Construction Worker David Alomia of Sunset Park Died After Accidentally Falling Off of The Manhattan Bridge
MANHATTAN, NEW YORK (November 19, 2021) – A painter identified as David Alomia has tragically died in an accident and another worker was injured when the pair fell off the Manhattan Bridge in New York City.
New York City police officials are saying that the accident took place shortly before 2:00 p.m. on Wednesday, November 17th. David Alomia was painting the Manhattan-side of the bridge when he suddenly fell.
A 55-year-old man also fell from the bridge and was seriously injured. Firefighters and paramedics were called to the scene of the accident in order to help the victims.
The 55-year-old man was seriously injured and taken to Bellevue Hospital. Despite life-saving measures, David Alomia died due to the severity of his injuries.
Police are saying that the two men were switching locations where their harnesses were attached. A strong wind appears to have contributed to the falls.
A full investigation remains ongoing at this time.
Liability When A Worker Is Killed In A New York City Fall Accident
Falls remain one of the leading causes of worker injury and death in the United States. The Occupational Safety and Health Administration (OSHA), lists falls as one of the “fatal four” causes of workplace injury and death. According to one report from the National Safety Council, 880 workers died in the United States due to fall related injuries. Another 244,000 workers were injured enough to need days off of work. Construction workers remain at the greatest risk of being involved in a fall. For the most part, workplace falls are preventable.
- Construction workers should be provided with the right safety equipment.
- Construction workers should be trained how to use their safety equipment.
- Construction workers should never be asked to work during inclement weather such as high winds.
- Ladders should always be placed on stable surfaces.
There are a number of laws designed to protect workers who are killed or injured from falls. A building owner or general contractor could be liable for a worker that dies from a fall or is hit by a falling object. Pursuant to New York State Labor Law § 240(1), building owners and general contractors are held strictly liable for gravity related accidents. In order for the statute to apply the worker must have been performing a qualifying task such as repairing, altering, painting or cleaning a building.
A construction company could also be held liable for an accident under New York Labor Law 200. This statute is a codification of an employer’s general responsibility to maintain their worksite in a reasonably safe manner. OSHA requires workers that are performing duties at heights six feet or higher above the ground to be given fall protection. Guardrails should be installed in order to prevent accidental falls. Safety nets should also be installed in many circumstances to prevent workers from falling. There are a number of steps that should be taken after any workplace accident.
- Eye witnesses should be interviewed.
- Photos of the construction site should be taken.
- Surveillance records should be sought.
- Medical records should be preserved.
- A thorough, independent investigation should be conducted.
The family of any victim that died in a construction fall may be able to seek some measure of justice through a wrongful death claim. Damages can help cover lost wages, medical bills and pain and suffering. Any person that survives such an accident may also be able to seek aid through a bodily injury claim. Sadly, though, construction companies will often fight hard to deny liability for an accident. A New York City construction accident attorney can examine all of the specific facts of your case and let you know what your legal options are.
Investigating A Fatal Manhattan Bridge Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of David Alomia. It is our sincere hope that the other worker who was injured will be able to make a full recovery. There needs to be a thorough investigation for the sake of everyone affected by this tragedy.
This accident also raises a number of safety concerns. Were these workers given adequate safety equipment? Were guardrails installed along the bridge? Were safety nets installed to prevent falls? Nearly all workplace falls are preventable and due to lapses in safety requirements. Worker safety should always be the main priority for every construction company. But far too often expediency is favored in a way that puts the lives of workers needlessly at risk.