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Tag Archives: fall injury

New York City subway accident injures worker

New York – Wednesday’s subway train collision occurred on the tracks that run between Queens and Manhattan. The train accident involved two trains that were apparently not carrying any passengers. Metropolitan Transportation Authority workers were aboard the subways at the time of the crash and at least one worker was injured as a result. One report shows that the trains involved in the collision were actually work trains, carrying workmen, supplies and tools. The workers were down there doing repair and construction work on the line according to union officials. However, it is still unknown what caused the work accident. That cause is under investigation by transportation safety officials but has many riders concerned. The heavy traffic and speeding trains in the system that was designed so long ago is a recipe for disaster according to some watch groups. They note that negligent maintenance and delayed repairs are all too common, placing the public at risk for injury and death. These problems, some say, are the root cause of the plethora of subway injuries and accidents in the city. Safety advocates are demanding further evaluation of the safety of the mass transit system, with an eye on specific known problem areas. These include lines with prior collisions, near misses and heavy traffic as well as dangerous curves. In addition, slip and fall hazards, platforms and stairs that have a history of trip and fall injury as well as areas of increased smoke and fumes build-up should be evaluated and corrected. You can see more about last week’s work train accident here.

Photo for illustrative purposes only. Photo Credit: Mark Mitchell [License]

Famous musician injured while working at a Midtown Manhattan concert

New York – The famous rock star musician, Marilyn Manson, was visiting NYC and performing a concert in a large concert ballroom when an object fell and hit him. The injured Manson explained that he suffered a head injury as well as a leg injury during the accident. Organizers say that the injuries occurred when a large, heavy stage prop fell from an unknown height onto the man below. He then fell backward onto the ground and possibly hit his head at that point. There is no indication whether or not Mr. Manson lost consciousness. The prop had been suspended by workers before the show onto a tall metal scaffolding column but then fell over and collapsed during the concert. He suffered broken bones from the falling object, including a fracture of his fibula in his leg, and required surgery. He was taken to the hospital by ambulance and stabilized in the emergency room before being taken to the operating room. Hospital surgeons had to repair the leg fracture with metal hardware, leaving him disabled from the accident and unable to work. Representatives for the musician noted that he will undergo additional medical treatment such as physical therapy and possibly occupational therapy. They hope that he will be able to return to work despite having had to postpone many upcoming concerts. Further details about this fall injury are available here.

Photo for illustrative purposes only. Photo Credit: Billie Grace Ward [License]

$297,500 Pre-Trial Settlement for Injuries From a Trip and Fall Accident in Queens

New York — This 88-year-old trip and fall victim claimed that his injuries were caused by negligent maintenance on the part of the owners of the driveway where the accident occurred. The elderly man’s fall injuries included a hip injury and wrist fracture. The man came to the injury lawyer experts of Morrison & Wagner and together, they filed a negligence lawsuit. In a pre-trial settlement they recovered $297,500 for the injury victim.

Illustrative Photo (Altered to obscure license plate): Alan Stanton [License]

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Damaged driveway a hazard, plaintiff claimed (VerdictSearch)

Settlement Amount: $297,500

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Court: Queens Supreme, Queens County, New York

Injury Type(s): hip – fracture; other – loss of services; wrist – fracture

Case Type: Slips, Trips & Falls – Slips, Trips & Falls, Trip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Date: January 17, 2011

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY

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Facts:

On Feb. 19, 2010, the plaintiff, 88, tripped on the sidewalk apron of a driveway that was located on the east side of 66th Avenue, between its intersections at Queens Boulevard and Saunders Street, in the Rego Park section of Queens. He fell, and he sustained injuries of a hip and a wrist.

The injured plaintiff sued the 35 owners of the residences that had access to the driveway. He alleged that the homeowners were negligent in their maintenance of the driveway. He further alleged that the homeowners’ negligence created a dangerous condition that caused his accident.

The fall victim claimed that the driveway was damaged and hazardous.

The defense was coordinated by a claims adjuster of the insurer that represented a plurality of the defendants. The defense contended that the plaintiff had been crossing the driveway on a near-daily basis for years and thusly would have been aware of any defect. The defense also contended that any defect was caused by sanitation vehicles that regularly accessed the driveway.

Injury:

The injury victim sustained a fracture of his left hip and a fracture of his left, nondominant arm’s wrist. He claimed that he suffers permanent residual pain and limitations that greatly hinder his ambulation and his performance of many of his everyday activities. He sought recovery of damages for past and future pain and suffering. His wife sought recovery of damages for loss of services.

Result:

The parties negotiated a pretrial settlement. Each defendant’s insurer agreed to pay $8,500. Thus, the settlement totaled $297,500.

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Judge: Valerie Brathwaite Nelson

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. VerdictSearch was unable to solicit feedback from defense counsel.

Multiple workers injured by construction accident in Manhattan

New York – Four demolition workmen suffered varying degrees of injuries during a work accident at the construction site where they were employed. Accounts from witnesses at the scene explain that the laborers were working on internal demolition in the building that had been undergoing extensive renovations. Heavy debris, possibly a section of a metal railing, came crashing down onto the workers, causing crush injuries. However, reports show that the men may have also suffered fall injuries after the construction debris knocked them down. Some reports noted that there was a partial building collapse that caused the accident. A large rescue force quickly arrived at the accident scene and extricated the four wounded victims, taking them to the emergency room for urgent treatment.

Investigations into the cause of the work accident are ongoing, with New York City building safety officials and OSHA investigators looking into the facts that led to the incident. Suspicions of unsafe work conditions have arisen due the history of the buildings department having shut down the very same worksite several times. Records show that the construction site had been deemed dangerous in those previous incidents but that no work injury had been reported prior to this. A statement from the owner of the building explained that there was, in fact, no building collapse and that a licensed construction site safety manager working there at the time of the accident. Find out more about this demolition accident and injured workers here.

Illustrative photo Credit: Luigi Rosa [License]

Dangerous construction accidents in New York investigated

New York – Construction injuries have, unfortunately, become an expected reality in the industry, according to work safety advocates. They say that employers sometimes shirk their responsibilities by not following safety codes and create a hazardous condition for their workers. One hardhat construction worker suffered a fall injury in the World Trade Center site when he fell from a scaffold to the ground, nearly 20 feet below. Witnesses contend that the work accident occurred because the shoring equipment was unstable and no ladder was provided by the construction company. They note that the scaffold tipped over and collapsed, causing the worker to suffer a spinal injury with back pain, fractures and a permanent disability. The man’s injuries also included broken ribs and a head injury according to doctors. Accusations against various construction companies and contractors have since arisen, claiming that employers have tried to cover up accidents and injuries. Workers have reported that bosses have ordered the clean-up of the site of a construction injury in order to hide evidence of negligence. In addition, investigations have shown that employers have been known to avoid reporting workplace accidents, with as many as 34 serious on-the-job injuries going unreported to the Occupational Safety and Health Administration (OSHA), the federal agency tasked with ensuring work safety. These accidents have been documented to have caused hips fractures, broken bones as well as neck and back injury. Worksite safety activists explain that these employers may have been trying to avoid negligence lawsuits and worker’s compensation injury claims while ignoring the damage they caused to the lives and families of the injured workers. Read details about the investigations into the unreported occupational worker’s comp injuries here.

Illustrative photo by Saberwolf116 at en.wikipedia [CC-BY-3.0], from Wikimedia Commons

Serious injury blamed on defective office chair

An office desk chair has been recalled after more than two dozen victims have fallen and been injured, including at least one serious injury. Office Depot, an office furniture and supply store, sold the desk chairs for approximately nine years and have received numerous complaints from injured workers. It is unclear as to how long the manufacturer and retail company have known about the dangers of the faulty product. It has now come to light that the welding on the bottom of the chair can break and cause a fall injury. Reports show that some of the injured victims suffered a head injury, neck and back injuries, broken hip, fractured bones as well as contusions and abrasions from falling off of the broken chair. Consumer protection specialists therefore triggered the product recall, hoping to prevent further accidents and injuries. An accident lawyer in New York explains that injuries arising from a product liability case such as this can lead to several different types of personal injury lawsuits. These may include a negligence lawsuit if the factory that produced the product, or store that sold it, knew that their product was breaking or poorly made. A workman’s compensation lawsuit may need to be filed if the injury occurred at work. In some circumstances the injured victim may need to file for long-term or even permanent disability. Find out more details on the current broken chair recall here.