COVID-19 Notice: Block O'Toole & Murphy is fully operational in accordance with safety regulations provided by the CDC and local health officials.
Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or video. Read more from our managing partners.
Block O'Toole & Murphy Block
O'Toole
& Murphy
Premier NY Personal Injury Lawyers

Tragic accident leads to criminal charges for construction site owner

In a previous post on this blog, we noted that workers' compensation is generally the exclusive remedy available to workers injured on the job, though there are limited circumstances where a worker may be able to sue an employer for civil damages. Such possibilities include situations where the employer is found to have committed an intentional tort against the worker, as well as when the employer failed to obtain workers compensation insurance.

At least one of these circumstances was present in the death of a construction worker last year on a site in Coney Island. The worker was apparently pouring and smoothing out concrete immediately before he fell from the sixth story of the building. The owner of the construction company that employed the deceased worker has since been charged with manslaughter and other charges in connection with the death. 

According to sources, the charge was based on the owner's failure to comply with safety regulations on the work site. Under New York's building code, workers are required to wear harnesses and elevated work sites are supposed to have protective fences to prevent falls. Previously, the owner had received notice of violations regarding the protective fence requirement, but the fencing that was installed was three feet from the edge, leaving a large space in which workers could lose their balance and fall. Nor were harnesses provided.

To make matters worse, the owner failed to obtain workers' compensation insurance and even submitted a falsified certificate of coverage to the state.

Interestingly, the worker who died in the accident was an undocumented man who was sending money to his family in Mexico. In our next post, we'll continue looking at the case and some of the other issues it raises in terms of workers compensation. 

Speak with a Qualified New York Injury Lawyer Today

Fill out our short online contact form for a FREE, immediate case review, or call us locally at 212-736-5300 today. The lawyers in our firm work on a contingency basis, so we do not collect any money unless we win your case.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Awards and Honors

These are some of the publications and organizations that have recognized our firm and individual attorneys for excellence.

Learn More
Block O'Toole & Murphy - Listed in Best Lawyers - Linking Lawyers and Clients Worldwide Best Lawyers - Best Law Firms - U.S. News The National Trial Lawyers - Top 100 Trial Lawyers Super Lawyers Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum Irish Legal 100 Martindale-Hubbell - Peer Rated For Ethical Standards and Legal Ability New York Magazine - Top Verdicts & Settlements New York Law Journal www.naacp.org - NAACP Frances Pope Memorial Foundation - Love. Support. Hope. St. John's University - School of Law St. Jude Children's Research Hospital Expertise - Best Workers Compensation Attorneys New York City 2020
Call Block O'Toole & Murphy Today For Help - 212-736-5300
CLOSE MENU  X

What can we help you find?