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Once again, area news reports are covering another serious injury suffered by a construction worker. In this most recent case, a man was crushed under the weight of a debris chute that became detached while workers tried to clear a clog in the chute. Construction accidents can happen for lots of different reasons, but many times they happen because of cut corners or other failures to give workers the safety safeguards they need. When that happens, an injured worker may be entitled to compensation. If you are injured at your construction job, you should reach out promptly to a knowledgeable New York construction accident attorney about your situation.
The worker hurt by the debris chute was a man named Arian, who was a New Jersey resident but who worked for a New York-based construction firm. In February 2018, Arian’s employer assigned him to a project renovating a historic building in Tappan. While Arian was performing his work, a debris chute that went from the building’s third floor to a dumpster at ground level became clogged with construction materials. Arian and another man went inside the dumpster to clear the clog inside the chute, according to a lohud.com report.
As the men attempted to do this task, the chute became detached and fell onto Arian. The accident caused the chute to pin the worker against a wall of the dumpster. Firefighters, paramedics, ambulance corps members and police officers all jumped into the dumpster in an effort to free Arian. Police indicated that the man was crushed by the weight of the chute and was not able to breathe. He was taken to a hospital in Nyack and reported to be in critical condition, the report stated.
Arian’s horrific accident is just another reminder of how incredibly dangerous construction work can be. New York has strong laws to protect construction workers in this state, and provide an avenue for compensation when they are injured due to the failure of others to provide properly for worker safety. New York law says that you, as a worker, are entitled to a workplace that provides “reasonable and adequate protection to the lives, health and safety of all persons” working there. That includes making sure that all machinery, equipment and devices are maintained in a way that they offer proper safety protection.
In a case involving an accident like Arian’s, there may be multiple ways to pursue compensation for the harm suffered. New York law has a statutory section that says that construction workers should be protected against gravity-related risks. In this context, “gravity-related” can mean injuries where you fall, like from a scaffold or ladder, or it can mean objects falling onto you, such as a debris chute that collapses and falls onto you.
Another legal option exists in some situations. The law says that, if the site where you were hurt was in violation of safety regulations contained in New York’s Industrial Code, then that regulatory violation can establish that those legally responsible did not provide for proper site safety as required under the law.
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Photo Credit: Frank C. Muller, [CC0 License], via MarysRosaries.com
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When you have been hurt at your construction job, you likely have a lot on your mind. Worrying about how to pursue your legal case for compensation should not be one of them. Retain the skilled New York City construction injury attorneys at the law offices of Jacob Oresky. Our team has spent many years working on behalf of our construction worker clients throughout the New York metro area, including Westchester County and Long Island, to provide reliable representation and personalized attention.
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