In August 2014, an experienced construction worker was involved in a serious construction accident on the job far underground during subway construction in the vicinity of 84h Street and Second Avenue in New York City. His left leg was reportedly struck extremely hard by a runaway flexible rubber hose used to deliver liquid concrete, causing the leg to shatter and a large patch of skin to be ripped from his thigh.
After being injured, Ashanti Stupart had to be raised from the underground site in a basket hoisted by a crane. He told the New York Daily News that the “psychic injury” from the experience is even worse than the physical harm. Even so, the physical recovery is arduous and includes rehabilitation for the broken leg and gaping wound.
Personal Injury Lawsuits
According to the Daily News article, Stupart has filed official notice that he intends to sue the city and the Metropolitan Transportation Authority, usually called the MTA, for $50 million. For claims against the city of New York, the MTA, or other state or local agencies, it is generally necessary to file a notice of claim within 90 days of the date of the accident.
Safety Standards
Reportedly, the subway project has a history of safety violations and fines issued by the U.S. Occupational Safety and Health Administration, known as OSHA. The victim’s lawyer was interviewed by WABC-TV as saying further that OSHA is apparently investigating whether the flexible hose in the incident was properly attached.
This particular accident raises issues about the safe use of heavy equipment in construction projects. Local, state and federal safety standards all may require that certain procedures be followed in any given situation, depending on the particular equipment or machinery and the circumstances in which it is being used.
In addition, heavy equipment should always be used according to accepted safety practices in the industry as well as manufacturer’s instructions and warnings.
Duties To Keep Construction Sites Safe
The subway-site concrete hose mishap is similar in nature to other common construction site accidents involving falling equipment or debris or out-of-control cranes. Contractors and employers have the legal duty to see that equipment, tools and materials are safely anchored, including extensions like hoses and cables that could have whiplash impacts if not properly connected to secure bases and professionally controlled.
Legal Remedies
Any New York construction worker injured on the job should file a claim for workers’ compensation, the exclusive legal remedy in most cases vis-à-vis employer liability, regardless of fault. However, there are potentially other responsible parties that may be subject to personal injury lawsuits.
It is very important to contact an experienced construction injury lawyer as soon as possible. An experienced construction injury lawyer, like one from the New York City law firm of Arye, Lustig & Sassower, P.C. (not involved in the subway case), can launch an aggressive investigation on behalf of the injured client. Knowledgeable legal counsel will ask:
- Are there any deadlines (such as a 90-day requirement for serving a Notice of Claim on state or local government agencies) that apply?
- Was any equipment involved properly positioned, anchored, maintained, repaired and utilized?
- Did the property owner or landlord of the construction site fail to repair or disclose any dangerous conditions?
- Was any involved machinery, tool or equipment defectively or dangerously designed or manufactured?
- Were any local, state or federal safety regulations violated?
- Were workers properly trained to use all equipment and machinery?
- And more
If you are a New York construction worker hurt on the job or if your loved one died while working on a construction site, be sure to consult with a New York construction accident attorney as soon as possible to understand your legal rights and potential legal remedies.
