Syracuse Injury Lawyer Blog

Moments ago, a ceiling inside of the University/Snow Building, located at 120 East Washington Street, collapsed onto Steven Pallotta, a 25 year old construction worker who was on the 9th floor. According to a Syracuse.com article titled "Worker Removed From 9th Floor of University Building After Ceiling Collapses", the worker was severely injured. The cause of the ceiling collapse is unknown at this time.

"I happened to be driving by the building minutes after the ceiling collapsed," said Syracuse construction accident lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC. "From the outside, you would never know that renovations were underway inside of the this 100 year old building. I'm sure OSHA will investigate what happened."

New York State has special laws that protect construction workers injured on the job. Those safety laws, known as Labor Laws, hold property owners and general contractors liable for injuries in certain circumstances, including during construction, demolition and renovation. New York's Labor Laws may provide an injured worker and his or her family compensation in addition to benefits from Workers' Compensation.

A construction worker was injured on Friday in Plattsburgh, New York, when debris from the roof of the shopping center in which he was working fell on him. The worker was trapped by the debris until he was freed by rescue personnel. He was transported to CVPH Medical Center for medical treatment.

Construction workers, like this project supervisor, are protected by New York Labor Law sections 200, 240 and 241(6), which hold property owners and general contractors responsible for serious personal injuries that occur on construction sites.

To speak with an experienced New York construction accident lawyer, contact us at 800-336-5297 or by email at info@bottarleone.com.

According to Syracuse ladder accident attorney Michael A. Bottar, Esq., of Bottar Leone, PLLC, "hundreds of ladder accidents happen every year despite OSHA regulations that require companies to make ladders safe for construction workers to use." Some of those regulations are discussed in our recent release titled Syracuse Ladder Accident Lawyers Discuss New York Construction Site Fall and OSHA Injury Statistics.

A shocking 127 people died in 2009 due to falling of a ladder. That number rose to 129 in 2010. Fortunately, a ladder accident that occurred yesterday on Old Liverpool Road in the Town of Salina, did not result in a fatality.

Even so, worker Richard Coe was badly injured. Syracuse.com reports that Coe, 49, fell approximately twenty-five (25) feet to the ground when the aluminum ladder he was working from tipped over. Coe, who was employed by Landmark Constracting & Development Co., sustained a traumatic head injury and back injury. OSHA and Syracuse construction accident lawyers will be investigating the accident.

"New York State Labor Law section 240 may apply to this accident. While a worker cannot file a claim against his/her employer, the Labor Law gives construction workers special rights to recover from property owners and general contractors," Bottar said.

A Syracuse man died yesterday after falling into a hydro-turbine. On Monday, July 8, 2011, Wave Hydroelectric, LLC co-owner Jon C. Stranburg fell off of a walkway and into the turbine water tank below. Because the turbine was running, Stranburg was pulled below the surface of the water. According to Syracuse.com, the turbine's braking system malfunctioned.

In the State of New York, a worker cannot sue his or her employer for lost wages or pain and suffering unless he or she suffers a "grave injury." According to section 11 of the Workers Compensation law, a "grave injury" is defined as a "death, permanent and total loss of use or amputation of an arm, leg, hand or foot, loss of multiple fingers, loss of multiple toes, paraplegia or quadriplegia, total and permanent blindness, total and permanent deafness, loss of nose, loss of ear, permanent and severe facial disfigurement, loss of an index finger or an acquired injury to the brain caused by an external physical force resulting in permanent total disability."

By definition, the tank Stranburg fell into is a "confined space." A confined space is an area that limits the way a worker can enter or exit the space. Confined spaces are not intended for continuous occupancy.

Confined spaces are very dangerous. "According to a recent study, almost every attempt to rescue someone trapped in a confined space led to the death of the rescuer," said Syracuse construction accident lawyer Michael A. Bottar.

On June 29, 2011, Syracuse personal injury lawyer Anthony S. Bottar filed a New York wrongful death lawsuit on behalf of the wife and son of Robert B. Burkard, a 47 year old man who was killed when his car was struck on June 28, 2009 by a vehicle operated by Leo A. Coleman. Burkard's widow and son also sustained serious injuries in the collision, which occurred at the intersection of County Routes 54 and 125. The named defendants are several Sackets Harbor establishments, including the Boathouse, Sackets Harbor Brew Pub and Good Fellos.

As reported in the Watertown Daily Times article titled "DWI Victim's Widow Sues 3 Restaurants," Coleman admitted that he was intoxicated at the time of the accident and now is serving time in state prison.

Under New York State Dram Shop laws, all businesses that serve alcohol to customers have a duty to ensure that they do not provide alcoholic beverages to customers that are visibly intoxicated. A restaurant or bar that serves alcohol to a patron that is visibly drunk (or who may be drunk given the number of alcoholic beverages consumed over a given time period) may be liable for damages caused by the intoxicated customer, including personal injuries that arise out of a car accident that occurs after the customer leaves the bar.

Any witnesses to Coleman's alcohol consumption on June 28, 2009 are encouraged to contact Bottar Leone, PLLC, at 315-782-0004 or by email at info@bottarleone.com.

From 2000 to 2006, nearly 300 construction workers died when a trench in which they were standing caved-in on them. "There are four types of trench collapse," said Syracuse personal injury lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC, a New York law firm representing workers disabled in a trench collapse. "Each is preventable."

One type of trench collapse is known as a "soil pile slide." A soil pile slide occurs when dirt removed from the trench is piled too close to the edge. If the dirt is piled too high, becomes too wet, or is exposed to vibration fro machinery, it may slide back into the hole. Even though the soil pile slide is the most common trench collapse, it causes few fatalities. The second type of trench collapse is known as a "shear wall collapse." A shear wall collapse occurs when the top part of the trench wall breaks free from the surrounding earth and fills the trench. Shear wall collapses occur most often in clay-based soil. They occur without warning and usually result in fatalities because, on average, 2-3 yards of soil weighing 5-8,000 pounds can fill the trench. The third type of trench collapse is known as a "belly slough." A belly slough occurs when the middle part of the trench wall (i.e., the belly) breaks free from the surrounding earth and fills the trench. A belly slough usually occurs around underground utilities or where there is running water near the trench. This type of cave in usually results in deep burial and worker fatalities. The fourth type of trench collapse is known as a "lip slide." A lip slide occurs when the lip of the trench fractures and a small portion of dirt falls into the trench. Sometimes, a lip slide will precede or cause a soil pile slide or shear wall collapse.

Click here to view the CDC and NIOSH web-based training tutorial called "Trench Safety Awareness," with trench collapse animations. While trench cave-ins can be prevented with sloping, benching, shoring and shielding, many contractors fail to take steps to protect workers. Recently, OSHA found that two trenches in Hahira, Georgia were dangerous because they lacked trench cave-in protection. There was no shield system in place. While on site, OSHA also found that the contractor failed to have a ladder on site to gain safe access to the trench, that employees were exposed to unreasonable fall hazards, and that employees were not properly trained about excavation hazards.

Construction sites can be dangerous, especially where property owners, contractors and subcontractors do not protect workers from known hazards. If you were injured in a New York trench collapse and would like to learn about you right to seek compensation for, e.g., lost wages and medical bills, including but not limited to Workers Compensation, contact our legal team at 800-336-5297 or by email at info@bottarleone.com.

"New York has more than 7,000,000 acres of farmland and almost 25,000 farm families. And farming in New York, especially on our hilly landscape, can be challenging," said Syracuse personal injury lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC, a team of New York product liability attorneys.

According to the National Safety Council, the leading cause of farmer death over the past 40 years has been tractor rollovers or overturns. Many of the tractors involved in incidents leading to serious injury or death were brought into the country long ago. Some of the tractors were imported through intended channels, including authorized United States dealers and distributors. However, some of the equipment is "gray market." Gray market equipment is equipment manufactured for another market, such as Asia, but imported into the United States through private channels for resale and use.

However tractors made their way into the United States, and into the possession of New York farmers, many are not equipped with rollover protection systems (also known as ROPS). ROPS include seatbelts, as well as cabins or cages to protect an occupant from a crush injury should the equipment flip during use. "These machines may be unreasonably dangerous and, in turn, defective," Bottar said.

This year, New York State will spend as much as $100,000.00 to equip tractors with ROPS by offering a discount or subsidy to farmers of $600.00 for a ROPS system to update equipment manufactured by, e.g., Kubota, Yanmar and Caterpillar. The telephone number for the ROPS hotline is: 1-877-ROPS-R4U.

Continue reading "New York Tractor Rollover Injury and Death To Decline With ROPS Subsidy" »

"More than 400 construction accidents occur every day," said Syracuse work injury lawyer Anthony S. Bottar, Esq., of Bottar Leone, PLLC. "Aggressive deadlines and tight budgets often lead general contractors and property owners to cut corners. Unfortunately, many of these accidents are preventable."

Last Wednesday, a Binghamton construction accident led to traffic delays on the Vestal parkway, near the main entrance to Binghamton University. At or about 7:30 a.m., a construction worker was driving an excavator when the arm of the machine struck and severed a utility pole. The pole fell to the ground and downed a Time Warner Cable fiber optic line. Fortunately, no one was injured.

This was not the case with the June 3, 2010 Binghamton scaffolding collapse discussed in our entry titled Syracuse Work Injury Lawyer Consulted On Binghamton New York Construction Accident Liability.

"In this instance, the workers were lucky," said New York personal injury lawyer Michael A. Bottar, Esq. "Not everyone is. We recently represented a man who was strapped to a utility pole when it broke and fell to the ground. His pelvis was crushed in the fall. While we were able to recover $1,700,000.00 for him, he is now permanently, totally disabled. He will never be the same."

Continue reading "Binghamton New York Construction Accident Involves Time Warner Cable and Excavator: No Personal Injuries" »

"For nearly three decades, Bottar Leone, PLLC has represented people throughout the State, like 27 year old Erin Freitag, who have been injured by a municipal employee," said Syracuse personal injury lawyer Michael A. Bottar, Esq. "Sometimes municipal employees are negligent, usually by failing to properly maintain a roadway (leading to an accident), or for failing to timely remove snow/ice accumulation but, from time-to-time, we are asked to represent people involved in an incident with a municipal dump truck, garbage truck, plow or piece of heavy equipment."

According to the Watertown Daily Times, Ms. Freitag was walking through an Elm Street parking lot on March 18, 2011 when she was run over by the back tires of a Potsdam Department of Public Works front loader. Whether the Village DPW is liable for Ms. Freitag's injuries will depend on how the accident occurred. Even if media reports suggesting that Ms. Freitag was distracted are true, that does not mean that the Village does not owe her a duty of care.

"Anyone can make a mistake at any time," Bottar added. "Even an employee with a perfect safety record. Years ago, we represented a woman who was run over by a street sweeper. She was, literally, sucked-up into the machine. True story! When municipal employees finally found her inside the street sweeper bin, she was badly injured. That employee had a good safety record, but the woman should not have been run-over."

Continue reading "Injured Potsdam Woman Stable Following New York Front Loader Accident " »

The Post-Standard via Syracuse.com reports that a construction worker fell from a steel beam six stories above the ground while working on renovations of the Landmark Theatre last weeek. Fortunately, the man's fall was arrested by his safety equipment, but he was forced to dangle at the end of an 8 foot harness for over an hour while waiting to be rescued. The accident occurred during the demolition portion of the renovation, when a large piece of concrete pinned the worker's safety line to the beam. During the rescue effort, a co-worker first attached a second safety line, then he and local firefighters were able to lower the worker to the ground with a cherry-picker. The man was eventually taken to the hospital with minor injuries.

Construction accidents like these happen far more often than you would think, and while the worker in this case escaped unharmed, in many other instances the victims are not nearly so lucky. Such mishaps can result in serious injuries, including chronic pains, loss of a limb, paraplegia, and even death. Safety harnesses, hard hats, and other safety protocols are put in place to prevent such injuries at construction sites, but accidents still inevitably occur. If you were injured on the job, it is in your best interest to speak with a Syracuse New York construction accident attorney immediately. A trained lawyer can apprise you of your rights and help you pursue a course of action in your best interests.

If you need to speak with an experienced personal injury attorney, contact Bottar Leone, PLLC at (315) 422-3466, (800) 336-LAWS, or by e-mail at info@bottarleone.com. Our lawyers have successfully represented many clients who were involved in all manner of workplace accidents.

On Tuesday morning, a man was injured in a logging accident near Turin, New York according to a Post-Standard report on Syracuse.com. The man sustained several serious injuries, including a broken spine, collarbone, and ribs while trying to cut down a large conifer tree. Thankfully the man is now in stable condition after being rescued and airlifted to a nearby hospital by the local sheriff's department

In higher risk professions like logging, mining, and construction, mishaps and injuries are all too common. Injuries on the job are not only limited to dangerous occupations, however, and accidents occur in most every industry. No matter how many safety precautions are taken, mistakes are made, equipment fails, and people get hurt in workplace accidents every year. This news story shows just how severe the consequences of an unsafe work environment can be, and the injuries suffered by the victim will no doubt require a sizable amount of medical care. Treatment is expensive, and the workers compensation system is quite complex to navigate without help. If you were injured on the job, the aid of a Syracuse New York workplace accident attorney provides invaluable guidance and advice that will help get you the medical services you need and get you back to work.

To discuss your case or concerns with an accomplished personal injury attorney, contact Bottar Leone, PLLC at (315) 422-3466, (800) 336-LAWS, or by e-mail at info@bottarleone.com. Our lawyers have successfully represented clients injured in all manner of workplace accidents, so call today to put our experience to work for you.

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" »