Syracuse Injury Lawyer Blog

Syracuse work injury lawyer Anthony S. Bottar, Esq., was consulted on Friday by the Binghamton Sun in connection with the June 3 Binghamton New York scaffolding collapse.

News reports indicate that a subcontractor hired by Apple Roofing erected the scaffolding on Binghamton University property. That scaffolding failed and several workers were injured. According to Mr. Bottar, whose practice is limited to representation of those catastrophically injured due to construction accidents, medical malpractice, birth injuries, defective products, and dangerous structures/roadways, "[t]he owner and the general contractor are the ones responsible when a scaffold fails and it leads to injury."

NOTE: Because the property is owned by the State of New York, either individually or by and through the Dormitory Authority, there is very little time for the injured workers to act. More specifically, they have only 90 days (from the collapse) to file a document called a Notice of Intention to Claim.

According to Syracuse construction site accident lawyer Michael A. Bottar, Esq., New York State Labor Law section 240 should apply to this case. "The Labor Laws were designed to protect workers by shifting the burden of safety from the worker to those in a better position to ensure safety, such as those with better information about project safety, like the property owner and general contractor(s)."

Attorneys Anthony S. Bottar and Michael A. Bottar can be reached at 1-800-336-5297, or by email at info@bottarleone.com.

A scaffolding erected in Binghamton on June 2, 2010 collapsed yesterday, the first day it was put into use. The scaffolding, which was built alongside a dormitory as part of a multi-million dollar construction project underway at Binghamton University, was intended to be used to elevate construction workers assigned to the project.

According to the Syracuse work injury lawyers at Bottar Leone, PLLC, on June 3, 2010, six Syracuse-based Apple Roofing employees were on the scaffolding platform when it failed. Each of the men fell more than five stories to the ground, suffering severe personal injuries. One worker is in critical condition. OSHA, the organization responsible for investigating work injuries, such as New York construction workers injured in a fall, is reviewing the cause of the Binghamton construction accident.

While it is too early to tell who is responsible for the Binghamton scaffolding collapse, if anyone, there are several entities who could be responsible. By operation of the New York State Labor Laws, specifically section 240, all contractors, property owners, and their agents who are engaged in erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure may be liable for injuries where a construction worker falls from a height due to the lack of proper scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other safety devices.

Our Syracuse workplace accident lawyers, handling Binghamton construction site falls, have decades of experience handling complex work injury claims around the State of New York including, for example, a construction worker injured in the infamous Marcy Bridge collapse (global settlement of $15,650,000.00), a construction worker crushed in a delivery accident ($3,000,000.00), a construction worker injured from a fall inside the Syracuse War Memorial ($2,100,000 jury verdict), and a construction worker injured when an Adirondack mine utility pole collapsed ($1,700,000.00).

Construction site accident cases can be complicated, expensive to prove, and take time. Who you hire to represent you is critical. When you select a lawyer, make sure s/he is properly qualified, with a history of results. To contact the Bottar Leone, PLLC, legal team call 1-800-336-5297, or email us at info@bottarleone.com.

Earlier today, a scaffolding collapsed in Binghamton. Several Syracuse roofers were injured.

Pursuant to the New York State Labor Laws, namely section 240(2), all "scaffolding" or "staging" more than twenty feet above the ground must be equipped with a safety rail or suitable material properly attached, bolted, braced, or otherwise secured, rising at least thirty-four inches above the floor or main portions of the scaffolding or staging. The safety rail must extend the entire length of the scaffolding, with no openings in the platform any larger than necessary for the delivery of materials. All scaffolding must be constructed to hold four times the maximum weight placed upon the scaffolding when it is in use.

While it is too early to determine why the Binghamton scaffolding collapse occurred, there are several potentially liable entities, including the property owner and contractors working on the jobsite. An OSHA investigation is underway.

The Bottar Leone, PLLC legal team has decades of experience investigating, prosecuting and resolving complex construction site accident cases. To discuss you potential case, contact us today at 1-800-336-5297 or by email at info@bottarleone.com.

Nearly 80 Central New York employers received a letter this week from the Occupational Safety and Health Administration because of high rates of workplace injuries or illnesses. According to Syracuse New York workplace injury lawyers Bottar Leone, PLLC, the letters are intended to notify employers to take action to protect workers injured on the job and to prevent permanent disability from workplace accidents.

Some Syracuse-area employers who received a letter from OSHA include: TAG Mechanical Systems, Inc.; Metalico Aluminum Recovery; Optogenics; Hanford Pharmaceuticals; Cardinal Health; Pepsi-Cola; Estes Express; Berry Plastics; Syracuse Haulers; C&S Technical; Penn Traffic Company; Lowe's Home Centers. Utica-area employers who received a letter from OSHA include: Matt Brewing Company; and Sturges Manufacturing Company. Rome-area employers who received a letter from OSHA include: RPNH, Inc.; International Wire Group; and Conmed Corporation. Oswego-area employers who received a letter from OSHA include: Oswego Wire Incorporated; Golden Sun Bus Service; Loretto-Oswego Residential; and Sunrise Nursing Home. Watertown-area employers who received a letter from OSHA include: Car-Freshener Corporation; Tontarski, inc; and Atlas Health Care. Binghamton-area employers who received a letter from OSHA include:Johnson Outdoors Gear; Methodist HM; and Dons Automotive Mall.

What does receipt of a letter mean? Probably nothing more than an employer's employees missed an above average number of days of work. Possible explanations could include illnesses such as the flu, or accidents due to unsafe working conditions. These accidents may render a laborer unable to work and permanently disabled. In order to secure compensation for serious personal injuries, you may need to hire a Syracuse site construction accident lawyer to file a construction accident lawsuit for nerve damage, or a Utica construction site fall lawyer to file an industrial accident lawsuit for brain damage, a Rome workplace accident lawyer to file a workplace accident lawsuit for complex regional pain syndrome, an Oswego jobsite injury lawyer to file a jobsite injury lawsuit for an amputation, a Binghamton scaffolding accident lawyer to file a scaffolding accident lawsuit for paralysis, or a Watertown falling object lawyer to file a injured worker lawsuit for a concussion.

Continue reading "Central New York Injured Worker Lawyers Review OSHA Letter On Jobsite Injuries In Syracuse, Utica, Rome, Oswego, Watertown & Binghamton" »

A new scaffold design was selected by the City of New York to protect laborers working at a height and appease store owners. According to Syracuse New York construction accident lawyers Bottar Leone, PLLC, a scaffold is a temporary structure built by construction workers to elevate contractors and protect the public from falling objects. In most cases, scaffolding consists of anchors, metal pipes and planks or platforms.

The new design is called "Urban Umbrella." Like the name suggests, the new design resembles an umbrella - only upside down. Opponents to the design complain that scaffolds are already dangerous and it is reckless, at a time when scaffolding fabrication and assembly should be standardized, to encourage form over function. That is, property owners and contractors should be working toward ensuring that support posts are properly bolted to support beams, and that support beams are properly secured to planks, rather than investing time and money into whether scaffolding is pleasing to the eye of building and store owners.

Scaffolding accidents happen every day. All too often because of negligence. Indeed, 25% of laborers injured in a scaffold accident reported that they had never been trained on how to work safely on or from a scaffold. To cut down on New York construction, industrial and workplace accidents, the legislature adopted very specific laws that afford injured laborers compensation for, e.g., falls from a height. These worker protection laws are known as "Labor Laws."

Continue reading "New York Scaffolding Design Selected For Construction Worker Jobsite Protection" »

Last month, Michael A. Bottar, Esq., a Syracuse work injury lawyer with Bottar Leone, PLLC, secured $1,700,000.00 in compensation from two corporate defendants for injuries arising out of a 2006 incident that occurred at an Adirondack mine. The Syracuse construction site accident lawsuit alleged that the property owner failed to warn the worker about a rotten utility pole. The New York work injury lawsuit also alleged that the general contractor failed to provide the worker with safety measures to prevent injury should the utility pole break, and asserted that both defendants violated the New York State Labor Laws designed to protect injured construction workers. While the lineman was working on the utility pole, it broke at the base due to rot. He fell to the ground and was crushed by the pole.

The 44 year old plaintiff was permanently, totally disabled by his construction site fall. The recovery provided for nearly $1,000,000.00 in compensation for the worker's past and future pain and suffering, as well as $700,000.00 for his medical bills and lost wages.

A Binghamton demolition project is underway at 39 Charlotte Street. Yesterday, Broome County workers began deconstructing the building to make way for new construction on the street. Charlotte Street is largely industrial. Binghamton residents are hopeful that removal of abandoned buildings will increase the potential for retail expansion into the area.

While demolition of the building is a step toward beautification of the City, it is a dangerous activity that places construction workers and manual laborers at risk for accidents, injuries and permanent disability. Injured demolition workers may be entitled to compensation.

Continue reading "Binghamton Construction Accidents May Rise Following Demolition" »

Yesterday, a New York construction worker was severely injured on the job when he was struck in the head by granite slabs intended for installation as a kitchen countertop. The injuries proved fatal.

The workplace death is under investigation by the Occupational Safety and Health Administration (OSHA). If there were OSHA safety violations, or of the worker was killed due to the negligence of anyone other than his employer, his family may be entitled to compensation for his pain and suffering and wrongful death.

Continue reading "New York Construction Worker Lawyers On Workplace Injury And Death" »

Injured construction workers increase in number every day. Many workers injured on the job live in Syracuse, New York, and in surrounding Central New York cities and towns, including Watertown, Oswego, Utica, Herkimer, and Binghamton. Many injured workers file lawsuits for their injuries. Generally, those lawsuits are filed against general contractors or those who own the property where the injury occurred. Most involve claims of construction site falls, laborers struck by falling objects, scaffolding accidents and machinery accidents.

Earlier this week, the New York State Court of Appeals issued a decision clarifying New York State Labor Law Section 240, which provides that "[a]ll contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed."

The Court of Appeals held that the statute applied to the case, even though the plaintiff did not fall from a height. Rather, the plaintiff was injured when a heavy reel fell from a height and, because he was holding on to a rope wound around the reel, was propelled horizontally and sustained severe injuries to his hands. New York State's highest court ruled: (1) that the worker's injury was elevation-related, and (2) that the worker did not have to be struck by the falling object (reel) in order to recover under Labor Law 240.

Continue reading "New York Construction Accident Decision Impacts Injured Worker Rights (Runner v. New York Stock Exchange)" »

Syracuse jobsite accidents causing workplace injuries are common. According to the Department of Labor, countless workplace injuries occur every year, leading to tens of thousands of injured workers. Those most likely to suffer a workplace injury include construction workers, those working around machinery, and those involved in manufacturing and transportation.

According to a new study by the United States Government Accountability Office, many company doctors under pressure from employers are concealing workplace injuries. In extreme cases, company doctors are providing inadequate medical care to injured workers. According to a GAO survery:

* 1/3 of company doctors interviewed reported being directed by employers to provide inadequate care to injured employees to improve the appearance of company injury report logs;

* 1/2 of company doctors interviewed reported receiving pressure from company officials to minimize worker illnesses and laborer injuries; and

* 2/3 of company doctors interviewed reported knowing about employees who did not report workplace injuries because they feared company discipline.

One example of collusion between company officials and company doctors to better company safety records is the treatment of cuts. Workplace lacerations that are closed with stitches must be reported to OSHA. However, cuts that are closed with a bandage are not reported. Another example is the certification of a workplace injury, even a very serious injury, as one that requires only "first aid." Injuries treated by "first aid" need not be reported.

Tom O'Connor, executive director of the National Council for Occupational Safety and Health, commented on the GAO's findings. He stated that they were "dramatic," adding: "If healthcare professionals are being asked to not record injuries properly, then we have a pretty broken system."

Continue reading "New York Workplace Injuries Going Unreported" »

The laundry room of Faxton St.-Luke's Hospital, based in Utica, caught fire on Saturday. According to firefighters, the smoldering fire was caused by laundry lint and pipe insulation that had been ignited by sparks created by welding underway to repair a washing machine. The worker was not injured on the job and, fortunately, the fire was extinguished before any hospital patients were injured due to smoke inhalation or burned by flames.

Generally, hospital fires occur in the kitchen and other cooking areas -- as many as 1,600 each year. According to the National Fire Protection Association, as many as 52% of hospital blazes arise out of cooking-related activities. Often, this is because there is a heat source, fuel source, and poor supervision.

Very few hospital fires cause fatalities. On average, only one death per year. By comparison, the Centers for Disease Control reports that as many an 99,000 people die each year from infections acquired during a hospital admission.

Continue reading "Utica Hospital Fire Injures No Workers Or Patients" »

A lawsuit was filed last week on behalf of a Mannsville woman whose husband was killed in a construction accident last month at Hanson Aggregates, Inc. According to court documents, the man was operating a bulldozer while building a ramp on the property when he lost control of the machine and was ejected, then run-over. Court documents allege that the ramp partially collapsed, leading to the loss of control.

Continue reading "Watertown Construction Accident Lawsuit Filed For Death Of Mannsville Man" »

Highway and roadway work zones, which are the areas along many Central New York Roadways now marked by orange cones and hazard signs, are dangerous for all involved. Hundreds of car accidents occur every year in and around work zones. Many of those accidents are driver vs. driver, such as when one operator fails to slow for a work zone and rear-ends another driver. Others are driver only, such as when an operator loses control of his or her car because of construction underway at a work zone, e.g., a pavement drop off.

A handful of accidents are driver vs. construction worker, such as when a careless operator strikes a construction worker performing his or her job along the side of a roadway. Last year, there were 18 work zone related accidents - three construction workers lost their lives. A fatal work zone accident occurred in Chenango County in 2005, when a tour bus operator drove crashed the bus into a work zone and killed three construction workers.

According to the New York State Department of Transportation and the New York State Police, work zone accidents are avoidable if drivers pay attention. Under the Work Zone Safety Act of 2005, Troopers are strictly enforcing work zone speed limits to ensure that construction workers, who are responsible for maintaining our roadways, return to their families at the end of each day. The Act increased penalties and fines for work areas throughout New York State. As few as two violations can result in a New York State license suspension.

From the New York State Department of Transportation website, please remember to slow for work zones, obey posted speed limits, maintain safe distances between you and other drivers, maintain safe distances between you and construction workers, and be courteous.

Continue reading "Work Zone Accidents Are Top Priority For New York State Troopers and DOT" »

Defense medical examinations, also known as IMEs, performed by Central New York doctors working for insurance companies are were recently the subject of a statewide investigation conducted by the New York Times.

According to a New York Times review of workers' compensation case files, medical records, and patient interviews, "independent medical examinations" and the reports that follow are are frequently conducted or prepared in a fashion that benefits insurers by minimizing injuries or by attributing injuries to some other cause or event. Unlike a visit to a treating physician, an IME physician may meet with an injured worker for less than ten minutes. During that ten minute period, the IME doctor may take an abbreviated history, skim medical records, perform a very limited physical examination and send the patient on his or her way without an ounce of compassion. After that examination, the majority of IME reports conclude that the patient is not injured or, if injured, is not disabled.

Many refer to Syracuse-area IME doctors as "Dr. No" or "Dr. Says-No," because no matter how badly injured, certain doctors will consistently find no injury or no disability. The New York Times interviewed Dr. Alan Zimmerman, an orthopedic surgeon practicing in Queens, New York. According to Dr. Zimmerman, "[b]asically, if you haven't murdered anyone and you have a medical license, you get certified." Dr. Zimmerman added that its "clearly a nice was to semi-retire." Dr. Zimmerman, 75, conducts orthopedic IMEs.

IME examinations are very profitable for doctors (some earning nearly $1,000,000 per year performing examinations and testifying in court), and were poorly regulated until 2001. In 2000, a Long Island doctor conducted five IMEs in a Long Island bar. Some examiners, of course, do furnish honest examinations.

A small study conducted a few years ago at the Central New York Occupational Health Clinical Center in Syracuse, New York, revealed that the clinic's treating physicians and local independent medical examiners almost always disagreed on whether an injured worker was disabled.

Continue reading "Central New York Injured Worker Compensation Lawsuits Limited By Independent Medical Examinations" »

While much of the country is experiencing a housing slump and a decline in construction, the City of Syracuse seems immune from the trend. Last year, nearly 5,000 building permits were pulled for projects totaling more than $200,000,000.

A look around Syracuse reveals where the construction dollars are being spent. Current construction sites in and around downtown Syracuse include a $21,000,000 office building at the intersection of South Clinton Street and West Jefferson Street, a $6,000,000 renovation of the old Dupli building on West Jefferson Street, and O'Brien & Gere's move to a new building adjacent to Armory Square at Franklin and West Fayette Streets.

In addition, new townhomes are planned for Prospect Hill, the Kirk Hotel is under renovation, a new section of the Onondaga Creekwalk will be complete soon, and SUNY Upstate Medical University will soon break ground on the Central New York Biotech Center in the former Kennedy Square apartment complex. According to Syracuse Mayor Matthew Driscoll, as many as 231 rental and/or owner-occupied units will be constructed or renovated by the end of the year.

With construction underway throughout Syracuse, construction injuries are also expected to rise as unsafe jobsites, defective machinery and tight deadlines cause falling objects, falls from a height, and various other dangerous work environments that can lead to severe injury, permanent disability, and even death.

Continue reading "Syracuse Work Injury Lawyer On Onondaga Construction In 2009" »