The construction accident death of a young man , struck by a steel Beam that fell upon him which had not been properly secured into its concrete pocket was initially investigated by Federal OSHA last year. OSHA rendered findings that would support a finding of negligence on the part of the Builder MJM Carpentry. A deeper level of investigation, however, conducted by the Estate of the Decedent's Legal Counsel, Law Offices Of Paul Levin, has now resulted in the imminent filing of a Lawsuit against the general contractor along with the Developer and related individuals associated with the decision and profit making enterprise.
On or about November 4, 2009, the Decedent, Freddy Vazquez was working as a member of a construction crew , under the immediate supervision of the Defendants MJM Carpentry and Michael Mcgreal at a residential construction site located at 17 Birmingham Circle,located in Unionville, Connecticut. In addition to allegations of Neglignece leveled against Mcgreal, causes of action sounding in Recklessness and Unfair Trade Practices against the General Contractor and Developer have been included in the Complaint which will be returned to New Britain Superior Court. As to the specifications of Recklessness leveled against those which employed MJM caprentry they may be summarized as follows:
a. They knew that MJM failed to carry workers compensation insurance but failed to insist that it do so in order to minimize its costs and maximize its profits, placing said profits above the safety and well being of workers on its construction site.
b. They knew that MJM failed to provide proper and required tools and equipment, but failed to remedy same in order to minimize its costs and maximize its profits, placing said profits above the safety and well being of workers on its construction site.
c. They knew that MJM hired employees who lacked the requisite knowledge, education, and skill set to perform the required job, but failed to remedy same in order to minimize costs and maximize profits, placing said profits above the safety and well being of workers on its construction site..
d. They knew that MJM failed to provide adequate supervision, but failed to remedy same in order to minimize costs and maximize profits, placing said profits above the safety and well being of workers on its construction site.
e. They knew that MJM hired workers who did not sufficiently speak or understand English, nor did it hire supervisors who spoke Spanish, and that this caused breakdowns in communication, supervision and training. The decision to hire workers and MJM which conducted business in this fashion was motivated by the lower cost of said workers and the resulting increase in profits, placing said profits above the safety and well being of workers on its construction site.
Concerning the assertion of an Unfair Trade Practices Complaint, the basis of those assertions are set forth below as well:
The Public Policy of the State of Connecticut was at all relevant times intent upon assuring that those entities having a a right to control construction workplace conditions to exercise that control in a way that protects the workforce.
28.. The aforesaid public policy has been recognized in judicial decisions which have issued from both federal and State Courts and are also present in numerous OSHA safety regulations and policies as well as State Statutes which have bearing on the issues present here( see CGS 31-49 and 31-370).
29. This defendant had ,upon information and belief, a long history and understanding about the important role which accepted worksite safety standards and subcontractor hiring procedures have in assuring worker safety along with an awareness of the higher injury and death rates relative to construction activities when such standards are ignored.
30.This defendant also had, upon information and belief, sufficient background and knowledge to appreciate the need to engage only competent sub contractors with demonstrably adequate capabilities to perform work utilizing properly trained and supervised workers .
31. This defendant also had, upon information and belief, sufficient background and knowledge to appreciate the vulnerability of available non unionized laborers ,undocumented workers , and engaged MJM in order that they would take advantage of these marketplace circumstances and to engage such workers willing to accept substandard cash wages, lack of overtime pay, employer FICA and Medicare contributions, and workers compensation insurance to protect them in the event of accidental injury.
32.They utilitzed MJM as a means to benefit financially from unskilled and less expensive non employee laborers, said method of doing business given the industry and context in which it was occurring exposed all non employee laborers, the Plaintiff included, to unsafe worksite and construction practices conditions, substandard wages in violations of Connecticut's minimum wage and overtime laws as well as Federal Wage withholding laws.
33. The behavior of the defendant toward the Plaintiff and members of the public was unfair, deceptive, immoral, unscrupulous and generally lacking in decency.
As demonstrated by the results of Mr. Vazquez's fatal accident ,Serious and Fatal construction work site accidents may have deeper organizational and business enterprise related causes than just the immediate and obvious deficiencies readily observable. Holding those entities and persons who profit from sub standard behaviors and procedures that may result in avoidable injury and death to Connecticut's citizens is essential.
