Fatal Construction Accident Leads to Criminal Convictions
A 2009 construction accident killed a Long Island man and is just now coming to resolution in court. Two contractors on the accident site were charged criminally with the worker’s death, and the family of the victim also has a lawsuit pending against the reportedly culpable companies.
Robert McGee, 59, a construction foreman from Bohemia L.I. was working at the site on Staten Island during heavy wind advisories. As he knelt on the second story floor, a wind gust brought down a 60 foot tall wall on him, crushing him.
The wall was said to be a known problem, as workers on the site had watched it sway in the wind for days prior. Knowing about the wind advisory, a colleague had called McGee before the collapse, warning him that it may be in his best interest to leave the site.
Anthony Malfi, owner of Well Built Development Corp. who erected the wall, and Michael Fazio of Woodrow Builders, LLC, both faced criminal charges in McGee’s death, something rare but not unheard of. Both pleaded guilty to misdemeanors and will serve no jail time.
The family of McGee also has a lawsuit pending in state Supreme Court, claiming that Well Built did not follow the guidelines set for constructing a commercial office building and that Woodrow Builders did not have an inspector on site to ensure the construction was built according to regulations. Both companies are named in the lawsuit.
According to Staten Island Live, “The day of the accident, several construction workers and neighbors described the wall as a tragedy waiting to happen.” One neighbor said you could see it “wobble” when a breeze picked up.
There were reportedly several things wrong with the wall, including the fact that the wall was too high and wasn’t secured in place. The rebar was also reportedly placed too far apart, and there were no adjoining walls to assist in supporting it.
Fatal construction accidents are rare, but the field of construction is still, by far, one of the most dangerous lines of work out there. The chances for injuries are great.
Equipment problems, scaffolding falls, and injuries from falling debris are just a few of the more common construction accidents that end in injury. And when these injuries happen, it’s you the construction worker that is forced to suffer.
The accident attorneys with Omrani & Taub have represented numerous construction workers who have been hurt on the job. We know how hard it is to get a fair shake from worker’s compensation and also know the stress you are under as you may be unable to work.
The good news is that you may be entitled to compensation for your injuries and your time lost on the job. Contact our offices today to discuss your construction accident and how we might be able to help you. Even if you are undocumented, you don’t deserve to suffer—call us now at 212-529-7848.
