injurylawofnewyork.com/feed/atom/WordPressOn Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=481012024-02-08T16:18:49Z2024-02-08T16:18:49ZAutomating tasks and observing others
Some work is prohibitively difficult to complete with simple tools and machinery. However, more complex equipment powered by AI could potentially perform skilled work, such as welding at a significant elevation, all without a worker physically present in unsafe conditions.
Additionally, AI can help provide monitoring that could save workers' lives when they are in dangerous environments. The use of camera systems monitored by AI could help identify when workers need help or emergency medical care. Monitoring systems could also help detect situations in which workers might need to evacuate, such as a fire stories below the job site or an approaching storm.
Analyzing data to uncover trends
I can also help find commonalities between different situations where workers get hurt or die on the job. AI could potentially connect seemingly unrelated incidents and help businesses find trends in the situations that put employees in the hospital or cost worker lives.
Additionally, AI could prove helpful when analyzing construction plans and blueprints to help catch mistakes made by human engineers that could lead to unnecessary worker or occupant risk in the future. AI analysis could make construction more efficient and also more sustainable. As companies begin to embrace AI as an assistive tool for project safety, the rate of workplace tragedies could very well begin to drop in one of the most dangerous professions.
Understanding how advances in other sectors, like AI, could protect construction workers might lead to a safer future through the earlier adoption of useful technology.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=480952023-12-07T11:14:28Z2023-12-07T11:14:28ZFamiliarize yourself with the components
The better you understand the components of your fall protection harness, the easier it will be to spot a problem. Take the time to learn more about the webbing, stitching, hardware and overall structure of your harness so that you feel comfortable that you know what everything should look like when it’s in good working order. Make sure that the tag that identifies the model, manufacturer, instructions and warnings is in place.
Look at the fall indicator
Fall indicators are visual cues that are activated when a certain amount of force has been applied to the harness – equivalent to what the harness would experience if its wearer fell. Make sure that you identify the fall indicator on your harness and examine it before each use. When a harness has been in a fall, it needs to be removed from service immediately.
Examine the webbing
Grab the webbing of your harness with both hands and bend it so that you can easily see signs of wear, such as cuts or tears in the material, broken fibers, fraying, hard or shiny spots that indicate heat damage, uneven thickness in the material, missing straps or material that’s stretched out. All of these are signs that the harness must be retired.
Inspect the stitching
The stitching, too, needs to be examined both visually and through touch. Look for the same basic problems mentioned above with the stitching, and examine the stitches themselves to make sure none are loose, missing or pulled.
Scrutinize the hardware
Finally, make sure that the hardware is all in place, and look for signs of trouble like broken grommets, rust, corrosion, twists, bends, broken springs or signs of modification by another user. If you have any doubts, don’t use it.
Despite your best efforts, an injury in a fall is still always a possibility. If it happens to you or your loved one, it may be time to explore your rights and options under the law by seeking legal guidance.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=480832023-10-10T12:52:52Z2023-10-10T12:52:52ZVR can help identify and eliminate certain risks
When used properly, VR could potentially help address multiple known safety risks for construction firms and their employees. One of the best uses of VR for construction site safety would involve its use to analyze blueprints and the proposed stages of a project. Sometimes, issues with the design of the building or with the schedule for work on the project will come to light during a VR analysis of the process.
A VR projection could also eliminate certain hazards, like a property owner bringing prospective buyers or clients to the facility while the work is underway. VR could allow someone to show the space without physically bringing people to a construction site. It could also help improve client satisfaction by giving them a better idea of what the finished project will look like. Companies could also use VR environments to help train their workers. From training on specific safety gear to the proper use of forklifts, VR can provide a hands-on training module without the risk involved in training someone on an active construction site.
No technology fully eliminates risks
No matter how much an employer prioritizes worker safety and utilizes cutting-edge technology, there will always be hazards on a construction site. Workers therefore need to know about the safety regulations in place for their protection and their rights should an incident occur.
Frequently, injured construction workers can file a workers' compensation claim that can help pay for their treatment and at least some of their lost wages if they require time away from their jobs due to injury. Pursuing a workers' compensation claim is often the best option for a worker hurt on a construction site, as there is no way to eliminate safety risks entirely.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478922023-08-02T16:20:57Z2023-08-02T16:20:57ZTwelve people, including several construction workers, were injured.
Although they probably don’t feel like it, they were lucky. All of the injuries were described as “not life-threatening,” so the incident could have been far worse. In fact, the odds of dying in a construction accident in New York have been steadily rising.
The national fatality rate dropped, but New York’s rate rose
According to the latest by the New York Committee for Occupational Safety and Health (NYCOSH), 12.1 construction workers out of every 100,000 in the state died in work-related accidents in 2021, which is a 9% increase over the death rate in 2020. By comparison, the nationwide average for on-the-job construction worker deaths was only 9.4 per 100,000 in 2021, which is a decrease of 2.2% over 2020’s death rate.
The situation is even more grim when looking at New York City alone. For construction workers here, the fatality rate has gone up by a whopping 60% between 2020 and 2021 alone – and that’s despite efforts to force property owners and construction companies to do better.
Carlos’ Law, for example, recently raised the fines for employers who are found criminally negligent in a worker’s death. In misdemeanor cases, the fine went from a mere $5,000 to a minimum of $300,000, while felony-level fines went from just $10,000 to a minimum of $500,000 – with the overall goal being to hurt the wallets of companies that want to prioritize profits over worker safety.
Unfortunately, the reality is that many construction companies and developers know that safety inspections are hampered by a lack of funding for the Occupational Safety and Health Administration, so many act with impunity – until someone dies.
If you have been injured in a construction accident or a loved one was killed in this way, workers’ compensation is not your only option for financial recovery. New York has unique laws that make it possible to pursue a personal injury claim over a construction accident, which can provide your family with the financial stability it may need after incurring such a loss. Consider seeking legal guidance for additional clarity and support.
]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478872023-06-03T23:46:04Z2023-06-03T23:46:04ZThe Brooklyn incident that’s making waves in construction circles
It’s been almost five years since a 47-year-old immigrant laborer was killed in a building collapse after the on-site contractor ignored warnings of imminent danger, failed to follow the design plans approved by the Department of Buildings (DOB) and ignored safety regulations. That contractor has now been convicted on a host of charges, including criminally negligent homicide.
While such prosecutions are rare, many think they shouldn’t be
Employers and contractors have a legal and ethical responsibility to prioritize safety by implementing robust safety protocols, providing appropriate training, ensuring compliance with regulations and conducting regular inspections to mitigate potential hazards.
Many contractors don’t or won’t do their part – and raising the stakes over such failures may be the only way to get their attention. Indeed, prosecutors are increasingly aiming to hold individual bad actors criminally accountable for their reckless or purposeful behavior – and the new “Carlos’ Law” that was recently signed into being will also make the civil penalties financially painful for negligent companies. Gone are the days when a construction worker’s life could be measured by a mere $10,000 fine.
Worker safety is a shared responsibility that involves contractors, supervisors, employees and regulatory agencies. By fostering a culture of safety and holding those responsible for their misconduct accountable, the construction industry can work towards reducing accidents, injuries and fatalities.
In addition to criminal consequences, contractors and companies involved in fatal accidents may face civil lawsuits from a victim’s family members who are seeking compensation. These lawsuits serve to provide financial support and hold responsible parties liable for the loss of workers’ lives and the emotional and financial burdens endured by affected families.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478852023-04-06T22:48:13Z2023-04-06T22:48:13ZWhat does Carlos' law do?
The law takes its name from Carlos Moncayo, who was only 22 when he died in a preventable construction accident. Sadly, the employers who endangered him did not face any major consequences for his death, which inspired people to push for legal reform. The financial incentive to prioritize worker safety just wasn't sufficient under existing state law.
These companies all too often view the cost involved in providing training and safety equipment as too expensive. The executives of such firms have been able to minimize their losses when a worker suffers severe injury or dies because of the state rules on criminal corporate liability. Even if the state brought charges against the company after an incident, the costs would often be low enough to allow companies to dismiss them.
At its most basic, Carlos' Law increases the potential criminal corporate liability of businesses involved in construction projects. Affected parties can now potentially pursue claims of up to $500,000 thanks to expanded compensation rights under Carlos' Law. The increased financial risk involved for construction firms will likely motivate many people to better manage their businesses and listen to their workers.
Workers must understand their rights to take action effectively
Many construction workers and their families don't fully understand the laws that protect them at a federal level and also New York state laws that seek to reduce their job-related risks. Learning more about the laws that protect people from construction work injuries with the assistance of a legal professional can benefit those who have committed themselves to a career in this relatively dangerous profession.
]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478842023-02-08T21:06:05Z2023-02-08T21:06:05Zhazards can result in major injuries for a construction worker.
#1: Scaffolding hazards
Scaffolding must be properly inspected before each shift. Injuries and fatalities from scaffolding that New York has a special law that’s known as the Scaffold Law to address these issues. It’s contained in New York State Labor Law § 240 and 241.
#2: Improper equipment usage
All equipment must be in good condition before it’s used. All workers who use the equipment must be trained in the proper and safe usage of it. All workers should be aware of large machinery moving around the construction site.
#3: Trench collapses
Trench collapses are serious matters because workers can become entrapped and die if there’s a collapse. Excavation risk assessments can help to prevent workers from being placed in dangerous situations when they enter a trench.
#4: Electrical risks
Electrical risks stem from many different hazards on a job site. Frayed cords on power tools and overhead powerlines are two primary issues. All workers should check cords before using any equipment. If there are frays or breaks, the equipment should be placed out of service until it can be properly repaired or replaced. Additionally, they should always know where overhead powerlines are located so they can avoid contact with them.
#5: Inhalation hazards
Several things are inhalation hazards in the construction field. Contact with dust can become problematic, as can exposure to other substances, such as asbestos. Respirators and other personal protective equipment may help to prevent problems from occurring.
Injured construction workers should ensure they get the medical care they need. Workers’ compensation coverage should provide medical benefits that make this possible. Other benefits might also be present for workers who can’t come back to work quickly. Working with someone who’s familiar with these matters is beneficial because they can assist you with getting what you’re due.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478802022-12-23T19:03:04Z2022-12-23T19:03:04ZHow the Scaffold Law works
Essentially, New York's Scaffold Law or Labor Law Section 240 makes the owner of a building responsible for any gravity-related injuries that would impact professionals helping to erect or maintain their edifice. When a building owner hires a construction company to work on the property, that business may ultimately be the one with liability should any workers get hurt. Either the property owner or the general contractor who hires subcontractors may have liability for gravity-related injuries.
It will be necessary to erect scaffolding, provide ladders and otherwise ensure that workers can do their jobs safely when there is any elevation involved. Those who get hurt because they fall, because scaffolding collapses or because materials or tools fall from an elevation and strike them may have grounds to ask for compensation for their medical costs and lost wages.
Height-related injuries can cause major consequences
When a worker falls from a significant elevation, they will potentially suffer injuries that require expensive medical care. In addition to their treatment costs, they may have lost wages from when they are unable to work. Some people will never be able to return to the same profession they once enjoyed after calling from a significant elevation, which may mean they need to make a sizable claim for lost wages and benefits after a gravity-related incident at work.
Building owners, employers and insurance companies are often very aggressive when negotiating compensation for gravity-related injuries. Hurt workers need to know their rights if they expect to secure compensation as permitted under New York State law. Knowing how the law protects you after a construction-related injury can help you move on with your life and continue to support your family.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478622022-10-08T16:05:06Z2022-10-08T16:05:06ZInjured workers may need additional support
Although workers' compensation does cover 100% of an employee's necessary medical expenses, wage replacement leaves much to be desired. Especially in the construction industry where workers command competitive wages, disability benefits may fall far short of what an employee really requires to pay their bills.
In a situation where a worker has more expenses than they can recoup through workers' compensation, a third-party lawsuit could be a viable option. New York law creates liability for businesses and property owners when a worker gets hurt in a gravity-related incident. There could also be a business that manufactured a defective tool or an individual who drove while drunk and knocked over scaffolding, causing your injury.
When there is a business or a specific person who caused the workplace incident that left you injured through negligence or illegal activity, you could potentially file a civil lawsuit against that party to recoup all of your losses not covered by workers' compensation.
Maximizing what you receive often requires support
Whether you need to negotiate a lump-sum settlement for your workers' compensation claim or to take action against a tool manufacturer or a building owner, getting proper support can make a big difference for your financial future.
Not only can the workers' compensation claim process be complicated, but negotiating with a liable party and preparing a lawsuit will be very difficult for the average person to manage. Partnering with an attorney to get compensation for your construction injuries can help you get benefits and potentially pursue a civil claim as well.]]>On Behalf of Howard R. Sanders, Esq.https://www.injurylawofnewyork.com/?p=478602022-08-09T19:32:34Z2022-08-09T19:32:34ZEducate yourself about your rights
Did you know that there are laws protecting you, including specific regulations established and enforced by the Occupational Safety and Health Administration (OSHA)? From providing training and fall prevention equipment to shutting down work in certain weather conditions, there are rules and safety guidelines that your employer should follow.
You need to know those guidelines and also your rights if you want to protect yourself on the job. One of your most important rights as a worker is the right to refuse to work when the situation is unsafe or involves something illegal.
Keep your own documentation
If you want to convince your employer or regulatory agencies about how unsafe the job site is, you need documentation. Notes written in a pocket notebook about individual occurrences, including the time, date, location and the people involved can help. So can cellphone pictures and video.
Even company emails or text messages telling you to work without safety equipment could be important documentation. Your documentation can help convince your employer to act or can help you build a case if you have to go to court. Communicate with your co-workers during this stage if possible, as they may be aware of additional violations or other examples and can help you gather compelling evidence. More voices can have a stronger impact than one person speaking up.
Know when you need outside help
If your employer is uncooperative when you bring up your safety concerns or if they retaliate against you for your complaints, you may need to secure professional help to protect yourself and your rights.
When you hire a lawyer, it can let your employer know that you are serious about standing up for your safety rights and compel them to reconsider the matter. If they do not act to protect you and your coworkers, your attorney will be in an excellent position to help you prepare for civil litigation if necessary.
Taking the right steps when you worry that job safety violations will put you at risk will protect you as a construction industry employee who shouldn't have to accept unnecessary danger just to get a paycheck.]]>