Category Archives: Workplace Safety

Researchers to Identify ‘Forever Chemicals’ on Construction Sites

Yellow construction helmet placed on a concrete surface at a building site, with blurred workers and structures in the background under warm sunlight.

Construction workers face significant health risks from exposure to hazardous chemicals on the job, with per- and poly-fluoroalkyl substances (PFAS) emerging as a major concern. Known as “forever chemicals” because they don’t break down in the environment, PFAS are linked to serious health issues, including cancer, liver damage, and immune system dysfunction.

To better understand the dangers PFAS pose at construction sites, researchers have launched a groundbreaking study to assess the impact of these chemicals on workers nationwide.

“This is the first study to systematically document PFAS exposures in the construction sector,” explained Public Health Research Associate Professor Anila Bello of the Zuckerberg College of Health Sciences in an interview with UMass Lowell. “We will perform a comprehensive assessment of PFAS present in workers, the sources of the exposure, and how PFAS enter the body.”

This research seeks to shed light on a long-overlooked health risk, offering critical insights into how construction workers can be protected from harmful chemical exposure on the job.

What are PFAS and why are they so dangerous?

PFAS, or “forever chemicals,” are synthetic substances originally created to repel water, grease, and other materials from surfaces. While their versatility made them popular in a wide range of products, these chemicals are now known for their persistence in the environment and their ability to accumulate in the human body, potentially causing serious health problems.

As explained by UMass Lowell, PFAS chemicals earned their “forever” nickname because they don’t break down easily. Instead, they linger in soil, water, and even our bodies for years.

Common sources of PFAS exposure include:

  • Construction materials: Paints, varnishes, glues, and adhesives frequently used at job sites.
  • Insulation products: Especially those used for electrical wiring and other installations.
  • Water-resistant clothing: Outdoor gear and textiles designed to repel water often contain PFAS.
  • Food packaging: Grease-resistant wrappers and containers used in fast food or takeout packaging.
  • Firefighting foam: Commonly used in training exercises and emergency situations.
  • Nonstick cookware: Popular coatings like Teflon often rely on PFAS chemicals.
  • Cosmetics: Waterproof or long-lasting makeup products frequently contain PFAS.

For construction workers, the risks are particularly high due to regular exposure to PFAS in paints, adhesives, and insulation materials on job sites.

Common workplace illnesses caused by PFAS

Exposure to PFAS can lead to serious health issues for workers across various industries, including construction. These synthetic substances are linked to a range of illnesses that can develop after prolonged or repeated exposure on the job.

Common PFAS-related workplace illnesses include:

  • Cancer: PFAS exposure has been associated with several types of cancer, including kidney, thyroid, testicular, and breast cancer.
  • Kidney diseases: Workers may develop chronic kidney diseases, reduced kidney function, or even kidney failure due to exposure.
  • Liver damage: PFAS chemicals can lead to liver failure or other forms of chronic liver damage.
  • Immune system disorders: PFAS can weaken the immune system, making it harder for the body to fight infections and recover from illnesses.
  • Fertility issues: Exposure to PFAS may result in reduced fertility in both men and women.
  • Pregnancy-related complications: Pregnancy-induced hypertension and preeclampsia, which involve dangerously high blood pressure during pregnancy, have been linked to PFAS exposure.

Why are PFAS so common on construction sites?

PFAS are everywhere, with most Americans exposed to them at some point, according to the Centers for Disease Control and Prevention (CDC). However, construction workers face an elevated risk due to the nature of their work, which often involves regular contact with materials and conditions that increase the likelihood of exposure. This heightened risk is why researchers are focusing on construction workers in their upcoming study to assess the severity of PFAS-related illnesses in the industry.

Here are some key reasons why construction workers are particularly vulnerable to PFAS exposure:

  • Handling hazardous materials: Construction workers frequently work with products containing PFAS, such as paints, varnishes, adhesives, and insulation materials. Regular exposure during handling or application increases the risk of long-term health issues.
  • Demolition work: Tearing down old buildings or structures can release PFAS-containing materials into the air. This process often generates airborne particles that can be inhaled, raising the risk of PFAS-related illnesses.
  • Inhaling hazardous dust: Construction sites are filled with dust particles, many of which may contain PFAS. Without proper protective equipment, workers can inhale these particles, leading to cumulative exposure over time.

The combination of direct handling, airborne risks, and dust inhalation makes PFAS a significant hazard for construction workers.

How are researchers studying PFAS exposure?

According to the UMass Lowell article, researchers recently received a $600,000 grant from the Center for Construction Research and Training to study PFAS exposure levels among construction workers.

The Center for Construction Research and Training is funded by the National Institute for Occupational Safety and Health (NIOSH). Researchers will study PFAS levels in construction workers’ blood, urine, and stool samples.

The study will enable researchers to identify the severity of PFAS exposure among construction workers, along with which chemicals workers are being exposed to the most on the job.

“Our goal is to reduce and, when possible, eliminate PFAS exposures at the source and ultimately to minimize health risks among those who work in construction and allied trades,” researcher Dhimiter Bello said in an interview with UMass Lowell. “This, in turn, is expected to reduce PFAS-related occupational diseases.”

How an attorney can help if you’ve developed a work-related illness

Construction workers face unique and significant risks from PFAS exposure, with potentially devastating health consequences. This groundbreaking study is a critical step toward understanding and addressing the dangers of “forever chemicals” in the construction industry. But for workers already suffering from illnesses caused by PFAS, the path to justice and recovery can feel overwhelming.

If you or a loved one has developed a work-related illness due to PFAS exposure in New York, taking immediate action is essential. These cases are complex, often involving workers’ compensation claims, third-party liability, or other legal avenues to secure the compensation you need for medical care, lost wages, and future expenses.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have decades of experience fighting for construction workers in New York who have been injured or made ill on the job. Our team understands the challenges workers face, and we’re committed to pursuing every available legal option to hold responsible parties accountable.

Don’t wait to seek legal help. Contact us today to schedule a free consultation. With 12 offices across New York, including five in NYC, we’re ready to fight for you and your family.

“The firm treated me with respect and dignity and handled all my workers comp issues with ease. I highly recommend them. Thank you.” – Eduardo D., ⭐⭐⭐⭐⭐

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National Safety Council Highlights Rising Workplace Hazards

Industrial worker wearing a hard hat, safety glasses, and protective clothing in a factory setting, emphasizing the importance of personal protective equipment (PPE) and workplace safety.

The National Safety Council (NSC) recently released a report that sheds light on the increasing hazards workers face in various industries, including those in New York. As workplace safety becomes a growing concern, it’s essential for workers to understand these hazards and their legal rights after suffering a work-related injury or illness.

If you’re injured on the job in New York, a workers’ compensation lawyer from Pasternack Tilker Ziegler Walsh Stanton & Romano LLP can help ensure you receive the benefits you’re entitled to under New York law.

Work accident statistics

The NSC report highlights several troubling trends in workplace safety. For instance, in 2022, workplace fatalities in the U.S. reached alarming levels, with over 5,000 workers losing their lives due to on-the-job accidents.

Specifically, in New York City, there were 83 fatal work injuries reported in 2022, according to the Bureau of Labor Statistics. Additionally, non-fatal injuries and illnesses have continued to rise, leading to significant economic and personal impacts on workers and their families.

In New York City alone, thousands of workers suffer from non-fatal injuries annually, which can result in long-term health issues, loss of income, and high medical expenses.

Common workplace hazards

Several common hazards contribute to the rising rates of workplace injuries and fatalities, including:

  • Slip and fall accidents: These accidents are among the most frequent causes of workplace injuries, often resulting from wet or uneven surfaces, poor lighting, and inadequate safety measures.
  • Machinery and equipment hazards: Workers in manufacturing and construction are particularly at risk from machinery and equipment. Improper maintenance, lack of training, and malfunctioning equipment can lead to severe and sometimes fatal injuries.
  • Hazardous substances: Exposure to toxic chemicals and materials can cause long-term health issues, including respiratory problems, skin conditions, and cancer.
  • Ergonomic hazards: Poor workstation design, repetitive motions, and improper lifting techniques contribute to musculoskeletal disorders, which are a leading cause of workplace injuries.
  • Workplace violence: Unfortunately, incidents of workplace violence, including assaults by coworkers or customers, are on the rise and pose a significant risk to employee safety.

The role of technology in enhancing workplace safety

The NSC report emphasizes the potential of technology to mitigate these hazards and improve workplace safety. Innovative solutions such as wearable devices, safety apps, and advanced machinery with built-in safety features are transforming how employers approach safety protocols.

These technologies can monitor workers’ environments in real time, provide instant alerts for hazardous conditions, and ensure that machinery operates safely and efficiently.

“At the heart of Work to Zero’s mission is preventing worker injuries and ultimately saving lives,” said Katherine Mendoza, senior director of workplace programs at NSC, per the recent report. “Since the initiative began, what we have found is that there are numerous technology solutions available to employers to help mitigate risks and keep workers safe. However, workplace hazards are constantly evolving as job demands change, which is why it’s critical to regularly assess industry risks to better understand trends and find the right solutions.”

Injured workers have legal rights

Workers injured on the job in New York are often entitled to workers’ compensation benefits, which can cover the cost of medical expenses, lost wages, and rehabilitation costs. However, navigating the claims process can be challenging without the help of a lawyer.

At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we have extensive experience representing workers who have been injured on the job. Our highly skilled attorneys understand the nuances of workers’ compensation law in New York and are dedicated to ensuring you receive the benefits you deserve.

We also offer legal representation on a contingency fee basis, which means there are no upfront or out-of-pocket costs, and you pay nothing unless we win your case. If you or a loved one has suffered a work-related injury in New York, our law firm is here to help. Contact us today for a free evaluation to discuss your case and explore your potential options for obtaining the compensation you deserve.

“The firm treated me with respect and dignity and handled all my workers’ comp issues with ease. I highly recommend them.” – Former client.

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Workers’ Memorial Day To Be Observed On April 28

Graphic with the words "Workers’ Memorial Day. April 28."

While Memorial Day in May is widely recognized, there’s another important commemoration that often goes unnoticed: Workers’ Memorial Day. Observed in April, this day serves as a poignant reminder of the workers who have lost their lives to work-related injuries or illnesses.

According to the Centers for Disease Control and Prevention (CDC), Workers’ Memorial Day honors those who have tragically died on the job and “encourages us to think of ways in which we all can help to achieve the goal of safer and healthier workplaces.”

Our New York workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP explain the significance of this annual event and the importance of seeking legal help if you were injured while on the job.

If you’ve suffered a work-related injury or illness, you may be entitled to compensation for your losses. Seeking guidance from an experienced work injury lawyer can help you navigate the legal process and pursue the full extent of compensation you deserve.

What is Workers’ Memorial Day?

In 1970, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) created Workers’ Memorial Day. At that time, an estimated 38 people each day died as a result of work-related illnesses or accidents, according to a U.S. Department of Labor. That’s more than 13,870 work-related fatalities each year, on average.

Have work-related fatalities gone down since 1970?

The good news is that workplace deaths have decreased nationwide since 1970. In 2022, a total of 5,486 people died in work-related accidents, according to the most recent workplace fatality data compiled by the U.S. Bureau of Labor Statistics (BLS).

However, compared to more recent years, that figure is worse. For example, the year before, 5,190 people died in work-related accidents in 2021. The year before that, there were only 4,764 workplace fatalities nationwide, according to BLS data.

What are the most common causes of workplace fatalities?

Based on workplace accident data compiled by the BLS and the Census of Fatal Occupational Injuries (CFOI), some of the most common causes of workplace fatalities continue to include:

  • Work-related transportation accidents, which account for more than 2,100 workplace fatalities each year, on average.
  • Slip, trip and fall accidents, which account for more than 800 workplace deaths per year.
  • Exposure to harmful substances, which result in more than 800 deaths per year.
  • Being struck by an object or equipment at work, which accounts for more than 700 annual deaths.
  • Violence at work, which results in more than 800 deaths per year, on average.

“While significant progress has occurred since the passage of the Occupational Safety and Health Act (in 1970), much more remains to be made,” the CDC said in a recent announcement about the annual Workers’ Memorial Day event.

Protecting the rights of injured workers in NY for over 90 years.

Dealing with a serious work-related injury or illness in New York can be complicated. In most cases, you should be eligible to receive workers’ workers’ compensation benefits if you get sick or hurt at work. However, obtaining the benefits you rightfully deserve can often be much more difficult than you might expect.

Our New York City workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP can help you every step of the way. Our highly skilled legal team has decades of experience handling complicated workers’ compensation claims throughout New York and has recovered over $1 billion in awards and settlements for our clients.

Get the law firm that gets results for injured New Yorkers. Contact us and schedule an appointment with a workers’ compensation lawyer who will put your best interests first. We have 12 offices conveniently located in New York, including five offices in New York City.

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The Road Ahead: Adjusting To Life After An Injury

As an attorney who has represented injured workers for more than 27 years, I see first hand what an injury can do to workers and their families. A number of years ago I represented an injured electrician, who as a result of an overextension injury sustained on the job, ended up having multiple surgeries. Almost immediately, this once athletic, high wage earner with a beautiful family and comfortable lifestyle saw an abrupt end to the life he knew.

My client faced a debilitating injury. He was no longer able to travel, his personal relationships suffered, and his once strong physique withered away. His financial situation was dire and he was unable to afford his home. Beside the extreme physical impairment, he ended up being treated for major depression. Both the insurance carrier’s medical providers, as well as the claimant’s treating doctors in this particular case, agreed that the claimant was totally disabled or incapable of performing any meaningful work activity – a standard not easy to meet.

Many of those injured on the job may not be able to return to their prior employment. Yet, according to the law, that does not mean they are totally disabled from any employment. If they are able to perform any work activity at all then they may be considered partially disabled. The amount of weekly payments an injured person receives and the length of time an injured worker receives these benefits is dependent upon a number of factors including degree of disability and loss of earning capacity. A partial disability can be considered mild, moderate, or marked.  These degrees are further broken down into when an injury is deemed permanent to a percentage loss of earning capacity. In some cases the difference of one percent loss of earning capacity can mean the difference of a full year of additional benefits. As you can imagine, much of my practice is consumed with litigation regarding the degree of disability and the loss of earning capacity.

The road for those who are partially disabled is not an easy one. Despite the Workers’ Compensation Board’s determination that an injured person has an ability to perform some work activity, it does not always translate into being able to obtain employment. In the case of serious injuries resulting in extensive lost time, the employer may have had to fill the position or the employer may not be able to accommodate the physical limitations. This puts injured workers in a position of having to look for alternate employment that they may not be trained for. The Board recommends a number of resources available to those seeking assistance, including one-stop career centers, as well as participating in vocational rehabilitation programs and continuing education such as SUNY Educational Opportunity centers adult career and continuing education. For more information go to www.wcb.ny.gov/labor-market-attachment

Many workers who are unable to obtain employment because of their injuries apply for Social Security Disability benefits. The standard for Social Security disability is different than Workers’ Compensation and relies more on the age and ability of the injured person to be retrained and to obtain relevant future employment. Social Security Disability benefits are payable for any illness or injury and do not have to be work related. All medical conditions are considered by the federal judge when making a determination as to eligibility, including physical or emotional impairments.

While an injury on the job can be life altering, there are resources available. You may never be able to return to your pre-injury status, but knowing your options allows you the ability to have some control over your future.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Protecting Yourself At Work: What To Do If There Is An Active Shooter

As an attorney who has been practicing before the New York State Workers’ Compensation Board representing injured workers for more than 27 years, I am drawn to organizations that assist workers. That’s why I am a member of the New York Committee for Occupational Safety & Health (NYCOSH), whose mission notes that every worker has the human right to a safe and healthy workplace and that workplaces injuries are often preventable. As a member, I receive many emails with various announcements regarding workplace safety, as well as statistics of injuries and deaths that occur on the job, many of which are preventable.

It is a sign of the times that on May 23, 2017, I received an email about educating workers on how to best respond in case of an active shooter. NYCOSH, along with the New York City Central Labor Council (NYCCLC), was sponsoring the event that was meant to educate participants on what actions to take to prevent and prepare for potential incidents, including what to do when an active shooter enters the workplace. Many of the cases that make front page news are mass shootings or those in the name of terrorism. Few of us can forget the Islamic extremist, who along with his wife fatally shot 14 of his co-workers at a Christmas party. Many of us go about our workday never anticipating a disgruntled employee, a client harboring a grudge, a terrorist, or a coworker intent on robbery, who may come to our workplaces with murder on their minds. When NYCOSH set out to sponsor their recent event trying to deal with a growing problem in this country, there was no way of knowing that workplace shootings would be in the national headlines three times in just two weeks. 

Last week we were shocked and appalled by the images of Republican Senators and their colleagues being shot at by a deranged person not happy with current politics. While many of our elected officials have heavy security when they are at work in the Capital’s office buildings, these members were on a ballfield early in the morning practicing for a charity baseball game taking place the next day. Despite the close proximity of the Capitol Police there to protect Steve Scalise, the current United States House of Representatives Majority Whip, five people were shot. Thankfully the sole fatality was the shooter himself.

In Orlando in early June, a disgruntled ex-employee systematically shot and killed five coworkers and then himself. A week later, a UPS employee in San Francisco walked into a UPS facility and killed three coworkers before killing himself.

According to the Bureau of Labor and Statistics, in 2015 there were 354 homicides by shooting at the workplace. There were 307 in 2014, 322 in 2013, 381 in 2012, and 365 in 2011. Based on these statistics, it is clear that this is not an issue going away anytime soon. These are scary times and we all need to prepare for this new normal. 

While I was not able to attend the NYCOSH event, I did go to the website for the U.S. Department of Homeland Security, which offered these suggestions for responding when an active shooter is in your area.

  • Evacuate if you can.
  • Run as fast as you can and leave everything behind.
  • Just get out if possible.
  • If there is no accessible escape route, then hide somewhere and lock and blockade the door and silence any noise such as a radio or cell phone.
  • Lastly, if your life is in imminent danger, take action and try to incapacitate the shooter.
  • Throw things.
  • Use anything as a weapon.
  • Don’t go down without a fight.

It’s unfortunate that we even have to talk about protecting ourselves from active shooters. But in today’s day and age, we can never be too careful. As a mother, I worry for the safety of my children when they walk out the door as I’m sure many of you do as well. As a lawyer, I worry about the safety of workers every day on the job who are continually dealing with workplace injuries that could have been prevented.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Nail Salon Workers: Know Your Rights

The nail salon industry in New York State provides thousands of jobs. However, many nail salon employees endure unsafe working conditions. They are exposed to many chemicals; sometimes without proper ventilation. Because of this, New York State has enacted a series of nail salon reforms to protect workers’ from injuries or illnesses.

These new reforms include safety requirements that dictate that the owner of a salon must give employees protective equipment at no cost. Specifically, workers have the right to use a respirator when buffing or filing nails and using chemicals. Furthermore, workers’ have the right to use protective gloves and eye equipment. Employers must also comply with certain ventilation requirements. These changes will ensure that nail salon employees are protected. For more information regarding nail salon requirements you can visit: https://www.ny.gov/programs/nail-salon-safety-what-you-need-know.

If you get sick (in lawyer-speak “develop occupational illness”), because you are exposed to chemicals at work, you may be entitled wage replacement benefits and medical coverage through the New York State workers’ compensation system.

There is a time limit for filing your claims. The limit is the later of:

  1. two (2) years from the date of your disability and
  2. two (2) years from when you knew or should have known the disease was due to your exposure at work.

You do not need to have lost time from work to have a valid claim for workers’ compensation benefits.

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Injured As A Result of 9/11? The World Trade Center Accidental Disability Deadline Is Approaching

I recently traveled to Virginia with most of my immediate family to celebrate my father’s 80th birthday. While he is not in the best physical shape, he was clearly touched that we all came to wish him well as he celebrated this milestone birthday. As an added bonus, we also got to visit with my grandmother, Mary Walsh, who will celebrate her 109th birthday in August. 

My dad was a New York City firefighter for many years. Unfortunately, quite a few of his current health issues were caused by his exposure to smoke while battling fires during the worst years – the 1970s and 1980s – the City of New York has seen in terms of firefighting calls. Along with the smoke inhalation, years of carrying heavy packs, rescuing people and sustaining burns, broken bones, and other injuries have wreaked havoc on his body. While he saw more than his share of death and destruction, it pales in comparison to the losses the City sustained on September 11, 2001, when 411 emergency responders, including 343 firefighters, lost their lives. Even more distressing is that according to statistics, more than 850 additional first responders have died as a result of 9/11 related illness since that day. Just two weeks ago in fact, retired firefighter Robert Newman from Patchogue, Long Island, died from cancer as a result of breathing in toxins at the World Trade Center.

Many of these first responders initially retired without realizing the extent of their illnesses, and that they were entitled to compensation for their injuries. While Workers’ Compensation benefits are not available to uniformed employees of the FDNY or NYPD who participated in the rescue, recovery, or cleanup operations, they are still eligible for certain benefits.

In 2005, the World Trade Center (WTC) Disability Law took effect in New York State. This law establishes a presumption that certain disabilities for those who participated in the rescue, recovery, and cleanup at the World Trade Center and other specified sites would entitle them to accidental disability retirement benefits subject to certain criteria including when, where, and for how long they worked at a WTC site. Subsequent amendments expanded the list of individuals eligible, extended the filing deadline, and added qualifying conditions.

The bill allows many police officers and firefighters who retired with non-WTC accidental disabilities to have their retirement reclassified as an accidental disability related to the WTC disaster. Death benefit legislation enacted in 2006 provides an accidental death benefit to certain city and state employees within this same eligibility group. If approved, World Trade Center accidental disability retirement will become effective as of the date of reclassification and not retroactive to the date of retirement.  

If you are disabled, you should file an Application for World Trade Center Accidental Disability

Presumption. If you have not already done so, you must file this Notice on or before September 11, 2018. In order to preserve your right to file at some time in the future if you are presently not disabled, you will also need to file an Application for World Trade Center Notice on or before September 11, 2018.  While you do not need an attorney to represent you, it may be in your best interest to seek the advice of a professional as there are certain restrictions, deadlines, various forms, and qualifying conditions that could make filing the application difficult. 

The after effects of 9/11 continue to take their toll even after all these years, with no immediate end in sight.  We are grateful that there is at least some small consolation for our first responders who should at least not have to be worried about financial issues for themselves and their families. 

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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Cutting Corners Costs Lives: Non-Union Work Sites Twice As Dangerous As Union Sites

This large inflatable rat is a common sight at protests of non-union worksites in New York City.

As an attorney who practices in the metropolitan area, I often find myself traveling into New York City. I am amazed at the amount of construction that I see; the cityscape is changing and evolving rapidly. This construction boom means more business, a steady paycheck for workers, and more money for the city and state. Unfortunately, with the rise in construction also comes a rise in safety violations, injuries, and fatalities.

The New York Committee for Occupational Safety and Health (NYCOSH) recently issued a report called Deadly Skyline regarding construction fatalities in New York State. A summary of their findings notes that from 2006 through the end of 2015, 464 construction workers died while on the job, with falls as the leading cause of death. When a fatality occurred, safety violations were inherent in more than 90 percent of the sites inspected by the Occupational Safety and Health Administration (OSHA). The report pointed out that non-union work sites had twice the safety violations of union sites, and in 2015, 74 percent of the fatalities occurred on non-union projects with the majority of the fatalities involving Latinos.       

It is painfully obvious that shortcuts and cost-saving measures result in injury and death. Many employers use misclassification as a means to save money. Misclassification occurs when an employee is labeled as an “independent contractor” so that a business owner doesn’t need to pay Workers’ Compensation insurance, Social Security, Medicare, or unemployment taxes. Some even resort to paying employees off the books as well in an effort to save money. This may not seem troublesome until you realize that this is a one-sided deal that really only benefits the employer. According to the NYCOSH report, misclassification of workers allows an employer to skirt the safe workplace requirement as OSHA does not cover independent contractors.

Employers must provide Workers’ Compensation insurance for their employees, and typically must notify their Workers’ Comp carrier as to the number of employees they have and the type of work they do. A risk analysis is performed and then employers are assigned a premium to pay in order to cover their workers in case of injuries. If injuries occur, premiums may be increased accordingly. Obviously employers in high-risk businesses must pay more for their premiums than those with employees involved in low-risk jobs. As injuries on misclassified workers do not add to an employer’s bottom line, there is less incentive to provide safety measures if it cuts into profits.

To make construction sites safe, NYCOSH recommends adequate education and training as well as legislation to punish those whose willful negligence causes a death. They also recommend passage of the NYS Elevator Safety bill that requires the licensing of persons engaged in the design, construction, operation, inspection, maintenance, alteration, and repair of elevators. It would also preserve Section 240 of the New York Labor Law, commonly referred to as the “scaffold law,” which governs the use of scaffolding and other devices for the use of employees. Weakening the Scaffold Law would shift safety responsibility from owners and general contractors who control the site, to workers who do not control the site and are in a subordinate position.

It is a true tragedy when someone is maimed or killed in an accident that could have been prevented. Not every employer engages in these tactics, and most workplaces are generally safe spaces for workers. However, even one death is too many. 

 

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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