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May 2016 Archives

Fatal Construction Fall At Luxurious East Hampton Home

A construction worker was killed today when he fell while working on an oceanfront property in tony East Hampton. The unidentified male worker, who was 55 years old, was from Ronkonkoma, New York. He was working on a property on Further Lane that was part of a record breaking $147 million sale, reported to be the most expensive sale of its kind in United States history.

A plea to drivers: leave your cellphones in your pocket

Last week, we wrote a post about texting while driving and how the charge is a difficult one for the police to process. The police aren't allowed to just look at someone's cellphone after an accident to determine if they were texting while driving or using their cellphone while driving. They have to go through an arduous process that takes months to receive the phone records they need to definitively say that a driver was distracted by their cellphone.

Suing an employer for a workplace injury: it's rare, but it can happen

In our last post, we mentioned a recent report by the New York Committee for Occupational Safety and Health which suggested possible criminal prosecution for private sanitation companies who contribute to a worker's death because of indifference or willful disregard of a legal obligation. The suggestion is an interesting one, and raises the issue of what civil remedies there may be for workers harmed under such circumstances.

Worker's Arm Severed In Elevator Accident

A worker lost part of his arm in an elevator accident this morning at 50 Broadway, in downtown Manhattan. The worker, whose identity has not yet been released, was pulled out of an elevator shaft by first responders and rushed to Bellevue Hospital. Reports indicate that first responders also rushed his severed arm, packed in ice, to Bellevue Hospital where doctors were trying to reattach it. The man reportedly remains in serious condition.

Proposed Date Of Discovery Law Is Critical Women's Rights Issue

Sometimes the application of laws can have a chilling effect on innocent victims. New York's antiquated 'Date of Discovery' laws punish a victim in the harshest of terms. The law remains without good reason. We analyze it below, using the below article to hammer home the point.

Report: private sanitation work particularly risky in New York City

Every industry, every job, involves some risk of harm, on some level. Granted, some industries and jobs present a greater risk of harm to workers than others. Construction, mining, and manufacturing, for example, certainly present a greater overall risk of harm to workers than hospitality, retail and white collar work. Here in New York City, one industry which involves significant risks for workers is private sanitation work.

Could new texting device help police process distracted drivers?

We all know that distracted driving is a clear and present danger to people out on the road. It takes our attention off the road and places it squarely on a tiny cellphone screen that absorbs our focus. Although state laws have gone quite a ways in discouraging drivers from picking up or looking at their phones while driving, you can't help but feel that enough isn't being done. Distracted drivers are still out there, and even when a police officer catches them, the case that has to be made against a distracted driver is immense, given the seemingly obvious and clear-cut nature of the charge.

For New York City road construction workers, focus must be on safety

The streets in and highways that surround New York City are among some of the most heavily traveled in the country. It's imperative, therefore, that the city's streets and area highways are regularly inspected, maintained and repaired. From filling in a massive pothole that's developed over the winter months to making major structural repairs to one of the city's bridges; construction workers who perform these types of essential jobs are at risk of being struck or backed over by motor vehicles.

Construction Accident Attorneys Applaud OSHA Rule

The Construction Accident Attorneys at Block O'Toole & Murphy welcome an about-to-be implemented OSHA rule leading to transparency concerning workplace injuries. The new rule will require companies in the construction industry, as well as other dangerous occupations, to submit statistics on workplace injuries to the Federal Government. The Federal Government will then make this information available on a public website. The rule is motivated by the belief that making injury data available to the public will cause employers to place a greater emphasis on worksite safety.

Court Backup In Bronx Becoming A Civil Rights Issue

The 6th Amendment to the United States Constitution is one of the integral components of our country's Bill of Rights. It reads, in pertinent part, that an accused shall enjoy the right to a speedy and public trial by an impartial jury . . . And to be informed of the nature and cause of the accusation; to confront the witnesses against him and to have an attorney represent his interests.

Homicide Charges In Detached Boat Death

In September 2014, we commented on a tragic accident where two bicyclists were violently struck by a boat that had just unexpectedly detached from a pickup truck in Staten Island. One of the victims, Alexa Cioffi, was killed and the other, Briana Emanuele, was seriously injured. Now, the driver of the pickup truck, Michael Khmil, is facing jail time after a grand jury indicted him on Manslaughter charges. How did this tragic accident happen and what should you know moving forward?

NYC construction workers' safety compromised by after-hour work permits

In the wake of the Great Recession, the number of new residential construction projects in New York City plummeted and remained stagnant from 2009 through 2011. Since that time, the city's economy has rebounded and today New York City is in the midst of a building boom. However, while such signs of economic progress are encouraging, they also often come at a price.

Medical Errors Are 3rd Leading Cause Of Death In U.S.

Everyone wants to trust that their medical care will help them; we all want to believe that the doctors and nurses entrusted with our care are infallible. That utopian view is one that is embraced by many people across the country. Nobody wants to believe that a doctor is capable of making a mistake in judgment or, in legal parlance, commit medical malpractice.

"Emergency Operation" Law Under Microscope After Crash

As it turns out, police cars and fire trucks can't flaunt the rules and drive any way they want - - or at least that is the direction the law seems to be moving in. A recent Brooklyn car crash offers the trial lawyers at Block O'Toole & Murphy a chance to explain the laws that apply to crashes with "emergency vehicles."

Why demolition work is dangerous work

While virtually all construction-related work is dangerous, certain projects pose additional and unique safety hazards of which employees must be made aware and trained to avoid. Among some of the most dangerous construction projects are those that involve the demolition of buildings.

Mass Remember Fallen Construction Workers

16 construction workers who died in the past 12 months while working at construction sites in New York City were remembered at an annual mass at St. Patrick's Cathedral in Midtown Manhattan. The emotional scene was enhanced by bells tolling, polished marble floors, and limestone columns.