Family says restraints could have saved NY construction worker

In New York, a construction accident involving a worker who was killed after a wind gust blew him off a roof apparently involved employer negligence and liability as described by personal injury laws. The family of the deceased worker is suing the subcontracting firm, claiming employer negligence in failing to provide any type of safety protection for the worker to prevent a fall.

The 36-year-old worker fell over 50 feet onto a concrete slab and died at the scene. In this lawsuit, personal injury claims are also being made against the development partnership owners of the property as co-defendants. Under Occupational Safety and Health Administration regulations and laws designed to protect workers from on-the-job injuries, there should have been adequate protection provided to prevent this fall. Protection could have been provided with restraining devices or a safety harness configuration for that worker.

The family claims in the lawsuit that when the subcontracting firm installed the roof at the 418,000-square-foot Chelsea Piers Sports Complex, owners and subcontractors were each negligent in failing to provide and follow reasonable safety procedures.

When negligence is a contributing factor to worker injuries or deaths, they are entitled to seek compensation for losses and expenses, according to worker protection laws. Employers should carry premises liability insurance in addition to complying with state and federal mandates to provide safety measures on the worksite to protect their workers. Anyone who has been injured or who has had a family member die due to employer negligence should contact their personal injury attorney for a review of his or her case.

Source: Trumbull Patch, “Trumbull-based Contractor Being Sued For Construction Accident,” Patrick Barnard, Dec. 14, 2011