A construction worker died from injuries sustained in a fall at a Stamford work site on October 25, 2011. The man was reportedly installing a roof at the new Chelsea Piers sports complex. In gusty wind conditions, and without wearing a safety harness, he fell 50 feet to his death around 1:00 p.m. Two of the man's brothers were present at the worksite when he fell. Emergency responders said that he was unresponsive when they arrived at the scene.
The Occupational Safety and Health Administration (OSHA) has shut down the site pending an investigation into the accident. The roofing project at Chelsea Piers is being overseen by contracting firm American Building Group. The Stamford Advocate notes that American Building Group has a history of OSHA investigations over the past several years, including violations related to scaffolding in 1999 and 2005. An August 1999 inspection led OSHA to cite the company for problems with scaffolding, electrical systems, and a shortage of personal protective equipment. It fined the company $5,400 for six violations. In 2005, OSHA fined the company $7,050 for scaffolding and heavy equipment problems. The most serious violation came in 2006, when OSHA found that the company had not adequately protected workers at an excavation site and fined the company $20,000.
Since the investigation by OSHA is still underway, it is premature to do any more than speculate on how liability may ultimately be apportioned in this case. Key questions involve the employment relationship between the worker and the general contractor, the involvement of other subcontractors in any conditions leading to the accident, and negligence on the part of the worker that might offset a contractor's liability. The answers to most of these questions are not known, either because investigations are underway or information is not available from the media. Still, they are worth exploring.
The worker's family could bring a claim for wrongful death, a type of civil suit that seeks damages from a person for negligent or intentional acts that caused someone's death. A claim against the general contractor, assuming the worker was its employee, must go through the workers' compensation system. This is a system designed to expedite workers' claims for damages, although it does not always serve workers' best interests. If a subcontractor, vendor, or other person or business was present at the site and had some involvement in the conditions leading to the accident, it may be liable under the theory of third-party liability. This is a legal theory that takes into account the often large number of separate businesses involved at a worksite simultaneously and tries to apportion liability fairly and reasonably. Finally, reports that the worker did not use safety equipment raises the possibility of contributory or comparative negligence, the idea that an award of damages to an injured person should be reduced to the extent that the injured person was also negligent in the accident. Therefore, if an injured person was 25% at fault in an accident, the defendant should only be liable for 75% of the person's damages.
Workplace accidents can have a devastating impact on a workers. When not fatal, they can significantly reduce one's ability to work and quality of life. People injured in workplace accidents may have legal rights to compensation for their damages. Contact Paul Levin, a Connecticut injury attorney, today through his website or at (888) 560-7226 for a free and confidential consultation.
More Blog Posts:
Workers Compensation, Lien issues and Personal Injury Claims, Connecticut Injury Attorney Blog, October 1, 2011
Connecticut Companies Designated Model Workplaces by OHSA Not Models of Safety, Connecticut Injury Attorney Blog, July 11, 2011
Safety In The Work Place, Connecticut Injury Attorney Blog, May 22, 2011
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