Markhoff & Mittman, P.C. : 2018

Monday, December 3, 2018

Construction Worker Settles Lawsuit For $350,000

A man who was seriously injured while working his construction job has settled his lawsuit for $350,000.

Construction Worker Impaled By Rebar

In 2016, while cutting a section of cement with a concrete saw, a 47-year-old was seriously injured with a piece of rebar came flying out of the cement and impaled him. He was rushed to the hospital with a penetrating injury to his abdomen and underwent emergency surgery.

His injury prevented him from working for at least three months.

While he was healing, he filed a lawsuit against the construction company alleging that the saw did not have the proper guard on. The company settled out of court for $350,000.

Saw Accidents Cause Permanent Damage To Construction Workers

Whenever a saw is in use on a construction site, company owners and managers must ensure that any worker using this tool has the appropriate safety gear and that the correct saw is being used. In addition to this, workers must be trained on how to use the tool.

If an injury occurs, not only does the worker have the right to file a workers compensation claim but they may also be able to pursue a personal injury lawsuit. This lawsuit can provide the plaintiff with full compensation for their physical pain, medical bills, lost wages, and emotional trauma.

If you or a loved one need help with a workers compensation claim or are wondering if you are eligible to file a construction accident lawsuit, contact The Disability Guys at one of our local law offices:

White Plains
Markhoff & Mittman, P.C.
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004

Friday, November 9, 2018

Construction Company Managers Arrested For Assault

In the past several years, there has been a call for government officials to take action and to press criminal charges against company owners and contractors who are willfully negligent on the job. It would seem that officials are listening and taking the necessary action.

Two Men Charged After Construction Accident Involving A Crane

The site manager and branch manager for Western Waterproofing Company have both been charged with reckless endangerment and second-degree assault after two workers were seriously injured in an accident involving a mini-crane.

According to court records, the branch manager ordered the mini crane for the construction site even though none of the employees were trained or certified in its use. The site manager then ordered one of the employees to use it.

The employee who had been ordered to use the crane unknowingly overloaded it with glass and it tipped. When it fell, the boom struck two other workers, crushing them under its immense weight.

Both workers suffered serious injuries including traumatic brain injury and spinal damage. One of them is in a long-term rehabilitation center and the other requires continued medical care and assistance because his ability to walk has been compromised.

According to investigators, both the site and branch manager knew that they were ignoring regulations and even went so far as to lie to their supervisor about having the necessary permits.

This isn’t the first time that site managers have taken risks with workers lives in order to save time and money but hopefully, as more criminal charges are pressed against those involved, these types of accidents will happen less frequently.

Construction Accident Lawsuits: How Can Legal Action Help?

If you or a loved one have been seriously hurt in a construction accident, a lawsuit may help to provide compensation that will cover all medical expenses, lost wages, and physical pain and suffering.

Contact our legal team at one of our local offices to learn more:

White Plains
Markhoff & Mittman, P.C.
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004

Friday, October 5, 2018

Construction Worker Injured In Fire Near Statue Of Liberty

At the end of August 2018, three propane tanks that were sitting on a construction site on Liberty Island caught on fire. The tanks, which sat around 200 feet from the base of the Statue of Liberty, contained nearly 300 pounds of propane. Fire fighters who were called the the scene immediately ordered an evacuation of the Island because of the potential explosion and over 3,000 people were removed from the island via ferry.

It took almost two hours for the fire fighters to put out the flames.

One of the construction workers who was near the tanks when they went up in flames suffered burns and was taken to the hospital for treatment.

Burns: A Serious Injury That Can Have Serious Complications

Burns, which can be incredibly painful and can scar a patient for life, also come with a great chance of complications, the most dangerous of which is infection. Patients frequently require extensive hospitalization, surgery, and ongoing care which can cost thousands of dollars.

Workers' compensation, which should cover the medical expenses of any employee hurt on the job, can be very difficult to obtain. That's why many injured workers require the assistance of an attorney.

An experienced attorney can ensure that all claim paperwork is filled out correctly and can handle the appeals process if necessary. Without the help of a lawyer, injured workers often get their claims denied and suffer huge financial losses as a result.

White Plains
Markhoff & Mittman, P.C.
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
186 Joralemon St. #701a
Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004

Friday, September 7, 2018

Construction Worker Falls 22 Feet In New Building

The Department of Buildings has issued a stop work order at the construction site of a new building after learning about an accident which resulted in a construction worker falling 22 feet to the first floor.

Unsecured Plywood Causes Serious Accident

According to the DOB, the injured worker was at a job site in Manhattan and was working on an upper level when he took a step that would go on much longer than anticipated. The plywood he stepped on was unsecured and moved under his weight, sending him plunging to the first floor. He was rushed to the hospital where he was diagnosed with multiple injuries including a dislocated hip.

An Inspector from the DOB was sent to the location and four violations were issued, including:

1. Having open floors that were not marked.
2. Poor housekeeping throughout the entire building.
3. The absence of perimeter protections including netting.
4.The failure to safeguard persons or property.

A partial stop work order was also issued.

Falls At A Construction Site Can Kill

With the recent increase in construction jobs there has also been an increase in the number of accidents, including falls. A worker doesn't need to fall from an extraordinary height in order to sustain serious injuries like broken bones or brain trauma, which is why the DOB requires all employers to have the proper protections in place.

However, if a worker is hurt on the job they have the right to pursue a workers' comp claim which should pay for their medical expenses. To get help with your workers' comp claim, call our lawyers now.

Friday, August 3, 2018

New York Worker Injured At Three World Trade Center

A construction worker who was dismantling a wall at Three World Trade Center is just the latest in the industry to sustain an on the job injury.

Workers Sustains Non-Life Threatening Injuries In World Trade Center

According to a spokesperson for the building, the man who was injured was working to dismantle a wall, cutting through sheet rock and plywood. Although authorities have not stated how he was injured, they did note that it was a leg injury and that he was taken to a local hospital for treatment.

Construction Remains One Of The Most Dangerous Industries To Work In

There have been numerous advances in safety and technology which should prevent the majority of accidents from happening, however, many company owners and managers don't want to spend the time or the money to provide a better environment for their employees. Instead, they push for long hours and poor working conditions.

This is why OSHA & The Department of Buildings regularly inspects construction sites and fines those in charge, hoping to see some change in the number of accident which occur.

If you or a loved one were hurt while working a construction job, call our lawyers now to learn more about how the Workers' Compensation process works and how our legal team can help.

Thursday, July 5, 2018

Falling Crane Sends Three Construction Workers To The Hospital

There are many things that can accidentally be dropped over the side of a building or scaffolding during construction work, such as paint cans, tools, and wooden planking. One thing that most construction workers don't ever think they will have to dodge is a falling crane, but that's precisely what happened on June 25th, 2018.

Harlem Workers Struck By Falling Crane

At around 11:00 am, workers at an East Harlem building site were installing a curtain wall on the fourth floor of a building using a mini crane. The crane, while considered mini, is still around six feet tall and weighs thousands of pounds. Somehow, during the course of their work, the construction workers on the fourth floor lost control of the crane and rolled over the side of the building, falling to the street below.

Three workers were hit by the falling heavy machinery. All three were rushed to the hospital where one was listed as being in critical condition, another is being hospitalized for serious injuries that are not life threatening, and the third was treated for minor injuries and released.

The Department Of Buildings Investigates

The DOB has not yet issued a stop work order, however, they are still investigating the accident and may determine that those responsible should be fined.

This is just one of many construction accidents which will take place in 2018. If you or a loved one are a construction workers who was seriously injured at work, contact our experienced attorneys now to learn more about how we can help you with your workers' compensation and disability claims.

Monday, June 4, 2018

The DOB Issues Stop Work Order At Manhattan Skyscraper

City officials have stopped construction work at a Manhattan skyscraper after a 67-year-old security guard was killed on the job.

Glass Panel Dropped Off Side Of Building

At around 10:30 a.m. on May 26th, 2018, construction workers were installing glass panels on the side of a skyscraper in downtown Manhattan when the unthinkable happened - the workers who were moving the 8x14 panel lost control of it and it dropped.

The panel, which weighed several thousand pounds, fell to the ground where it struck a security guard who was on duty. He survived the initial impact but then died later at the hospital despite the quick response of firefighters and police officers.

A second construction worker was hurt and treated for his injuries.

The DOB Issues Stop Work Order

Whenever a fatal accident occurs, the Department of Buildings investigates the accident. While it may take up to six months for a full report to be filed, so far the DOB has issued a violation for failing to safeguard the worksite and has stopped all work.

While it will bring little comfort to his family, the surviving loved ones of the security guard may be able to recover compensation for his death.

The attorneys at Markhoff & Mittman can help those who were hurt on the job or the loved ones of someone who was killed on the job by assisting them with their workers' comp claim. Learn more about our law firm and how we can help. Contact us at one of our offices:

Wednesday, May 2, 2018

61-Year-Old Man Crushed By Equipment At Compost Facility

A New York company has been heavily fined after an employee was crushed to death on the job.

Compost Facility Worker Killed By Equipment

The State Department of Environmental Conservation has issued a $37,000 in fines to TNT Landscaping, Excavation, & Blacktopping. The fines came after a 61-year-old man died while working alone over the weekend.

Apparently, two pieces of equipment somehow crushed the man and the medical examiner had determined that his death was the result of severe head trauma. His body was found sometime later by a visitor to the worksite.

DEC has issued fines for failing to prevent access to the facility and for allowing the composting business to go onto land that was not authorized for use. In addition to this, OSHA may be issuing it's own fines once the investigation into the man's death is concluded.

Hundreds Of Workers Killed Each Year

Sadly this man is just one of many who will be killed on the job this year and the majority of fatalities will occur because of poor safety on construction sites. Thankfully, injured workers and the surviving loved ones of those who are killed can seek compensation through workers' comp. Although the benefits provided won't change the past, they can help to make the future a little bit more comfortable.

Learn more about our law firm and how we can help. Contact us at one of our offices:

Monday, April 16, 2018

20-Foot Scaffolding Collapses In Brooklyn Hurting Three People

Most New Yorkers don't think twice about walking under scaffolding because, due to the constant construction going on in the city, scaffolding is regularly built over the very sidewalk with a passageway for pedestrians to use. If scaffolding is constructed properly, the employees and pedestrians that come into contact with it should have nothing to fear, however, there are often structural issues with scaffolding and collapses happen frequently.

Two Pedestrians & One Construction Worker Injured

At around 11 a.m. on Saturday, April 14th, 2018, construction crews were working on breaking down scaffolding which had been constructed on Joralemon St in Brooklyn. At some point during the tear down, something went terribly wrong and a 20-foot section of the structure collapsed. The accident happened in a matter of seconds, giving victims almost no time to react.

Large peices of wood and metal fell to the ground, striking three people below, including two pedestrians who were just passing by and the construction crew supervisor. Although all of the victims are expected to recover, they did sustain serious injuries.

Although an investigation is still underway, the company in charge of the scaffolding, New Force Construction Corporation, has been fined $25,000 by the Department of Buildings for "failing to safeguard persons and property during a construction operation."

In this case, the injured worker should be able to collect workers' compensation, however, the company may be facing two lawsuits if the injured pedestrians seek to obtain compensation for the injuries that they suffered.

Workers' Comp Should Pay For Medical Expenses

Workers' comp was created so that anyone who is hurt on the job has a way to remain financially stable as they heal. But obtaining coverage is much more difficult than it should be and often, legal assistance is required.

Contact one of our law offices now to learn more about how we can help you.

Markhoff & Mittman, P.C.
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

Markhoff & Mittman, P.C.
186 Joralemon St #701a
Brooklyn, NY 11201
718-509-3599

Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004

Markhoff & Mittman, P.C.
3 Hatfield Ln. #2b
Goshen, NY 10924
845-360-9931

Tuesday, March 6, 2018

Brooklyn Construction Work Hit By Metal Beam

Although hard hats provide the human skull with protection, there are some objects that are just too large and heavy to protect anyone against - like a metal beam.

On March 1st, 2018, a Brooklyn construction worker was on the job when the worst happened - a metal beam slipped from the blocks it was placed on and fell directly on his head. The impact not only hurt his head and caused a potential brain injury, but the stress of the injury also cause his body to go into immediate cardiac arrest and he stopped breathing.

Paramedics Rush To Provide Construction Worker With Aid

Although paramedics arrived quickly on scene and coworkers administered CPR until they arrived, he still wasn't breathing when he was loaded into the ambulance.

Although a heart attack can certainly be caused by failing to eat right and exercise, researchers have found that a larger percentage than previously thought are caused by stress and often, on the job stress. On the job stress can include both physical and metal stress and the when a heart attack occurs, this is referred to as stress cardiomyopathy.

Workers like this construction worker can obtain workers' compensation for both the injuries they sustain externally in the accident and the resulting heart attack if they are lucky enough to survive both. In the worst case, when the worker dies because of the damage their body sustains, their loved ones have the right to seek death benefits from workers' comp which will help them to stay financially afloat while they deal with the loss of their family member.

Thursday, February 8, 2018

Did You Know February Is American Heart Month?

Across the country medical professionals are trying to raise awareness about American Heart Month, hoping that lives can be saved if more people understand the risk factors for cardiac events While it's true that lifestyle choices can impact heart health, few people are aware that workplace hazards can also result in damage to the heart.

What Workplace Hazards Can Damage The Heart?

There are many ways that the heart can be damaged at work. Examples include:

Falls
When someone falls from a height the impact of hitting the ground below can actually result in a rupture in the heart wall, a chamber, or one of the major arteries.

Assaults
Sadly, violent acts occur every day. If someone is stabbed or shot their heart may be pierced and the muscle damaged.

Crush Injuries
If an employee is hit by heavy machinery or has a heavy object dropped on them, not only can the upper body be crushed but extreme pressure in the abdomen can increase pressure in the chest and result in a rupture of the pericardium, the membrane which surrounds the heart.

Auto Accidents
There are many industries which require employees to travel, putting them on the road, surrounded by distracted drivers.

Does Workers' Comp Cover Cardiac Damage?
Yes, if it can be shown that the cardiac damage occurred because of a situation caused by the job, then workers' comp will cover the medical expenses. However, it can be very difficult in some situations to prove that the damage is work-related which is why it's so important to work with an attorney who has handled similar cases in the past.

Contact us at one of our offices:

Thursday, January 4, 2018

Sidewalk Collapses Sending Nail Salon Employee Falling Into Basement

When working in a nail salon, employees may anticipate that one day they will hurt by one of many accidents - burned by hot wax, a slip and fall accident on a wet spot, or pulling a muscle while lifting supplies. The last thing they expect to happen is that the sidewalk will literally crumble beneath their feet.

Nail Salon Employee Falls Into Basement

A long-time nail salon employee had just arrived for the day and was unlocking the door to the building so that she could prepare for opening. While she was insert the key, the ground below gave way and completely collapsed, sending the worker into the basement.

She survived the fall but sustained serious injuries. Luckily, passersby witnessed the accident and called 911 so it didn't take long for emergency services to arrive and extract her from the rubble. She was rushed to the hospital for treatment.

Investigators have not yet determined what caused the collapse or who was at fault, but if she chooses to apply for workers' compensation, she will likely have to fight with the insurance company.

The Scope Of Employment

In order for a workers' comp claim to be valid the employee must have been within the scope of their employment. An insurance company may argue that she technically wasn't at work yet, although part of opening a shop is unlocking the door. By working with an experienced attorney, she is much more likely to have her initial claim paid or to have a denial overturned.

Contact us at one of our offices: