What Lawyers Do

There is a good article in the New Jersey Law Journal, “Dying for a Paycheck: Body Count Rises as Workers Fall,” by Mark LeWinter, Esq. of Anapol Schwartz in Philadelphia, about falling accidents at construction accidents, but since it’s password-protected, unfortunately I can’t link to it. 

Statistics from article, which focuses on the prevalence of injuries to Hispanic and other foreign-born workers, include:

The National Association of Homebuilders (NAHB) recently completed the most comprehensive analysis of fatalities in the residential homebuilding industry. Falls from elevation continue to be the leading cause of fatalities…

The NAHB concluded that 28 percent of all fall fatalities were Hispanic workers and 29 percent were foreign born.

LeWinter explains what many of us plaintiff’s attorneys already know, which is that scores of illegal aliens from Mexico and Central America work in the construction industry and are subjected to hazardous conditions at their job sites. Moreover, they are often unaware of their right to have a safe work environment or otherwise are afraid to assert that right. It is these workers who suffer workplace injuries at an alarming rate.

The interests of speedy job completion, always at the forefront of owner’s and general contractor’s minds, often trump the use of proper safety equipment and fall protection devices. LeWinter suggests that OSHA enforcement of safety standards in the homebulding industry needs to be strengthened. This recommendation should be heeded. 

In New York, Labor Law section 240(1) provides a deterrent to elevation-related accidents by imposing liability upon owners and general contractors, independent of whether they had prior notice of an unsafe condition. This law is constantly under assault by special interest groups representing the insurance and construction industries. But given the spate of recent crane accidents in New York City, and the vulnerable immigrant population most in need of workplace protections, it should be kept on the books and not repealed.