Company owners and other managers or employers are the ones in charge of making day-to-day decisions about operations, and they are the ones in charge of providing appropriate safety equipment and training. They also set policies that can apply to employees who perform work tasks. Despite the fact construction company owners and operators are in charge of controlling how safe a worksite is, it is very uncommon for individuals in positions of power to actually be held accountable legally when something goes wrong on a worksite.
While accident victims and surviving family members of people killed on construction sites can file a claim for workers’ comp benefits with the help of a workers’ compensation law firm, it is a workers’ compensation insurer who pays for the costs of medical bills and for other covered benefits. Even when Occupational Safety and Health Administration fines a company, the fines are usually small and the fines are also usually paid by the company rather than by individuals who made unsafe decisions that led to injury. This means personal consequences for company owners and decision-makers are virtually non-existent… unless criminal charges are filed.
Criminal charges are uncommon, but the New York Post reported on one recent case in which the owner of a construction company was actually indicted.
A Closer Look at the Charges
The New York Post reported on charges that were recently filed against the construction company owner. The 66-year-old owner was charged with second degree manslaughter, criminally negligent homicide, reckless endangerment, falsifying business records, and a violation of the workers’ compensation law.
The incident which led to the charges occurred last year when a worker on a construction site in Cooney Island fell six stories to his death. The worker who was killed was pouring and smoothing concrete on a commercial building, which was supposed to have a protective fence on the elevated worksite, according to building code requirements. The worker was also supposed to have a harness on while performing work, but he was not wearing one.
The construction site owner had been served with four prior notices for violations between September 2011 and August of 2014. He had been told to provide guardrails and to use handrail systems to make sure workers did not fall. While the construction site owner did install guardrails, the rails were installed three feet from the edge of the building. Those putting concrete on the building had to climb over the barriers to do their work, which meant they were in the unprotected space between the rail and the edge. If this space had not existed or if harnesses had been provided and required, as they should have been, the death would likely not have occurred.
It remains to be seen if the company owner is actually held responsible for the fatality. The surviving family members of the deceased victim should be sure they know their right to benefits, regardless of what happens with the criminal case. New York City construction accident lawyers can help. Contact Rosenberg, Minc, Falkoff & Wolff today.
