NEW YORK, NEW YORK – February 14, 2011 - The two ironworkers who died after a five-story fall down an elevator shaft on a New York church construction site lacked even the most basic fall protection.
Investigators believe Brett McEnroe, 49, and Roy Powell, 51, fell while they were installing steel beams in the elevator shaft and one of the beams gave way or shifted. A representative of the New York City Buildings Department, said it appeared that the workers did not have adequate fall protection, including harnesses, safety netting or a support platform.
New York construction accident lawyer David Perecman wants to remind construction workers and construction companies that safety precautions on construction sites is the law.
For more than 30 years, New York construction accident lawyer David Perecman has represented seriously injured construction workers, as well as workers killed on a construction site because owners and contractors failed to follow proper safety precautions. Perecman has been named one of the “Best Lawyers in America” multiple times.
OSHA’s “Standard for Fall Protection” requires sites to protect employees from fall hazards, one of which requires that anyone working at heights of 6 feet or more above a lower level be provided with fall protection. Employees who may be exposed to fall hazards must also be trained to recognize possible hazards and understand the danger. Construction workers must also be able to demonstrate competency in the use of fall protection systems.
Protection measures can include solutions like full-body harnesses, safety netting, a guardrail systems or a wooden platform. These measures are known to reduce construction site injury.
This recent construction accident brought the number of New York construction deaths in 2011 to three. In all of 2010, there only four construction-related deaths. There were three NYC construction deaths in 2009.
Perecman believes that this construction accident should be investigated further especially since there was a series of violations tied to this building site since late 2009.
Police, the New York Department of Buildings and the Occupational Safety and Health Administration (OSHA) are investigating the tragic construction accident. New York construction accident attorney Perecman is following the story.
A few years ago New York construction accident lawyer Perecman handled a similar case where a construction worker fell. The case was settled for $9, 200,000.
In that case, the construction worker was working at a Bronx, New York construction site when a steel reinforcement bar snapped. Ryszard Lomotowski plummeted 20-25 feet, and landed on his feet. He suffered severe injuries to his legs that resulted in permanent residual injuries and prevented his resumption of work.
According to Perecman, a New York construction accident lawyer with over thirty years of experience in construction-related cases, Mr. Lomotowski’s injuries could have been prevented if the building owner took the necessary steps to protect the workers and adhere to New York State labor laws. Specifically, the plaintiff claimed that the defendants failed to provide rails or a net and a safety line or other equipment that could have prevented his fall. The $9 million verdict for the injured New York construction worker went on record as one of the largest in the state.
“If owners and/or managers of construction sites and contractors violate New York’s strict statutes and regulations that mandate safe construction practices , they may find themselves responsible for the death and serious injury of workers in New York,” the construction accident lawyer said.
“The responsibility of New York construction accident attorneys is to ensure that construction workers are compensated for their injuries. Lawsuits, verdicts and settlements send a message to employers and contractors so that similar accidents may not occur again. In New York, construction accident lawyers atThe Perecman Firm know that a number of construction accident injuries could be avoided if construction site safety precautions were followed.”