CONSTRUCTION WORKER DIES IN BROOKLYN WHEN SCAFFOLD COLLAPSES
In Clinton Hill, a 42 year-old man, Jose Palacios, from Queens, trained as an accountant but working in construction for higher pay, died last month when he fell 12 stories after the scaffolding on which he was standing collapsed, according to the New York Times. A second man, whose name was not released, was taken to the King’s County Hospital in serious condition after falling from the same scaffold to the roof of a garage. Yet a third man was able to jump to safety on the roof. While an investigation is ongoing it appears, according to authorities, that Mr. Palacios was standing on an 18-foot-high tubular scaffold applying stucco when the scaffold collapsed beneath him. Safety netting was not in place when the Brooklyn accident took place, as is required by city law, because the Brooklyn project was nearly completed.
Wind gusts of up to 49 mph were recorded by the National Weather service, and the Department of Buildings had issued warnings to buildings and contractors earlier in the day instructing them to either, secure construction materials and tools, or to cancel work until winds subsided for fear of a dangerous construction accident.
Kate Lindquist, spokeswoman for the Buildings Department, indicated that Clinton Court Development, the Clinton project’s developer, had been cited for six violations last November.
Under New York State Law, employees cannot sue their employers for damages sustained as a result of a New York work related accident. In order to receive reasonable compensation for their injuries, workers must commence lawsuits against parties other than their employer, such as property owners, general contractors, sub-contractors, architects, and equipment manufactures who may be held responsible when a construction site accident occurs. In addition to workers' compensation benefits, additional damages that can be recovered in these lawsuits include pain and suffering, additional wage loss benefits, additional medical benefits and loss of services for the spouse.
If you or a loved one has been injured in a construction accident contact the New York Construction Accident Attorneys at Wingate, Russotti & Shapiro.
UPDATE: Today [2/13/08], the Buildings Department has issued another ‘inclement weather’ warning for the New York area. The National Weather Service predicts gusts of wind up to 29 mph with the possibility of gusts up to 40 mph for the New York City area, and in particular the Lower Manhattan area, on Wednesday. In preparation for the windy weather, the Buildings Department is reminding all builders, contractors, developers and property owners to secure their construction sites and buildings. New Yorkers are encouraged to call 3-1-1 to report non-compliant conditions or 9-1-1 to report emergencies at construction sites or buildings. New Yorkers who suspect a building or property has been structurally compromised should call 9-1-1. Contact: Kate Lindquist/Caroline Sullivan, Buildings Department (212) 566-3473.
