September 16, 2010 (Press-News.org) On March 15, 2008, a 22-story crane collapsed on East 51st Street in Manhattan, killing seven people. A little over two months later, a second crane collapsed at an Upper East Side construction site, leaving two dead, including the 30-year-old crane operator.
These two crane accidents have been at the center of multiple investigations, civil lawsuits and criminal charges against those believed to be responsible for the catastrophes.
Rigging contractor William Rapetti was one of the individuals facing criminal charges for his role in the East 51st Street collapse. This past June, a Manhattan judge acquitted Rapetti of all charges, which included second-degree manslaughter, criminally negligent homicide and second-degree assault.
City prosecutors argued that Rapetti was in part responsible for the crane collapse because he used faulty slings to suspend a portion of the crane to the building that was under construction. However, Rapetti's lawyers successfully argued that there were other contributing factors leading to the devastating crane accident, including the fact that the crane was not bolted to the ground and that shoddy steel beams had been used to fasten it to the building.
The two devastating crane collapses in New York also revealed serious corruption within the City's Department of Buildings. The Department is responsible for ensuring the safe and lawful use of nearly one million properties in New York City. It also is in charge of enforcing the City's Building Code and the state's Labor Laws, among other laws as well as issuing construction permits and crane operator licenses.
A building inspector from the Buildings Department was supposed to have inspected the crane less than two weeks before the collapse happened. Upon investigation, however, it was discovered that Inspector Edward J. Marquette had falsified the inspection report and never had visited the East 51st Street construction site.
Even though Rapetti was cleared of the criminal charges, he still faces civil negligence charges for his role in the March accident. A general contractor and the building's owner already have been convicted of civil negligence by a Manhattan judge for their part in the crane collapse.
Injured Worker Rights under New York Law
Generally when a construction worker is injured on the job, whether in a crane accident or other construction accident, filing a worker's compensation claim is the worker's only available legal remedy. Injured workers are entitled to workers' comp benefits regardless of whether they, their employer or a co-worker is responsible for the accident.
However, under New York law, workers' comp benefits may not be the sole source of recovery if another party is responsible for the worker's injury. In cases where a third party, like the general contractor or property owner, is wholly or partially at fault for the accident, then the injured worker has a right to bring a civil claim against the negligent third party.
State law imposes duties on employers, property owners and general contractors to ensure workers have a safe working environment. For example, New York Labor Law Sections 240(1) and 241(6) require general contractors and property owners to fulfill the following duties to workers:
- Labor Law Section 240(1) requires contractors and land owners of buildings larger than one and two family dwellings to furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices to give proper protection to construction workers
- Labor Law Section 241(6) requires that work done at a construction, excavation or demolition site be so constructed, shored, equipped, guarded, arranged, operated and conducted to provide reasonable and adequate protection and safety to persons lawfully frequenting the premises
Labor Law Section 241(6) also provides that the property owner can be held liable when a general contractor or subcontractor acts negligently and fails to use reasonable care to provide adequate protection and safety to the workers on the job site.
Further, the property owner can be held legally responsible even though he or she did not have control over the work site or directly supervise the area where the work was being done and did not have actual or constructive notice of any danger to the injured worker.
It is important that construction workers injured in crane accidents understand their full legal rights, including their right to bring a claim against any third-party who shares responsibility for their work-related injuries. In many cases, workers' compensation benefits may not be enough to make-up for all the losses caused by a crane or other construction injury.
Conclusion
The 2008 crane collapses in New York City brought public attention to a fact that construction workers have long known: their business is a dangerous one. Each year, thousands of construction workers across the country are injured or lose their lives.
Even though there is a complex system of local, state and federal laws meant to protect the safety of workers and ensure that they are provided with a safe work environment, this does not mean that employers always carry out the law.
For more information regarding your legal rights following a crane accident or other on-the-job injury, contact an experienced construction accident attorney today.
Article provided by Roy S. Hiller
Visit us at www.royhiller.com
Your Legal Rights Following a Crane Accident
Construction workers who are injured on the job may be able to file a worker's compensation claim or may be able to file a civil suit against the negligent party.
2010-09-16
ELSE PRESS RELEASES FROM THIS DATE:
Pennsylvania Court Considers Legal Justification for Drunk Driving
2010-09-16
A recent Pennsylvania appellate court decision involved a rarely implemented defense in a DUI/DAI case. In Commonwealth v. Clouser, the Pennsylvania Superior Court considered whether a driver was justified in fleeing danger in his vehicle even though he was intoxicated. While the trial court had denied the defendant's request to argue justification, the Superior Court held that he should have been allowed to present this defense.
Appellant Michael Allan Clouser was out at a Franklin County tavern in June of 2009 with his girlfriend. Clouser admitted at trial that he ...
Pennsylvania Field Sobriety Testing
2010-09-16
In Pennsylvania, an officer often conducts field sobriety testing prior to asking a driver to submit to a roadside breath test and making an arrest, whether the driver is suspected of intoxication during a traffic stop, sobriety checkpoint or saturation patrol. In October 2008, Pennsylvania began the Checkpoint Strikeforce Initiative, which requires each of the 15 regional state police troops to conduct random sobriety tests of drivers on most weekends. The State Police Commissioner noted that the program contributed to a record number of DUI arrests that year.
Standardized ...
The Confrontation Clause: New Meaning for The Twenty-First Century
2010-09-16
Any person accused of a crime in the United States has the right "to be confronted with the witnesses against him." It is one of the fundamental protections of the U.S. Constitution, written into the Confrontation Clause of the Sixth Amendment and guaranteed since the Bill of Rights took effect in 1791. However, our understanding of this right has evolved with time.
Last year in the case of Melendez-Diaz v. Massachusetts, the U.S. Supreme Court considered the protections of the Confrontation Clause with regard to the introduction of forensic evidence in a trial.
Prior ...
The Pressure is On: Medical Professionals Standing Up For Patient Rights
2010-09-16
Medical Whistleblowers and the Sovereign Immunity Roadblock
The heroic actions of two individuals recently brought the little town of Kermit, Texas, into the limelight. Two nurses at Winkler County Memorial Hospital found themselves in an astonishing situation after reporting suspected ethical violations of a doctor. Not only were they fired but also indicted on felony charges. Both nurses beat the indictments and later settled a civil lawsuit against the hospital, but the unexpected scenario has sparked public debate about laws protecting medical whistleblowers.
Anne ...
Shorter Sentences for Viewing Child Porn
2010-09-16
Worried parents and law enforcement officials are driving an increase in child pornography cases across the U.S. Sentences for viewing child porn range from probation to 20 years in prison, but judges are leaning toward lower sentences.
The Wall Street Journal analyzed four years of data and found a significant reduction in jail time. In 2006, about 20 percent of child porn possession and distribution cases brought sentences that fell below federal guidelines. By 2009, more than 40 percent of sentences brought such sentences, according to the Journal. In the same period, ...
Common Defenses to Workers' Compensation Claims in Pennsylvania
2010-09-16
When a worker is injured on the job, the workers' compensation system is intended to ensure that the worker receives the medical treatment necessary to recover and financial support for the resulting time away from work. However, this compensation is ultimately provided by an insurance company -- and insurance companies generally seek to avoid paying out claims when possible. Accordingly, these companies rely on a number of common, well-established defenses to avoid paying claims.
Workers' compensation claims fall into two categories: accidental-injury claims and occupational-disease ...
Debenhams Breaks New Ground with National Disabled Model Campaign
2010-09-16
Debenhams has become the first retailer on the British high street to launch a national window campaign featuring a disabled model in all of its 160 stores in the UK and the Republic of Ireland.
The ground breaking imagery features disabled model Shannon Murray, along with additional photography, mannequins and products in a display to launch the Debenhams autumn winter womenswear.
The innovative display follows an approach by Nikki Fox and Natasha Wood, both disability campaigners and presenters of the hit TV show, How to Look Good Naked, which led to a trial using ...
npower Celebrates 'Consumer Supplier of the Year' Award Win
2010-09-16
npower is celebrating after being presented with 'The Consumer Supplier of the Year' award at the first ever Energy Event Awards. The award recognises the supplier that has excelled in providing industrial and commercial consumers with an outstanding service, product or innovation.
The awards are a new addition to the annual Energy Event, which took place at the National Motorcycle Museum in Birmingham on 8-9th September 2010. The awards recognise and reward achievements in the energy industry, celebrating the suppliers and businesses that are bringing new ideas and ...
Door2Tour.com Launches 2011 Events Programme
2010-09-16
Door2Tour.com has launched its range of popular events for 2011 with a selection of breaks available, incorporating flower shows, sporting events, concerts and exhibitions. The latest programme now includes trips to over 30 events throughout the UK alone, offering traditional events like the Edinburgh Tattoo, Chelsea Flower Show and Wimbledon among newcomers like the NBA Basketball, National Brass Band Championships, Cirque du Soleil and Barry Manilow in concert.
Fresh from a hugely successful year for events where sales were up 37% on 2009, and with sales for events ...
Stena Line Announces New Onboard Children's Menu from Annabel Karmel
2010-09-16
Stena Line has announced the launch of a new menu by Annabel Karmel MBE, one of the world's most successful writers on children's food and nutrition.
Annabel has sold over 4 million books worldwide and has become the expert in getting children, no matter how fussy, to follow a healthier diet. A selection of little people's favourite dishes including Fruity Chicken Curry, Fish Pie, Spaghetti Bolognaise with hidden vegetables, Chilli Con Carne, Macaroni Cheese and Chocolate Sponge with chocolate sauce will initially be sold in all food outlets onboard Stena Line's routes ...
LAST 30 PRESS RELEASES:
Sensitive ceramics for soft robotics
Trends in hospitalizations and liver transplants associated with alcohol-induced liver disease
Spinal cord stimulation vs medical management for chronic back and leg pain
Engineered receptors help the immune system home in on cancer
How conflicting memories of sex and starvation compete to drive behavior
Scientists discover ‘entirely unanticipated’ role of protein netrin1 in spinal cord development
Novel SOURCE study examining development of early COPD in ages 30 to 55
NRL completes development of robotics capable of servicing satellites, enabling resilience for the U.S. space infrastructure
Clinical trial shows positive results for potential treatment to combat a challenging rare disease
New research shows relationship between heart shape and risk of cardiovascular disease
Increase in crisis coverage, but not the number of crisis news events
New study provides first evidence of African children with severe malaria experiencing partial resistance to world’s most powerful malaria drug
Texting abbreviations makes senders seem insincere, study finds
Living microbes discovered in Earth’s driest desert
Artemisinin partial resistance in Ugandan children with complicated malaria
When is a hole not a hole? Researchers investigate the mystery of 'latent pores'
ETRI, demonstration of 8-photon qubit chip for quantum computation
Remote telemedicine tool found highly accurate in diagnosing melanoma
New roles in infectious process for molecule that inhibits flu
Transforming anion exchange membranes in water electrolysis for green hydrogen production
AI method can spot potential disease faster, better than humans
A development by Graz University of Technology makes concreting more reliable, safer and more economical
Pinpointing hydrogen isotopes in titanium hydride nanofilms
Political abuse on X is a global, widespread, and cross-partisan phenomenon, suggests new study
Reintroduction of resistant frogs facilitates landscape-scale recovery in the presence of a lethal fungal disease
Scientists compile library for evaluating exoplanet water
Updated first aid guidelines enhance care for opioid overdose, bleeding, other emergencies
Revolutionizing biology education: Scientists film ‘giant’ mimivirus in action
Genetic variation enhances cancer drug sensitivity
Protective genetic mutation offers new hope for understanding autism and brain development
[Press-News.org] Your Legal Rights Following a Crane AccidentConstruction workers who are injured on the job may be able to file a worker's compensation claim or may be able to file a civil suit against the negligent party.