A tragic construction accident in Manhattan claimed the life of a young worker early this month. The unnamed 30-year old man was working high above street level at a jobsite on 76th street on the afternoon of September 1st when–eyewitness reports state–he fell from the scaffolding erected in front of the high-rise. The man plummeted 13 stories to the pavement below as bystanders watched in horror.
Rescue crews arrived and rushed the construction worker to nearby New York-Presbyterian Hospital. However, his injuries were too severe and doctors were unable to save him. He was declared dead shortly after arrival.
The results of a department of Buildings Investigation into this latest scaffolding accident in New York have yet to be released but it was not immediately apparent whether the man was wearing a safety harness that could have prevented his fall. OSHA regulations require that any construction workers employed on such high platforms make use of safety harnesses and fall arrest devices. The platforms themselves must also have adequate barriers to prevent workers from falling off the edges and, in some cases, safety nets to catch individuals should they fall.
If the property owner or general contractor in charge of the construction project failed to provide adequate safety equipment which would have prevented the accident, under the New York Labor Law, they are held absolutely responsible for the construction worker’s death even if the worker contributed to his own accident.
In similar cases involving scaffolding accidents in New York, the victim’s surviving family members have been awarded compensation for including but not limited to funeral expenses, wages that would have been contributed to the family and pain and suffering for the period of time the worker survived after the fall.
If you have been injured or lost a family member in a construction accident in New York, contact an expert construction accident attorney in New York City today to discuss your case confidentially. Call the Law Offices of Nussin S. Fogel for a free consultation at (800) 734-9338 or (212) 385-1122 to learn your rights.