New York Injury Talk Blog

A 17-year-old boy working at a New York City doughnut shop suffered fatal injuries after falling into an open cesspool as he was taking out the garbage. According to a news report, police pulled the teen from the cesspool and took him to the hospital. He was pronounced dead shortly thereafter.

Cesspools are where waste from sinks and toilets are collected. They are normally covered by a manhole. In this incident, however, there was no cover. There is no word yet as to why the manhole cover was missing, and who is to blame for this tragic death of a teenager. Sadly, cesspool deaths are not a rare occurrence in Long Island. Back in 2001 a man died in his backyard in Huntington when a cesspool caved in under him. In 2006, a 76-year-old woman fell into a 10-foot deep cesspool in her front yard. In June 2007, a man died in Deer Park while driving a lawn mower after he fell into a cesspool.

In cases where injuries or fatalities occur on the job, employees or family members of an employee are provided New York workers’ compensation benefits. However, in addition to claiming these benefits, victims or their families can also file a personal injury or wrongful death claim against the negligent party who is directly responsible for the injuries or death. This, in many cases, could be an entity other than the employer, such as the city, or those in charge of maintaining roadways.

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A sanitation worker in Queens suffered fatal job injuries in Astoria when he was struck by a tractor trailer. The 41-year-old man, who was an 11-year veteran of the Department of Sanitation of New York, had just collected trash near the intersection of Ditmars Boulevard and 35th Street when the truck hit and killed him, according to a news report in the Queens Courier. The worker was transported to an area hospital where he was pronounced dead. It is not clear what caused the truck to strike the worker.

This is no doubt a tragic accident. However, in vehicular accidents that are caused by someone else's negligence, an injured victim or a deceased victim's family could file a personal injury claim or wrongful death claim against the at-fault party. When a person is fatally injured on-the-job, his family will be entitled to New York workers compensation benefits. However, in cases where a third party is involved, the family can also file a claim against that negligent party.

Continue reading "Fatal Accident Claims the Life of New York City Sanitation Worker" »

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Posted In: Personal Injury , Truck Accidents , Workers Compensation , Workplace Injuries , Wrongful Death

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A Jackson Heights worker was killed in a New York construction accident after he fell from scaffolding while working on an elevator shaft in a Manhattan building. The New York Post reports that the 51-year-old worker was inside an elevator shaft on the third floor of a construction site at 603 W. 129th St. when he fell from scaffolding to the bottom of the shaft. The man was transported to a local hospital where he died.

This man's death was apparently the first fatal New York City construction accident in 2010. Last year, the city's Department of Buildings reported an 84 percent drop in construction accident fatalities from 19 in 2008 to three in 2009. However, the total number of reported construction accidents rose from 151 in 2008 to 224 in 2009 and the total number of reported injuries rose from 178 in 2008 to 246 in 2009. Officials say the increase in the number of incidents can be attributed to better accident reporting by construction companies.

Falls from scaffolding are the most common types of fatal accidents, which occur at New York construction sites. According to the Occupational Safety and Health Administration (OSHA), a number of scaffolding accidents occur because scaffolds are not constructed per manufacturer's guidelines or companies fail to install proper fall protection systems such as guardrails.

Continue reading "New York Construction Accident Kills Worker" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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According to a recent report in the New York Post, construction site accident fatalities in NY have dropped by 84 percent compared to last year. The report states that this marked improvement is the result of tougher safety standards imposed by New York City officials. The reduction in construction site fatalities has also been attributed to a slowdown in construction activity due to the economic recession. In 2009, three fatal construction accident deaths were reported compared to 2008 when there were 19 construction site fatalities, including two devastating crane accidents in Manhattan.

These serious construction accidents prompted a thorough review of the city's construction safety standards. The new regulations also gave the city's Building Department more teeth and expanded enforcement powers. The new standards require more extensive training for construction workers as well. City officials say their goal has been to change the culture of the construction industry and basically teach them to "put public safety ahead of profit."

Continue reading "New York City Construction Accident Deaths Decline" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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A 47-year-old warehouse worker was crushed to death when a load of granite tiles fell on him. According to a news report in the New York Daily News, the tiles were stacked on top of each other when they toppled on the worker's head. The man died despite his co-workers' failed attempt to rescue him from under the heavy granite tiles. This fatal on-the-job accident is being investigated both by the Occupational Safety and Health Administration (OSHA) as well as the New York Police Department. OSHA investigators will be specifically looking into whether any safety standard violations took place that may have caused accident.

In New York, injured workers and their families are entitled to receive workers compensation benefits in the event of an on-the-job accident. However, we often see that these benefits are hardly enough to compensate a seriously injured worker or a family that has lost its primary wage earner. New York State laws prevent a worker from suing his or her employer. But if the work-related injury was caused by a third party, employees can file a claim against that negligent individual or entity.

Continue reading "Warehouse Worker Crushed to Death by Falling Granite Slabs" »

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Posted In: Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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The number of New York City construction accidents has increased, but there have been fewer fatalities as a result of construction site accidents this year. According to a news report in the Insurance Journal, the number of reported construction accidents in New York increased by more than 40 percent compared to the same period in 2008. Reported injuries increased by more than 30 percent during that time. A majority of the injuries were a result of falls in construction sites. The number of deaths, however, decreased considerably. The number of construction accident deaths in 2008 was 19 and 12 in 2007. This year, there were only two through the month of June. City officials say the reduction in fatalities is due to an increased awareness of construction safety and better reporting of incidents.

In spite of strict safety standards, construction workers are always at risk when they are on the job. New York State does not allow employees to sue their employers for on the job accidents. However, contractors, sub-contractors, architects, manufacturers of defective products or property owners may be held liable for injuries or wrongful deaths that take place during construction work.

Continue reading "New York City Construction Site Accidents Increase, Deaths Down" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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Thousands of sickened 9/11 recovery workers whose legal claims have been barred because of deadlines will now be able to join a large group suing New York City under a new law signed by Gov. David A. Patterson. According to a news report in Newsday, the law will allow more than 3,000 workers to revive lawsuits that were thrown out by a federal judge in July because they were not filed within 90 days of the workers' conditions being diagnosed.

These workers included carpenters, plumbers and construction workers who worked for months on the Ground Zero site because they were told it was safe to do so and that there were no environmental hazards. However, a number of these workers apparently developed health issues such as lung problems, post-traumatic stress disorder, depression and sinusitis. The workers say that they were "lied to" that the air in Ground Zero was good to breathe at the time.

This is good news for these workers who got left out because of a technicality. There is no question that some of these workers have suffered serious consequences as a result of breathing the air at Ground Zero. They should have been informed about the poor air quality before they started work there. Many of these workers have been disabled and are unable to perform the jobs they were doing before. To have their claims tossed out because of a technicality is simply not fair.

Continue reading "Sickened 9/11 Workers Can Sue New York City" »

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Posted In: Personal Injury , Workers Compensation , Workplace Injuries

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New York work accident injuries can be devastating. Workers or employees who get injured on the job can suffer debilitating injuries that can cause them to lose their job and their livelihood. In such cases, injured victims need representation from an experienced New York workers compensation attorney who can uphold their rights and make sure they get the compensation they rightfully deserve.

There are a number of New York on-the-job injuries where victims are left disabled for life or unable to perform the job they were performing before. A New York police officer, who was injured on the job four years ago in a car accident that caused him to quit his job, has settled his civil lawsuit for $1.2 million, the Staten Island Advance reports.

The 32-year-old officer was a passenger in the back seat of an unmarked Chevy Impala that was responding to a burglary on September 23, 2005 when the driver, another police officer, went on opposing lanes of traffic and collided with a car that was making a turn. The officer suffered injuries to his shoulder, back and neck. He was able to return to his job two months later, but could remain on the force only for two months before he had to get further surgery and treatment.

Continue reading "New York Police Officer Compensated for On-the-Job Injury" »

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Posted In: Automobile Accidents , Personal Injury , Workers Compensation , Workplace Injuries

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The Occupational Safety and Health Administration (OSHA) has fined a Long Island concrete contractor $72,000 for repeated safety violations after a worker was injured in a construction accident, the Associated Press reports. Federal safety officials say the worker suffered non-life-threatening injuries in March when he fell 10 feet from the 34th floor to the 33rd floor of a midtown Manhattan building. Agency officials said the worker had dislodged the unsecured cover of a floor hold and that the contractor failed to put sufficient fall protections in place. Officials also say the company did not train workers to recognize or deal with such hazards at construction sites. The contractor has 15 days to pay the fine or appeal it.

This worker was very lucky that he did not plunge to his death as a result of this fall. A number of construction site accidents, especially falls, occur in New York and other cities because contractors do not follow state and federal safety standards that are mandated by law. New York State law prohibits employees from suing their employers for on-the-job accidents. However, third parties, such as contactors, sub-contractors, architects, manufacturers and property owners may be held liable for injuries or wrongful deaths that take place at a construction site.

Continue reading "Contractor Fined in New York City Construction Accident" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries

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A worker was injured in a Manhattan construction accident when he took a fall at the World Trade Center construction site. According to this news report, the worker reportedly fell about five feet and suffered injuries that were not life-threatening. The construction site accident occurred near the intersection of Liberty and West Streets. The worker was taken to an area hospital.

Some of the most serious construction site accidents occur when workers either slip and fall during work, or fall off a scaffold. These types of fall accidents can cause major injuries that can be devastating to construction workers and their families. These are also most often the types of injuries that result in death. Even when the worker survives, there are many tough challenges he or she is faced with such as expensive medical bills, loss of income resulting from missed work and in some case, continuing medical costs. Sometimes, workers are left with a permanent disability that leaves them unable to work for the rest of their lives.

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Posted In: Construction Accident , Personal Injury , Workers Compensation , Workplace Injuries

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Three workers died in a New York City on-the-job accident at a waste transfer plant after being overcome by hydrogen sulfide fumes, the Engineering News-Record reports in an account. The men apparently suffered fatal injuries while trying to escape an 18-foot-deep hole filled with three feet of water at the Regal Recycling Plant Co., which is a private water transfer plant in Jamaica, Queens.

Among the victims were a father and son who were apparently trying to clean out a backup in the hole. The son lost his balance and fell in when the dad went in after him. The father and another worker who went in the well were overcome by the deadly gas. According to Occupational Safety and Health Administration (OSHA) records, Regal's recent violations included improper floor and wall openings and inadequate respiratory protection for workers. Regal was ordered to pay thousands of dollars in fines for these serious safety violations.

Every year, thousands of workers are killed or seriously injured on the job in New York. This happens in spite of state and federal regulations as well as industry standards that require employers to implement a wide variety of safety measures. New York workers compensation laws are designed to make sure that employees who are injured (or in this case families of deceased workers) receive fair compensation for their loss. However, workers compensation is usually not enough to fully compensate injured workers or their families for all damages sustained in a work-related accident.

Continue reading "Queens On-the-Job Accident Kills Three Workers" »

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Posted In: Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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A 35-year-old worker was killed in a New York on-the-job accident. According to a WBNG news report, Shawn Brown was working on the body of a large recycling truck when the truck bed released and pinned him against the vehicle frame. Brown was located by a co-worker who contacted emergency personnel. Brown was taken to an area hospital where he was pronounced dead. The New York State Police as well as the federal Occupational Safety and Health Administration are investigating this work site accident, which occurred at Burt Adams Disposal in Chenango Bridge, New York.

Work site accidents such as construction site accidents and industrial accidents are devastating not only for the injured workers, but also for their families. In many cases, families struggle and face extraordinary financial crises because they lose their primary wage earner to a workplace accident. The sad fact about these workplace accidents in New York is that they can often be prevented.

Workers in New York are entitled to state workers compensation benefits. However, these are terribly inadequate and are hardly enough to cover medical expenses in the case of a major injury or loss of wages where the sole breadwinner has died. Injured victims and families in such situations would be well-advised to contact experienced New York workers compensation attorneys who can help with their workers compensation claims. In cases where a third party such as a contractor, sub-contractor or a defective product manufacturer is involved, additional claims may be filed against negligent parties as well. If you have been injured or have lost a loved one in a New York work-related accident, please call Wingate, Russotti & Shapiro for a free and comprehensive consultation.

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Posted In: Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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An ironworker, who was working at the Sept. 11 memorial construction site was hospitalized with hip and arm injuries after a construction accident in New York when he slipped and fell 20 feet. According to this news report, Guido Castro was on a break when he slipped on metal decking on the construction site and fell down one level. The worker was apparently wearing a safety harness, but it was not hooked because he was on a break. Castro sustained serious injuries.

Construction accidents mostly result in catastrophic injuries or death because most of them involve falls from a higher elevation. Injuries include brain injuries, broken bones and paralysis. In most of these cases, workers are unable to return to work permanently or for an extended period of time, putting them and their families under tremendous financial strain.

The skilled New York personal injury attorneys at Wingate, Russotti & Shapiro will be able to investigate these construction accidents and determine who should be held responsible. Often, these construction site accidents occur because someone was negligent or did not follow mandated safety procedures. In many cases, the negligence could be on the part of someone other than the worker's employer. In such cases, claims may be filed against these negligent parties in addition to workers compensation claims.

Workers and their families may be able to receive more compensation to offset medical bills and other expenses they face during such hard times. If you or a loved one has been seriously injured in a construction accident, please contact the experienced NY construction accident lawyers at Wingate, Russotti & Shapiro for a free and comprehensive consultation.

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Posted In: Construction Accident , Personal Injury , Workers Compensation , Workplace Injuries

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The death of a Wal-Mart employee who was crushed to death by “Day after Thanksgiving” shoppers could have been prevented had Wal-Mart taken the necessary safety precautions, federal officials said. According to an Associated Press news report, the U.S. Department of Labor's Occupational Safety and health Administration (OSHA) is slapping a $7,000 fine on the nation's largest retailer for inadequate crowd management after the wrongful death in Long Island of Jdimytai Damour.

Federal officials who are issuing the citation said effective planning and crowd management could have prevented this fatal New York on the job injury. Wal-Mart has 15 days to respond to the allegations. OSHA is imposing the maximum allowable fine of $7,000 on Wal-Mart. The agency usually issues such serious citations when "death or physical harm is likely to result from hazards about which the employer knew or should have known."

Employers in New York State have the duty to provide their employees with a safe and secure work environment. In some cases, work-related injuries are caused by third parties – those other than the employers. Experienced Long Island workplace injury attorneys can help injured workers and their families commence lawsuits against these third parties. These types of claims are usually worth a lot more to injured workers and their families than New York workers compensation benefits. In such claims, additional damages such as pain and suffering, loss of wages, and medical expenses can be claimed, in addition to workers compensation benefits. For more information about your legal rights and options, please contact Wingate, Russotti & Shapiro for a free consultation.

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The family of a woman who died on a hospital floor struggling to get up while staffers ignored her, has settled a New York wrongful death lawsuit against New York City for $2 million, according to this news report in the Insurance Journal. Esmin Green's death was recorded on a hospitals security video. Green, a 49-year-old psychiatric patient, was apparently waiting for 24 hours at the city-owned Kings County Hospital when she collapsed on June 19, 2008. Green was on the floor for nearly an hour without anyone stopping to help her. She died from blood clots.

When you go to any hospital, it is your belief that you would get quality care and attention. However, very often, that does not happen. In many New York medical malpractice cases, negligence or wrongdoing on the part of medical practitioners – be it doctors, nurses, technicians or hospital staff – could result in serious injury or as it happened in this case, death.

In such cases where negligence or wrongdoing causes fatal personal injuries, families of deceased victims are able to file what are known as wrongful death claims. Such claims basically provide compensation to victims of those who have died because of someone else's negligence or wrongful actions. These claims generally compensate victims' families for pain and suffering, medical/funeral expenses, loss or earnings, loss of companionship, and emotional distress. If you have lost a loved one because of someone else's negligence or wrongdoing and would like to pursue your legal rights, please contact New York's skilled wrongful death attorneys at Wingate, Russotti & Shapiro for a free consultation.

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Posted In: Medical Malpractice , Personal Injury , Workplace Injuries

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Two workers, who were hired to paint the Queens and Bronx bridge towers, were injured after a large overhead sign fell on to the roadway. According to this news report, the sign and metal support system feel after it was struck by a truck near the Queens side of the Whitestone Bridge. According to the Metropolitan Transportation Authority officials, the two contract workers were in the truck at the time of the construction accident in Queens.

Every year, thousands of workers are killed or seriously injured on the job. New York workers compensation laws are designed to make sure that workers who are injured, disabled, or killed on the job receive compensation for their monetary losses. These laws also provide workers compensation benefits for the families and dependents of those workers who are killed because of work-related injuries or illnesses.

Workers compensation benefits are in place to help employees who are injured on the job. But they are usually not sufficient to fully compensate injured workers for all damages sustained as a result of their work-related injuries. These benefits are definitely not enough to compensate a family for the loss of their primary breadwinner, much less the loss of a beloved family member.

If you or a loved one has suffered serious injuries on the job, please contact New York's top work accident injury lawyers to find out more about your legal rights and options. We will look at all the aspects of your case. If you are a contractor or subcontractor, we will look into all the parties that were involved. The knowledgeable and experienced New York personal injury attorneys at Wingate, Russotti & Shapiro LLC will make sure that you are fairly compensated for your injuries and losses.

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Posted In: Construction Accident , Personal Injury , Workers Compensation , Workplace Injuries

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Anthony Paino, a 28-year-old Staten Island man, was killed in a Manhattan construction accident after he fell from the 10th floor of a hotel under construction on Park Avenue South. According to this news report in the New York Times, Paino fell from a plywood mold used for poured concrete columns and landed on top of the sidewalk shed of an adjacent building. Authorities say Paino was not wearing a required harness that is used to tether workers to the buildings and prevent such falls.

Paino apparently worked for L.M.C. Specialties, a steel subcontractor that was placing reinforcement bars to be covered by concrete. He was supposed to have been working on a column at the edge of the building inside protective guardrails. But officials say they don't know what happened and how Paino fell to his death. This is the second fatal New York City construction site accident this year.

Every year many workers are killed or catastrophically injured while working on scaffolding. This occurs although there are many state and federal regulations, as well as industry standards that require owners, contractors and subcontractors to implement a variety of safety measures. Injured workers or their families would be entitled to New York workers compensation benefits, but these benefits are inadequate and often don't compensate injured workers for all damages caused by their NY work-related accident.

If you or a loved one has been injured in a New York construction accident, please call an experienced New York construction accident injury attorney at Wingate, Russotti & Shapiro LLP. for a free consultation and case evaluation. Our New York scaffolding injury lawyers have extensive experience in all types of construction site accidents.

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Posted In: Construction Accident , Workplace Injuries

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A scaffold collapse in New York has put a construction worker in hospital with serious injuries to his leg, reports the New York Post in a recent story. The incident happened at the site near the New York Public Library as the scaffold came down on a rooftop trapping the victim under rubble.

According to authorities, the on-the-job injury accident was set off by a bucket filled with construction material that fell from a hoist and crashed into the scaffold that was on top of the building located at 12 E. 42nd Street. The construction work and the scaffold were part of a masonry renovation project, the news report said.

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The website ny1.com reported in an article on October 30, that relatives of Ramadan Kurtaj from New York and beyond gathered to pay homage at the scene of the crane accident in New York that ended his life. Family members laid flowers and a wreath in his memory. Located on 91st and First Avenue, a construction crane came crashing down on Kurtaj killing him along with crane operator Donald Leo.

Kurtaj family attorney Susan Karten said, “This crane shouldn't have been on the street because it was 24 years old. There are signs and different reports saying that there was fatigue. And this is not the kind of equipment that should be used in a city that’s state of the art in every other respect but not with respect to the lives of construction workers.”

Karten indicated that the family would be filing suit seeking damages from the crane company as well as the general contractor. Furthermore they are requesting that the District Attorney and the Occupational Safety and Health Administration make public their findings into this dreadful work related accident.

Continue reading "New York Construction Crane Worker Commemorated " »

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Posted In: Construction Accident , Crane accident , Personal Injury , Workers Compensation , Workplace Injuries

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The ny1.com website reported in an article on October 6, that government officials have released a report detailing the number of on the job deaths for 2007 in the state of New York. According to officials, the number of on the job deaths was 81 for 2007. The bulk of the deaths were related to construction accidents. Officials have been keeping record of this morbid stat for 16 years.

So far, and not withstanding the three months left in 2008, New York has seen almost 24 fatalities due to construction accidents. Included in these are the nine people killed in two separate crane collapses. In efforts to curtail construction related injuries and/or deaths, city officials have issued new guidelines for construction crane operators in order for them to get licensed.

Continue reading "New York Decrease Of On-the-Job Deaths In 2007" »

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A former NASCAR official has agreed to a confidential settlement in connection with a $225-million racial discrimination and sexual harassment lawsuit she filed against her former employer. According to this Associated Press news report, Maurica Grant is happy with the settlement whose terms were not disclosed. Neither side admitted liability or wrongdoing.

Grant alleged 23 specific incidents of alleged sexual harassment and 34 specific incidents of alleged racial and gender discrimination during her employment. Grant, who worked as a technical inspector responsible for certifying cars in NASCAR second-tier claimed that she was referred to as “Nappy Headed Mo” and “Queen Sheba” by co-workers and was often told that he worked on “colored people time.” Grant also said she was intimidated by officials who made routine references to the Ku Klux Klan and was subjected to sexual advances from male co-workers.

Discrimination and violation of civil rights – whether at the workplace, in school or anywhere else – are wrong and should not be inflicted on any individual. The lasting effects of such discriminatory acts can be demoralizing and may cause severe emotional trauma and lasting psychological scars for the victim.

If you or someone you know has been the victim of such discrimination, please call the New York personal injury attorneys at Wingate, Russotti & Shapiro LLP. Our New York attorneys will work diligently to protect your rights and put an end to the injustice you are facing. Please call us today for a free consultation.

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A Broadway actor, who suffered severe injuries as the result of a slip and fall that occurred after he fell onstage during a production of “The Little Mermaid,” has asked for a court order to preserve a stage prop in connection with a lawsuit he is planning to file. According to an Associated Press news report , 51-year-old Adrian Bailey filed the petition in Manhattan’s state Supreme Court to preserve the stage prop, a boat, so attorneys and consultants may examine it.

The actor reportedly fell through an open trap door at the bottom of the boat and fell down to the stage at the Lunt-Fontanne Theater. He reportedly plummeted 30 to 40 feet and suffered severe injuries and fractures to his wrists, back, sternum, ribs, foot and pelvis. He has already undergone four surgeries and his new york premises liability attorneys say he came pretty close to breaking every bone in his body.

If and when a lawsuit is filed, Disney Theatrical Productions, the musical’s producer, will be one of the defendants. Theater company officials say they are looking into what went wrong with the prop and declined to comment to the Associated Press.

Continue reading "Actor Who Suffered Severe Fall Injuries On Stage Wants To Sue Production Company" »

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According to a New York Times Report, a construction worker who was pouring concrete at a condominium hotel in SoHo fell 42 floors to his death on Monday, January 14th. A second man was also thrown from the 42nd floor, but he was caught in a safety net that extends outward from the 40th floor. Authorities claim the construction accident occurred when a wooden mold used to set the concrete collapsed. The cause of the collapse was unclear, and remained under investigation Monday by the Fire Department and the city’s Department of Buildings.

Assistant Fire Chief Thomas Galvin said the worker who died was tamping wet concrete in wood molds, constructed of plywood and two-by-four beams. The wood molds collapsed, he said, and fell from the 42nd floor to the 40th floor, leaving a large gash at the southwest corner of the top of the building. It is unclear why one man was not stopped by the safety netting or by an even wider platform that is part of the structure on the lower floor, while a 2nd man was.

Continue reading "Construction Worker Dies in 42-Story Fall in SoHo" »

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In a tragic example of what will surely become a hotly contested New York Wrongful Death case; a young boy visiting his father’s workplace was killed in Queens when the small forklift style vehicle he was trying to drive flipped over and crushed him, according to a New York Times Article. The accident occurred shortly after noon in a Ridgewood neighborhood lot used by Miron Building Supply, a building materials distributor.

Kevin Hrcka, 13 was son to Rob Hercka who had been a Hi-Lo operator for Miron Building Supply for the past 4 months. Hi-Los are often used in warehouses to lift wooden pallets with steel forks at the front of the vehicle. The machines are used to carry materials throughout the company’s facility near the border of Brooklyn and Queens.

On Saturday, January 19th Kevin came to meet his father at the Miron Building Supply facility. Two HI-Lo forklifts had been put away in a shed, although the keys were left in the ignition because the lot was scheduled to remain open until later that afternoon. Officials believe the boy’s father might have been in a locker room changing out of his work clothes, when the boy climbed into one of the machines and drove it away. Miron officials said Kevin appeared to have driven the Hi-Lo at a high speed toward the end of the lot and then tried to turn. It appeared the boy tried to jump off the vehicle before it landed on its side and pinned him beneath it. The police said Kevin was pronounced dead at the scene as a result of the New York Construction Accident.

Continue reading "13 Year Old Boy Killed At Father’s Workplace" »

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According to the New York Times, two brothers, Edgar and Alcides Moreno fell from the 47th floor of Solow Tower, a Manhattan building, after their scaffold collapsed beneath them. The two brothers, Edgar and Alcides Moreno, who worked as window washers together, fell from a swing scaffold, a built-in feature of the Solow Tower that is intended to let workers move the platform so window washers can reach any point on the facade. Both brothers were experienced window washers, and both had worked as window washers in high-rise buildings for over ten years.

The times relayed that, two hours before they fell, both Edgar and Alcides told José Cumbicos, their brother-in-law, that they feared a workplace injury might occur on the Solow Tower’s scaffolding, because their scaffold had a ‘mechanical problem’. In fact, according to the Times account, Alcides told his brother-in-law, the morning of the fall, that they were only reporting to work because their boss called telling them, ‘The scaffolding was fixed, come to work.’ So they both left.”

In an interview at his home, Jose indicated he only knew the brother’s boss as ‘Tony’. The Times reported that Jose said the brothers apparently trusted Tony, and that Tony reassured the bothers that the scaffold was safe. Apparently, the scaffold had been used, without incident, earlier in the week. Jose recounted that the brothers “….took every precaution when they worked.” But Jose, who is himself a window washer, added, “Something was wrong with the scaffold.”

As of last Friday, at least one investigator agreed with Jose. Another investigator said that new cables had been installed on the Solow Tower scaffold, but that it was unclear who did the work, when it was done and whether it was satisfactorily completed.

Jose related to the Times, that his brothers-in-law had also shared three other incidents with him where, just this year, there were problems with the scaffolding-one that reportedly put the scaffold totally out of commission just this last summer.

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The New York Times ran an article today that explored an unusual theory: overweight and obese people are involved in more workplace accidents than other workers. Citing a study of the records of 7,600 aluminum company employees, it found that 85 percent of those who sustained an injury were overweight or obese. This applies to one-time traumas (accidents) as well as repetitive stress injuries. The study shows that injuries and excess weight tend to occur in the same people, not that being overweight causes injuries or vice versa. However, the researchers did some interesting speculation as to why the two could be connected. One suggestion was that safety equipment fits larger people poorly. Another was that overweight people might not be in great health to begin with and could be easily tired, or could be taking medication that affects their judgment.

We're interested in anything that could drive down the rate of workplace injuries, which can be serious and life-threatening. However, we're also interested in the idea that this gives employers another incentive to discriminate against employees or potential employees on the basis of weight. Overweight people are not a specifically protected class under most civil rights legislation, but New York plaintiffs have successfully recovered for weight discrimination before, under the Americans With Disabilities Act. Despite the fact that 66 percent of Americans carry some amount of extra weight, overweight and obese people still face prejudice. They may also face discrimination in health care, as providers may assume that a weight problem translates into current or future health problems. We hope that this study doesn't add to the problem.

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An article from this week about construction accidents in Alberta, Canada, has me wondering whether Canada is as worker-friendly as many Americans think. According to an article by the Canadian Press, a storage tank collapsed at a farm tank site for Canadian Natural Resources Ltd. in Alberta. Nobody was hurt, but it was the second tank collapse at the same work site in a month -- the first one killed two workers and injured four. The tank that collapsed was reported to have fewer than half of the normal number of cables holding it up. And the article mentions that a third tank is already suspected of being on the verge of collapse! The Alberta Federation of Labor, a workers' union, has rightly called for the Canadian federal government to shut down the contractor in charge of the site, but a spokesman for the government says that's premature.

We aren't Canadian attorneys here at Wingate, Russotti & Shapiro, but we know a construction site in any country can be dangerous, because by their nature, they're full of heavy equipment, exposed wiring and other potential hazards. That's why workers wear helmets and often work under safety laws that regulate the work site's conditions. Unfortunately, as the article shows, accidents often happen anyway. Sometimes, as with one of our past construction accident clients, they happen to innocent people who just happen to be passing by. In New York, we're fortunate to have a law that allows injured workers to sue negligent companies who are responsible for their injuries while also collecting workers' compensation payments. I'm sure this is partly responsible for the excellent results we've achieved for our New York construction injury clients. Unfortunately, until Alberta -- and other provinces and states -- adopts stringent liability standards similar to New York's, contractors will probably keep putting the bottom line over worker safety.

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Workplace Injuries

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