There are exact steps and procedures to follow when an employee has been injured on the job in New York. The correct forms, steps, and timeframe must be followed in order to receive workers’ compensation. Upon injury, the worker must notify his supervisor and seek medical attention. Within 10 days, the employee should notify the employer in writing of the injury. Within 48 hours a medical doctor completes his preliminary report and copies are provided to the employer, employee (and their representation if applicable) and the insurance company. The employer notifies the insurance company of the injured employee within 10 days. The insurance company then has 14 days to notify the employee of their workers’ compensation rights. The employee is directed to the network of health professionals contracted with them for further evaluation and treatment. If the time loss is more than 7 days, the employee will begin receiving compensation within 18 days. The procedure is detailed, and an employee with serious injury may do well to seek legal representation.
Four injured construction workers were sent to Bellevue hospital on Tuesday after a partial collapse in NYC’s Midtown. The collapse occurred as a result of demolition work that is being done near the Grand Central terminal to make way for a new 65-story tower, which will be called One Vanderbilt. The proposed building would span the block intersection of Madison and Vanderbilt Avenues (by East 42nd and East 43rd streets). The demolition workers inside 331 Madison Avenue were dismantling a large chandelier from the ceiling, using a 4-foot marble banister as support. The banister gave way, sending the workers into a free fall with the debris from the marble banister and the chandelier crashing down along with them. The owner of the building said that the workers and the chandelier fell about 15 feet.
It is unclear if the chandelier landed on any of the workers. FDNY Battalion Chief Tom Maera says that the demolition debris had been cleared from the injured construction workers before they arrived.
The partial collapse occurred around 10am on Tuesday, April 7. At the time of the incident, a bartender in the nearby pub heard the commotion and followed the rush to the scene of the accident. He described to the Wall Street Journal that the four injured construction workers were “lying there. [There were] just four guys, lying in the lobby with EMS workers standing around them. They were trying to get them on stretchers. They were moving, so that was good.”
An anonymous fellow laborer said one of the victims were “bleeding from the mouth.”
The realty company, SL Green Realty, says there was a licensed safety manager at the building at the time of the partial collapse.
While the FDNY says the building was structurally sound, a full stop work order was issued by the Department of Buildings following the collapse. Three OSHA violations were issued after the incident, including one for failing to provide adequate fall safety measures to protect workers.
These are not the first OSHA violations given to the construction companies involved in this project. Both have failed to provide adequate protection for their workers specifically in regards to fall safety in the past.
Tishman Construction has been cited for fall safety protocol breaches in 2012, and paid a $7,000 fine. Similarly, Waldorf Demolition was cited in 2010 and paid $5,000. These OSHA violations are considered serious, as falls make up a large percentage of construction accidents.
The Law Offices of Michael S. Lamonsoff and their construction accident attorneys has represented the victims of hazardous construction sites for decades. Many laborers who fall victim to OSHA violations, unsafe conditions, and the everyday hazards of working in construction are unaware of their rights and are never compensated for serious injuries that may result as part of the job.
If you were hurt at a construction site, either while working as a laborer or as a pedestrian, call our offices at (212) 962-1020 for a free consultation about your rights and what compensation you may be entitled to.
If you are an undocumented worker who was injured at a workplace, you have the same rights as American citizens. You can make a legal claim against those responsible for their injuries and seek to have your medical care covered by workers compensation benefits. Undocumented workers typically work in some of the most dangerous jobs in New York. Although they experience abnormally high injury rates, injured undocumented employees rarely enforce their workplace rights. Sadly, many are tricked by their employers who threaten them with deportation if they report their injuries. Whether you have permanent resident status (a “green card”), a temporary work visa or even if you overstayed a visa or entered the country illegally, you can still hold your employer or any other contractor responsible for their failure to provide a safe workplace — anyone, regardless of immigration status, has the right to bring a claim for worker’s compensation and if applicable, a legal claim for your injuries. Your immigration status will not be effected and your claim will not even be reported to immigration enforcement authorities.
Undocumented Workers Injured at Construction Accidents
Undocumented workers are often given the most dangerous jobs at construction sites. Unfortunately for construction workers, the construction industry is one of the more dangerous industries in which to work, and the risk of serious bodily injury or death in construction accidents is significantly higher than in other industries. Undocumented construction workers are often given the most dangerous work that union members are never asked to do. Dishonorable contractors and subcontractors require undocumented workers to work long hours, often in unsafe conditions thinking they would be too afraid to report the safety hazards. Oftentimes they are asked to do this with or without safety equipment. Even if they are given safety equipment it is not the correct equipment for the task or are not useful for their protection However, when there is a construction accident and an undocumented worker is injured, the contractors or subcontractors tell them that they cannot report it and cannot file a legal claim or file for workers’ compensation for the medical care they need. Sometimes they threaten them with deportation if they do. This is untrue. As stated above — anyone, regardless of immigration status, has the right to bring a legal claim. Your status will not be effected and your claim will not even be reported to immigration enforcement authorities.
Experienced New York Work Place Accident Lawyers
The Law Offices of Michael S. Lamonsoff will not allow you to be taken advantage of by unscrupulous contractors and/or subcontractors. If you are injured in construction accident, we will help you to get all of your medical bills paid by workers compensation. In the event that your injury was caused by a third-party other than your employer we will file a legal claim against that contractor and/or subcontractor for the injuries you sustained.
Contact us online or call our office at 212-962-1020 (toll free at 877-MSL-4LAW or 877-675-4529) to schedule a free initial consultation.
Today, nine workers at a factory were taken to hospitals suffering from carbon monoxide poisoning. The Law Offices of Michael S. Lamonsoff has already been retained and consulted by victims of this poisoning. Firefighters evacuated the Ba-Tampte Pickles factory at Brooklyn Terminal Market Building 77 near East 83rd Street and Chase Court, after they detected a high and unsafe concentration of carbon monoxide throughout the building at 8:50 a.m. Although fire officials are still investigating the cause of the gas exposure, our firm, through its own investigation, believes it was caused by the emissions of an antiquated hi-low machine being used in the enclosed close quarters of the factory. See more here.
Whether you are exposed to carbon monoxide at work or in a building, carbon monoxide poisoning can be extremely hazardous. Carbon Monoxide is a colorless and odorless gas and initially non irritating. Accordingly, it is very difficult for people to detect which makes it more dangerous than many other forms of toxic gases. It is produced any time a fossil fuel (i.e. gas) is burned. It is often produced in domestic or industrial settings by motor vehicles that run on gasoline, diesel, propane, methane, or other carbon-based fuels and tools, heaters, and cooking equipment that are powered by carbon-based fuels. If enough is inhaled poisoning occurs. Carbon monoxide poisoning can cause illness and death Exposures at 100 ppm or greater can be dangerous to human health.
SYMPTOMS OF CARBON MONOXIDE POISONING
Symptoms of mild acute poisoning will include light-headedness, confusion, headaches, vertigo, and flu-like effects; larger exposures can lead to significant toxicity of the central nervous system and heart, and even death. Following acute poisoning, long-term effects often occur. Carbon monoxide can also have severe effects on the fetus of a pregnant woman. Chronic exposure to low levels of carbon monoxide can lead to depression, confusion, and memory loss.
TREATMENT FOR POISONING
Treatment of poisoning largely consists of oxygen therapy, i.e. administering 100% oxygen or providing hyperbaric oxygen therapy.
Carbon monoxide poisoning can be prevented by early detection with the use of household carbon monoxide detectors. Modern automobiles, even with electronically-controlled combustion and catalytic converters, can still produce levels of carbon monoxide which will kill if enclosed within a garage or if the tailpipe is obstructed (for example, by snow) and exhaust gas cannot escape normally.
Owners of buildings and contractors can be held legally responsible with carbon monoxide poisoning lawsuits by proving that they caused exposure to workers and/or the general public through their negligence. They can also be held responsible if they knew or had reason to know, that exposure to carbon monoxide was likely to occur
WORKPLACE CARBON MONOXIDE POISONING
Each year, several thousand American workers are killed outright from carbon monoxide exposure, making the poisonous gas one of the most dangerous and widespread industrial hazards. Carbon monoxide causes more deaths than any other toxic agent except alcohol. At least another 10,000 workers suffer from the debilitating effects of high-level exposure. Millions more are subject to low-level, long-term carbon monoxide exposure, the effects of which are not well defined.
The internal combustion engine is the chief source of workplace exposure to carbon monoxide. Many furnaces and ovens also produce large amounts of the gas, especially when they are not properly maintained. Truck drivers, forklift operators, or anyone working near such equipment are potentially exposed. Particularly in danger are persons working near or within enclosed areas such as manholes, splicing vehicles, garages, tunnels, loading docks, warehouses, and vehicle repair shops. This is the type of exposure that took place at Ba-Tampte Pickles factory at Brooklyn Terminal Market Building 77. Workers may be exposed to the toxic gas off the job as well. Because carbon monoxide comes from automobile exhaust, heaters, or recreational campers, nearly everyone is exposed at some time or another.
The Occupational Safety and Health Administration (OSHA) limits exposure to 50 parts of carbon monoxide per million parts (PPM) of air averaged over eight hours. Exposure to concentrations over 100 parts per million constitutes a serious violation, and any exposure greater than 500 parts per million is considered imminent danger. The National Institute for Occupational Safety and Health (NIOSH), which conducts scientific research with and for OSHA, has recommended that the standard be changed to 35 parts per million and that any exposure beyond 200 parts per million be strictly forbidden.
Experienced Brooklyn Work Place Accident Lawyers
We are attorneys who specialize in toxic exposure cases including carbon monoxide poisoning, asbestos and other hidden dangers. We practice in Brooklyn, Bronx, Manhattan, Queens, and Staten Island and the surrounding counties. If you have any questions about an accident that happened to you or a loved one, please feel free to contact the Law Offices of Michael S. Lamonsoff, PLLC. Our website is www.msllegal.com and you may contact us here via e-mail or call one of our lawyers at the Law Offices of Michael S. Lamonsoff, PLLC at 212-962-1020 (toll free at 877-MSL-4LAW or 877-675-4529) to schedule a free initial consultation. Our attorneys are here to help you.