Stories of how NYC workers die due to unsafe work conditions at job sites are heard by our Bronx Construction Accident Lawyers every day. One of the stories involves a construction worker who tragically died on August 27, 2019, along with several injured co-workers. The worker was on the third floor of new construction located at 94 East 208th Street, Bronx, New York. The third floor was under a framing stage and didn’t have a brace against rotation or lateral movement. They left Concrete masonry blocks on the third-floor deck. The load caused a collapse, where the front half of the third-floor deck fell onto the second floor. As a result of the collapse, one worker died and five others were taken to a hospital.
Following the accident, the NYC Department of Buildings did a full investigation. They discovered why construction workers need Construction Accident Lawyers Bronx on their side. The investigation found that a construction superintendent was not present at the site on the date of the accident. Nor was a competent person present as required under DOB Code. A “competent person” is “one who is capable of identifying existing and predictable hazards. This includes in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees. As a result of this fatal accident, the general contractor got violations. The largest violation was for failing to have a construction superintendent present at all times at the site.
Construction Accident Lawyers In The Bronx Professionals
Construction accidents are more tragic when we realize simple safety measures could have prevented the collapse. A top superintendent can realize the concrete blocks are not to be put on the floor. The concrete blocks can be at a lower level where the floor had adequate support. A superintendent can also make sure the concrete blocks are not on a floor that is lacking proper support.
Labor Laws in New York
These are situations where a worker and his or her family will need to find the right construction accident lawyer Bronx. A construction accident lawyer is familiar with the New York State laws that protect workers. One of those laws is Labor Law §240(1). The law requires building owners and general contractors to protect construction workers from gravity-related risks. Here, the unfinished floor’s collapse is a situation where Labor Law §240(1) applies. The law requires the owner to provide shores and braces underneath the third floor to prevent its collapse. At a construction site, when a heavy load is on an unfinished floor, it can cause a collapse. Workers can fall from height and become injured. The building owner and general contractor are statutorily liable for the worker’s injuries.
A construction accident lawyer would prove the lack of proper supervision as a violation of Labor Law §240(1). The recent fatal accident showed, a supervisor was responsible for workers’ safety. Supervisors need to be at an unsafe construction site to ensure that heavy materials are not on the floor. The general contractor’s clear lack of concern for workers’ health and safety at this site is certainly disturbing. It is situations like this that our firm fights for our clients to prevent them from continuing.
If someone you know has been the victim of an accident, please reach out to our Bronx Construction Accident Lawyer for a free legal consultation.