Chopra & Nocerino, LLP

Worker killed in New York construction accident

The family of a 44-year-old man who was killed in a construction accident in New York on Nov. 21 has called for an investigation into the circumstances surrounding his death. The family members, who were joined at a press conference by Brooklyn Borough President Eric Adams, claim that the man was laboring in conditions so unsafe that crane operators refused to work.

The man lost his life after he was struck by falling debris and pinned under a collapsed metal wall. The man's son, who was working at the Bedford-Stuyvesant construction site along with his brother, says that he pulled debris off his badly injured father immediately after the accident and saw that he was dying. He claims that his father should not have been working on a roof that day due to exceptionally strong winds. Adams says that an investigation is warranted to find out if the construction company knew about the unsafe conditions and the crane operators' refusal to work.

The New York City Department of Buildings has ordered a halt to work at the site until the construction accident has been investigated further. Initial reports indicate that the tragic sequence of events began when a forklift truck moving a wall panel tipped over. The DOB has cited the contractor for failing to safeguard the site and says further sanctions are possible.

The dependent family members of construction workers killed in on-the-job accidents will generally file workers' compensation claims. However, they may pursue other legal options in some situations. Families may file wrongful death lawsuits when their loved ones were killed due to the negligence of a third party such as a subcontractor, and experienced personal injury attorneys might also recommend this kind of litigation when employers acted with gross negligence. This is recklessness so severe that serious injury or death is inevitable.

Source: PIX 11 New York, Family of man killed in Brooklyn construction accident say site was unsafe, Cristian Benavides, Nov. 25, 2018

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