Staten Island Construction Worker Injured In Accident After Falling From Structure In Port Richmond
STATEN ISLAND, NEW YORK (August 31, 2021) – A man was injured in a Port Richmond construction accident after falling from a structure at 2111 Richmond Terrace.
New York City police officials are saying the construction site accident took place on Monday. A construction worker at the site fell from the sixth floor to the fourth floor of the structure.
Firefighters and paramedics were called to the Port Richmond construction site in order to treat the worker. The victim was taken to the nearby hospital to receive treatment for a head injury.
The city Department of Buildings (DOB) issued a full stop-work order for the construction site. The contractor for the project was issued violations for “failure to institute safety measures at the work site, failure to install and maintain vertical safety netting, and for providing an inadequate pre-shift safety meeting for the workers on site.”
This tragic accident comes just four days after a worker died from being electrocuted in a Staten Island recycling plant. A full investigation remains ongoing at this time.
Liability In Port Richmond, Staten Island Construction Fall Accidents
Year after year falls remain the leading cause of workplace death and serious injury. According to data released by the National Institute for Occupational Safety and Health (NIOSH), falls accounted for 36.4% of fatal workplace accidents. OSHA has listed falls as one of the “fatal four” sources of workplace injury and death. The other three major workplace hazards are being struck by objects, caught in-between accidents and electrocutions. Small construction companies with 20 or fewer employees accounted for 75% of workplace fatalities. This is true even though these small companies made up only 39% of construction payroll employment. There are a number of factors that could contribute to construction site falls.
- A lack of protective netting
- Slippery floors
- A lack of guardrails
- Faulty stairways
- A lack of personal fall arrest systems (PFAS)
Construction companies have a non-delegable duty to maintain their work sites in a reasonably safe condition. They must protect workers from falling or being struck by falling objects. When a worker is injured in a Staten Island construction accident a general contractor or owner could be held strictly liable under New York State Labor Law § 240/241. This statute, commonly referred to as the “Scaffold Law” covers most gravity related accidents at construction sites. What follows below are a list of construction activities that the Scaffold Law will typically apply to.
- The erection of a building or applicable structure
- The demolition of a building or applicable structure
- Repairing, altering, demolishing cleaning or painting of a building or applicable structure
- The erection of a scaffold, hoists, stays, ladders or other related equipment
There are three basic elements that need to be demonstrated under the Scaffold Law. (1) The entity in question was the owner or general contractor of the construction project. (2) The activity that resulted in an accident was covered under the statute. (3) The injury was gravity related (e.g., the worker fell or was struck by a falling object). Victims of construction falls tend to suffer very serious and costly injuries including:
- Broken bones
- Head injuries
- Spinal cord injuries
- Shoulder injuries
- Organ damage
Any person that is injured in a construction fall may be able to seek damages through a personal injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Many victims may not realize the full extent of their injuries until several weeks or months after an accident. It is important to seek follow up care. It’s also a good idea to discuss your legal options with an experienced New York construction accident attorney. An attorney can examine all of the unique facts of your case free of cost and let you know what your legal options are.
Investigating A Port Richmond Construction Fall Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the construction worker injured in this accident. Any person that may have information about what happened should reach out to OSHA and the Department of Buildings as they continue their investigation. As construction accident attorneys we remain deeply concerned by the sharp rise in workplace accidents in New York City.
There are a number of questions that need to be answered after this accident. Were workers at this site provided the required safety equipment? Have their been similar accidents at this location? It is our sincere hope that steps are taken to help prevent additional accidents like this.