The Occupational Safety & Health Administration (OSHA), the governmental agency responsible for workplace safety, fined Painting & Decorating Inc., a Ronkonkoma based painting and stucco contractor, $460,350 for chronic and repeated fall and scaffolding violations in December 2013. The Long Island company received 10 citations and fines totaling $429,600. Over the past several years, the company […]
Search Results for: scaffolding act
New York Scaffolding Accident Lawyers
Fall from Scaffolding Law Firm We Have Represented Construction Accident Victims in the Bronx, Brooklyn, Queens, Manhattan, Westchester, Rockland, and Orange Counties for Over 40 Years. Construction workers, in particular those who ply their trade on scaffolding or ladders, place themselves at risk every day they show up for work. Under New York labor laws, […]
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Full-Service Law Firm in White Plains & Manhattan Personal Injury | Criminal Defense | Estate Planning | Business Law For more than 40 years, we have provided dedicated and attentive legal service to clients throughout New York. We are aggressive trial attorneys ready to fully investigate your case for the best outcome possible. Law Offices […]
City Revokes Contractors License After Construction Worker’s Death
The Department of Buildings (DOB) is suing to revoke the license of a contractor allegedly responsible for the death of a construction worker earlier this year in Turtle Bay. According to The New York Daily News, Nelson Salinas was working on scaffolding halfway up a 14-story residential building when a coping stone was knocked loose by rigging used […]
Scaffolding Collapse in Brooklyn Injures Construction Worker, Two Pedestrians
Three people were injured in April when scaffolding collapsed near the entrance to the Borough Hall Train Station in Brooklyn Heights. The scaffolding, which was being taken down at the time, left one construction worker with serious injuries and two pedestrians with relatively minor injuries. The company responsible for the scaffolding, New Force Construction Corporation, has previously […]
Fourth Department Holds Employer Liable for Unsafe Scaffolding
In its January, 2015 Decision, Bernard & Bernard v. Town of Lysander, 2015 CA 14-00649 ✎ EditSign , the Appellate Division, Fourth Department has reversed an order of the Supreme Court of Onondaga County that denied the plaintiffs’ motion for partial summary judgment relating to a fall that was caused by unsafe scaffolding at a construction site. […]
Second Department Affirms Summary Judgment in Westchester Labor Law Action
This blog has previously discussed New York State’s Scaffold Act: namely, Labor Law 240. In short, New York’s Scaffold Act mandates that contractors, owners, and managers of construction sites provide appropriate safety devices (often scaffolding, though the law allows for other devices) to their workers when said workers are performing construction or demolition work on a […]
Exemptions from the Scaffold Act
Earlier on the New York Injury Lawyers Blog, we discussed New York’s Scaffold Act- officially known as Labor Law § 240 – and how the strict liability imposed on contractors and owners by that law imposes liability upon employers when laborers fall during the course of their work. A related issue is to whom, exactly, the […]
Fourth Department Rejects Plaintiff’s Appeal of Labor Law Summary Judgment Decision
Late last year, the Appellate Division, Fourth Department affirmed an order by the Supreme Court, Erie County granting summary judgment for the defendants in a Labor Law 240 claim. Plaintiffs had contended that the Supreme Court incorrectly granted the motion for dismissal by the defendants. The underlying complaint involved an accident at a college dorm. […]
Plaintiff Granted Partial Summary Judgment in New York Labor Law Claim
Partial summary judgment was granted for the plaintiff in an April labor law suit in Manhattan. The plaintiff’s husband had been working on a lift fixing the ceiling of the defendant property owner when he fell to his death. The First Department granted the plaintiff summary judgment on her Labor Law 240 claim. Pursuant to […]
Westchester County Personal Injury Lawyer
At the Law Offices of Thomas L. Gallivan, we are fierce advocates for accident victims. From our offices in White Plains, we represent clients throughout New York as a whole. To learn more or to schedule a free initial consultation with a Westchester County personal injury attorney, call our law firm today. Personal injury law […]
Riverhead, NY Personal Injury Lawyers
Each year, nearly 100 million Americans visit the emergency department for an unintentional injury. In many situations, these injuries were simply bad luck, and no one is to blame for what happened. In other cases, however, another person’s carelessness was the cause of the accident. If you suffered an injury because of something that someone […]
Firm Overview
The New York attorneys at the Law Offices of Thomas L. Gallivan, PLLC have over 40 years of experience representing individuals with complex legal needs. Our elite team of attorneys make your needs their first priority. We provide aggressive, yet compassionate representation to clients in Westchester, Rockland, Orange, Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk Counties. The […]
New York Construction Accident Lawyers
Construction is a vital part of the economy in New York. Yet this industry can also be incredibly dangerous. According to the Bureau of Labor Statistics (BLS), average illness and injury rates are 24% higher in the construction industry than they were across all other industries. Fatal accidents are also far too common, with 1 […]
Personal Injury Lawyers White Plains, New York
How Our Personal Injury Lawyers Can Help You Negligence occurs when an act or failure to act results in the injury or death of another. The injured individual or his or her family can seek compensation for pain and suffering experienced because of that negligence, as well as compensation for medical expenses and various other […]
The New Jewish Home Cited for Elopement, Fined $4,000
The New Jewish Home received 56 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. The facility has also been the subject of a 2011 fine of $2,000 in connection to findings it violated health code provisions regarding hydration; […]
New York Lawmakers to Revisit Scaffold Law
New York lawmakers are revisiting the state’s century-old scaffolding law that requires construction companies to cover the full cost of all workplace injuries. According to The New York Daily News, the recent conversation about reforming New York’s construction safety laws comes at the behest of the Trump administration and the construction industry, which are looking for ways […]
At 14-Year High, Construction Deaths in New York Continue to Increase
In 2016, a total of 71 construction workers were killed on the job in New York State. This number represents a 29 percent increase compared to 2015 and brought New York’s construction fatality rate to a level not seen since 2002. New York consistently ranks among the “Top 10” most dangerous states for construction workers. Perhaps most concerning, construction […]
Death Toll from Construction Accidents Still High as New Safety Bill Comes into Effect
A construction worker’s death in Chelsea last month marked the ninth construction death in New York City for 2017. The 34-year-old man, Przemyskaw Krawczyk, was standing on the sidewalk next to the building when an anchoring bracket fell on him. According to the New York Daily News, the piece of metal fell over ten stories before striking the man. Krawczyk […]
OSHA Implements New Injury Reporting Regulations
In a report released January 2015, the Occupational Safety and Health Administration (OSHA) found that there were 10,388 severe workplace injuries in 2015; 7,636 of those injuries resulted in hospitalization and 2,644 resulted in amputations. The manufacturing industry has the highest reported accidents, accounting for 57% of all amputations and 26% of all hospitalizations, followed by the […]
Plaintiff Granted Partial Summary Judgment in Labor Law 240 Case
The New York Supreme Court, Appellate Division, First Department granted partial summary judgment to the plaintiff in a ladder / elevation case under Labor Law 240. The plaintiff was an electrician for Atlas-Acon Electric Service who was working on NBC property in New York City. The plaintiff ascended an A-frame ladder in order to replace the ballasts […]
Construction Company Held Liable for Falling Brick that Hit Construction Worker
The New York Supreme Court, Appellate Division, First Department reversed a trial court order that denied a construction worker plaintiff’s motion for partial summary judgment regarding a Labor Law 240 (1) claim involving a falling brick. The plaintiff was a construction worker. The defendants were two construction companies working together on a construction project. During a […]
Three Workers Trapped after Crane Collapses in Long Island City
A 380-foot red crane collapsed on January 8, 2013 at a construction site on Center Boulevard in Long Island City, Queens. Seven workers at the site were injured and had to be taken to the hospital with non-life-threatening injuries. According to Deputy Fire Chief Mark Ferran, three of the seven workers were trapped under the […]
Summary Judgment In Favor Of Plaintiff Affirmed in New York Labor Law Construction Accident
The Supreme Court of New York, Third Department (appellate court), recently upheld a summary judgment decision for the plaintiff, Joseph Miranda III, in a construction accident lawsuit. Miranda sustained a traumatic brain injury in a fall of approximately 30 feet at an Albany construction site. Commonly referred to as “The Scaffold Act,” Labor Law section […]