Time Limit on How Long Scaffolding Can Remain in Place

Posted on January 27, 2017 by Jeffrey K. Kestenbaum

When you are walking down the street in New York, you see a copious amount of scaffolding on the buildings. When buildings are repaired, scaffolding is put up to support work crews as well as shield pedestrians below from potential hazards like falling bricks and equipment and even exposure to dust particles from the work being done.

Sometimes, scaffolding remains in place for months, even years. This could change if a proposed bill sponsored by Councilman Ben Kallos is passed, which would require scaffolding to be taken down within six months of being placed. Ideally, this would not only reduce the structures that many consider to be an eyesore, it would reduce the number of construction accidents suffered by pedestrians.

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Take Extra Care to Prevent a Car Accident this Winter

Posted on December 28, 2016 by Jeffrey K. Kestenbaum

In the winter, there are more hazards on the road that can put you at risk of being involved in a car accident. These include reduced visibility due to longer nighttime hours and winter precipitation and slippery roadways due to snow and ice. If you are a commuter who drives to and from work each day, be aware of your surroundings at all times and adjust your driving to the conditions present. Rain, snow, sleet and hail can all make your commute longer, more stressful, and more dangerous than it is during the warmer months.

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How a Heavy Machinery Accident Lawyer Can Help in NYC

Posted on November 17, 2016 by Jeffrey K. Kestenbaum

Know the Hazards of Job Site Machinery and Protect Yourself After a Construction Accident in NYC

If you are employed in the construction industry, you already understand how dangerous your job can be. Construction sites throughout Brooklyn and New York City expose workers to heavy equipment, power tools, elevated work areas, and hazardous machinery every day.

Recognizing these risks is the first step toward protecting yourself. Another critical step is understanding your legal rights if an accident occurs. If you are injured by dangerous equipment or heavy machinery, speaking with a heavy machinery accident lawyer can help you understand whether you may be entitled to compensation.

After seeking medical attention, consider contacting a job site accident lawyer NYC workers trust to evaluate your case and determine who may be legally responsible.

Construction Is One of the Most Dangerous Industries in New York City

Construction remains one of the most hazardous occupations in NYC.

According to the U.S. Bureau of Labor Statistics, there were 69 fatal work injuries in New York City in 2023. The construction sector had the highest number of fatalities, accounting for 24 deaths, or 35 percent of all workplace fatalities in the city.

Falls, slips, and trips caused 12 of those 24 construction deaths. Exposure to harmful substances and dangerous environments also accounted for a significant portion of fatalities.

The construction and extraction occupational group experienced 30 fatal injuries in 2023, the highest of any occupational category.

These numbers show that job site safety remains a serious concern across New York City.

The Most Dangerous Types of Heavy Machinery on Job Sites

Heavy machinery plays a major role in construction accidents. When equipment is improperly operated, poorly maintained, or defective, the consequences can be severe.

Common examples of dangerous machinery include:

Forklifts
Excavators
Bulldozers
Cranes
Nail guns and projectile tools
Power saws
Air compressors
Ladders and scaffolding

Although ladders may not appear as dangerous as large equipment, falls remain one of the leading causes of fatal construction injuries in NYC.

If you were injured while operating or working near heavy equipment, a heavy machinery accident lawyer NYC workers rely on can investigate whether negligence or defective equipment contributed to your injuries.

Reduce Your Risk of a Machinery-Related Injury

Safety must be a priority on every construction site.

Workers should consistently use proper protective equipment, such as:

Hard hats
Safety harnesses
Eye protection
Gloves
Steel-toe boots

All heavy machinery should only be operated by properly trained personnel. Equipment should be inspected regularly to ensure it is functioning safely.

The Occupational Safety and Health Administration, known as OSHA, provides detailed construction safety regulations. Following OSHA guidelines can significantly reduce the risk of serious injury.

Even when workers follow all safety protocols, accidents still happen. When they do, legal guidance may be necessary.

Machinery Malfunctions and Third-Party Liability

Not all job site injuries are caused by worker error. Some occur because equipment malfunctions or contains defective parts.

When faulty machinery causes harm, the manufacturer, distributor, or maintenance provider may be liable under product liability laws. In these cases, injured workers may be able to pursue compensation beyond workers’ compensation benefits.

Injuries caused by malfunctioning machinery often include:

Burns
Severe cuts and lacerations
Electrocution
Exposure to toxic substances
Broken bones
Crush injuries
Traumatic brain injuries
Spinal cord injuries

Because construction accounted for 24 of the 69 workplace fatalities in NYC in 2023, identifying the true cause of a heavy equipment accident is essential.

A heavy machinery accident lawyer can determine whether a third-party claim may be available in addition to workers’ compensation.

Worker Demographics Highlight the Risk in NYC Construction

Workplace fatality data also reveals important trends.

In 2023, wage and salary workers accounted for 91 percent of workplace fatalities in New York City. Males accounted for 90 percent of fatal work injuries. Hispanic or Latino workers represented 41 percent of those who died from workplace injuries.

These statistics emphasize how serious construction site risks remain throughout NYC.

If you or a loved one has been seriously injured, a job site accident lawyer trusted by NYC construction workers can help you explore your legal options.

Speak With a Heavy Machinery Accident Lawyer in NYC

If you were injured by heavy equipment, defective machinery, or unsafe job site conditions, you may have the right to pursue compensation.

Workers’ compensation may cover medical bills and a portion of lost wages, but it does not provide damages for pain and suffering. In many cases, injured workers can pursue third-party claims against negligent contractors, property owners, or equipment manufacturers.

An experienced heavy machinery accident lawyer, trusted by NYC residents, can investigate your case, preserve critical evidence, and fight for the full compensation you deserve.

Jeffrey K. Kestenbaum represents injured construction workers throughout Brooklyn and New York City. If you were hurt in a machinery-related accident, do not delay seeking legal advice.

Fill out our online form today to schedule your free consultation or call 718-237-5586 to speak with our office.

Brain Injuries in Sports

Posted on September 26, 2016 by Jeffrey K. Kestenbaum

Millions of young people in the United States play sports on a regular basis. From gymnastics to football, soccer to lacrosse, sports are important from a cultural, health, and social perspective. And while there is no doubt that playing sports can help children and adults to maintain physical fitness and a healthy lifestyle, as well as develop important skills, sports-related brain injuries are an emerging risk. In fact, according to a report published by S&P Global Ratings and cited by Insurance Journal, sports-related brain injuries are one of the top emerging insurance claims in both the United States and the United Kingdom.

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Sexual Assaults on College Campuses

Posted on September 21, 2016 by Jeffrey K. Kestenbaum

Incidents of sexual assault on college campuses across the United States are on the rise. In fact, according to 2015 numbers published by The New York Times, one in four women experienced sexual assault on a campus. Amongst men, the numbers are lower, but still serious – 8.6 percent. Amongst transgender students, reports of sexual assault are even higher than they are amongst females.

If you are a victim of sexual assault, it is important that you understand that you did nothing wrong, and that you have the power to take action.

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Finding a MTA Lawyer After an NYC Mass Transit Accident

Posted on August 19, 2016 by Jeffrey K. Kestenbaum

New York City is a bustling hub of commerce, entertainment, and activity. The Metropolitan Transit Authority is charged with providing safe commuter services for tourists, commuters and city-dwellers alike, and for the most part, they do this. But if you have been the victim of an accident due to your experience with MTA, you may wish to consider the words of the Civil Court of the City of New York: “When suing any government agency two key words must be kept in mind – timeliness and research. A person must act quickly in complying with that agency’s procedures and must thoroughly research the procedures involved. You may wish to seek the advice of counsel.”

Because the statute of limitations, procedural requirements and mounds of paperwork impact any accident claim, your best choice after an accident involving mass transit is to speak with an experienced and aggressive MTA & tour bus accident lawyer in Brooklyn.

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Summer Driving Accidents

Posted on July 25, 2016 by Jeffrey K. Kestenbaum

Summer is here, and that means a lot more drivers are on the road! But there is nothing worse than an automobile accident to spoil your summer fun. Although an accident is never optimal; there are special circumstances that make summer driving unique:

• Many summer travelers are busy looking for locations on their travel agenda and may be unfamiliar with the area;
• Students are out of school and on the roads, many of whom are inexperienced drivers;
• Car engines and tires are under extra stress, and heat-related breakdowns are inevitable;
• Motorcyclists, bicyclists and pedestrians are out and about, oftentimes with unpredictable actions;
• Heat-related factors may impact the number of emergency vehicles on the road.

Despite being on the lookout for danger signs, what happens if you do end up in a collision? This is when the experienced accident attorneys at the Brooklyn office of Jeffrey K. Kestenbaum can help.

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Brooklyn Slip & Fall Lawyer for Sidewalk & Stairway Injuries

Posted on July 19, 2016 by Jeffrey K. Kestenbaum

Injured in a Brooklyn Sidewalk or Stairway Fall?

A fall on an uneven sidewalk or a poorly maintained staircase can leave you with serious injuries and mounting medical bills through no fault of your own. If you were hurt in a sidewalk or stairway fall in Brooklyn, or anywhere in New York City, you may be entitled to compensation. That’s when it’s time to call an experienced personal injury attorney at the Law Office of Jeffrey K. Kestenbaum.

Sidewalk Liability Under the New York City Administrative Code

The New York City code is unambiguous: under premises liability laws, sidewalks are required to be maintained in a reasonably safe condition by the property owner abutting the sidewalk. If the walkway is actually on the premises of a property owner, that owner is obviously responsible for the maintenance of that walkway.

Poor Maintenance of a Walkway

Any sidewalk that has not been installed, constructed, paved, or repaired, or that contains a dangerous condition like excessive amounts of dirt or other materials, constitutes a failure to maintain. Additionally, raised or sunken lots comprise an unsafe sidewalk. Specifically, City Code names the following sidewalk defects as violations:

Missing sidewalk flags;
Undermined sidewalk flags;
Trip hazards related to vertical grade differentials;
Improper slope that does not allow for proper drainage;
Defects of hardware and/or structural integrity;
Lack of compliance with DOT specifications;
Improper patchwork.

The New York weather is ever-changing, and therefore, a lack of maintenance can also cause potholes, debris, accumulated snow and ice, and more. In many cases, there is someone responsible for your fall.

Are Handrails Required on Public Properties?

NYC stairs must meet the handrail and guard requirements of the building code that applied when the staircase was built. Under the current code, handrails must sit 34–38 inches above the stair nosing, with a graspable handrail generally required on both sides of egress stairs.

Any open side more than 30 inches above the floor below also needs a guard at least 42 inches high, with openings too small for a 4-inch sphere to pass through. Older buildings may fall under different measurements, so part of any stairway accident case is determining which standard applied and whether the property met it.

Questions That Can Affect Your Injury Claim

Several important factors can influence the value and outcome of your claim, including:

What is the statute of limitations on my injury?
How is my personal injury compensation determined, and how does that relate to what an insurance company will pay?
Are there any “special” damages, including medical costs, lost income, personal property damage, or out-of-pocket expenses?
Did my fall result in severe injuries like broken bones or a concussion?
What general damages related to pain and suffering can I seek?
Have there been emotional or psychological stresses due to the injury?
Has my life been negatively impacted by the accident?
Was my accident due to gross negligence on the part of the property owner?

These are the questions that the capable and efficient accident attorneys at the Law Office of Jeffrey K. Kestenbaum will discuss with you. Call (718) 237-5586 to schedule your free consultation in our Brooklyn office.

NY Employers and Safety Guidelines

Posted on June 8, 2016 by Jeffrey K. Kestenbaum

A recent ENR New York article reported that safety precautions implemented and followed by a local construction company did not prevent a city crane from collapsing at 60 Hudson Street in early February of this year. These regulations were put into place after several cranes had collapsed in New York over the past several years. The accident killed one pedestrian, and injured three others. While the news report states the company did in fact follow the precautions, this is not always the case in work-related accidents. Below is a basic understanding of who is responsible if an employer fails to follow safety guidelines and an incident occurs.

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What Happens if I Trip and Fall in a Public Park

Posted on May 31, 2016 by Jeffrey K. Kestenbaum

While parks are great places for picnics, spending time with the family or having a barbecue in the outdoors, an injury can happen on the property. Limbs from trees can come crashing down, a child may fall into a pool, or a person may trip and fall on uneven ground. For these reasons, it is important to know who may be liable for an injury suffered in a park and to understand how to pursue a lawsuit if the park is privately or publicly owned.

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