Tag Archives: death

MTA Workers Face Dangerous Conditions

For many of us who live in and work around New York City, taking public transportation is part the routine of our daily lives. According to the MTA’s official website, they are the largest public transportation network in the country, serving more than 15 million riders on the subways, buses, and Long Island Railroad, and they employ more than 73,000* people.   

Most of the time, our commutes are uneventful. However, we all have our own transportation horror stories to tell — trains arriving hours late or breaking down, rail lines closed for repairs or emergencies, air conditioning not working, or being in the company of an unruly, drunk, or perhaps mentally unstable individual. As commuters we expect to arrive at our destinations on time and safely. As employees, you expect to perform your duties safely and without threat of harm.

Unfortunately for many MTA employees, this is not the case. My office has handled hundreds of cases regarding injuries that occurred within the transportation system. Subway conductors and bus operators, mechanics, token booth clerks, cleaners, and track equipment maintainers are all MTA jobs that are necessary to move millions of riders each year. These MTA workers are typically represented by the Transit Workers Union Local 100, which regularly gets reports of their injured employees. Yet, while the union knows that workplace injuries are the unfortunate part of the job, the general public often does not realize the extent of just how dangerous an MTA job can actually be.

There are so many instances of workers being injured or even killed that have made the news. In March, a track worker who was making repairs died when he fell 9 feet onto the tracks. Some accidents are caused by slipping and falling on the tracks, others by lifting heavy equipment or as a result of sitting long hours in a fixed position. Some work-related injuries occur because of unsafe work conditions. Some occur in the absence of fault. Unfortunately, there seems to be a rising trend of injuries occurring when workers find themselves in the line of fire from riders.

Recently there were a string of pepper spray attacks on bus drivers. Two occurred in Brooklyn on the same day, with more following just a few days later. Thankfully the drivers suffered only minor injuries. In June, a conductor in Brooklyn was attacked, and a month later another was attacked in Queens. In August, video was released of a subway conductor being punched by an angry couple upset that their train schedule was changed.

And if all of these incidents were not bad enough, sadly, three Transit workers died this year from illnesses contracted working at Ground Zero after the terrorist attacks in 2001.  

The increase in attacks on transit workers is outrageous and in a rare display of solidarity, both the Transit Workers Union and the MTA have united in their efforts to put an end to the attacks on workers.   While riding public transportation is getting more and more frustrating, the answer is not to attack the working men and women who work for the transit system. The majority of time something has gone wrong, it’s not their fault. Everyone, no matter what industry they work in, expects and deserves to have a safe work space free from assaults and injuries.

*2017 statistics from the official MTA website.

 

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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Proposed Legislation Threatens To Eliminate 100 Years Of Progress

More than a century ago, 146 garment workers, mostly women, died when a raging fire trapped them behind doors that were locked by their employer to prevent perceived theft. They died of smoke inhalation or falls while trying to flee the fire, or were burned alive because they were unable to get out.  In order to save money and increase profits, their employer had previously refused to install sprinkler systems and provide working fire equipment. Despite clear fault on their part, the employers were cleared of any wrongdoing in what is known as the Triangle Shirtwaist Factory Fire in 1911.

Protracted lawsuits filed against them by the families of the dead were eventually settled for $75 per life lost. While this tragedy temporarily outraged the public and forced public officials to improve worker safety, which was the impetus for Workers’ Compensation legislation, years later workers are still getting injured, maimed, and killed and are not at all compensated adequately for their injuries.

I recently read a story in the New York Post about an incident that took place 10 years after the Triangle Shirtwaist Factory Fire about young women who were hired to paint watch dial numerals and hands with radium.  At the time, these young ladies were unaware of the dangers of radium, which is highly radioactive with exposure that can result in cancer and other illnesses, as well as death. The women would dip their paint brushes in the radium and then paint the watches. Since the brushes needed to have a fine point, they would put the tip of the paint brush in their mouths. They were never informed of the dangerous nature of their work. 

It appears that at least some, if not all, of the managers and owners of the factory knew of the dangers, but almost nothing was done to discourage the practice as it would have slowed down the work and thus reduced profits. Within a number of years, many of these women became quite ill and died torturous deaths. There was very little investigation by the Department of Labor, which was pro- business and worker safety was low on their list of priorities. Once the dying women learned that they had been poisoned by the radium, a law suit was filed. Despite the fact that the women’s skin was perpetually glowing, the company fought against the claim for years hoping they would die before they could testify, but eventually agreeing to a meager monetary settlement. 

Both tragic stories are similar in that worker safety was very much ignored in favor of profits. The hope for monetary compensation was pretty much a David and Goliath battle with big business and insurance companies pitted against the sick and injured. Neither was a fair fight.

Here we are, 100 years later and still fighting a battle against greed. Once again, big business in the form of the Business Council is using its vast resources to try to get Albany to again reduce the benefits given to injured workers in this state. Those people who now are unable to obtain adequate wage replacement or medical treatment, whose lives are uprooted, or have lost their homes and their hope for a healthy future are engaged in a battle that they are financially, physically, and emotionally unable to fight alone. 

You can help by contacting your State Senator and Assemblymember to vote against any bill that would reduce benefits to injured workers. Injured workers include those who have built your towns and cities, who have watched your children, who have served you at restaurants, and who have taken care of your sick. They are your family, your friends, and your neighbors – and they need you to help them battle Goliath. 

 

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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In Complicated Times, Police Who Risk Their Lives Still Need Support

Last week was a very bad one for police officers across the country, starting with the separate police shooting of two unarmed men. These shootings – days apart in different parts of the country – sparked widespread outrage and protests throughout the country. 

While the investigation continues into the circumstances surrounding these civilian shootings, video evidence suggests the outrage over these shootings appears to be justified. The week ended with the assassination of five police officers in Dallas who were providing protection to citizens engaged in a peaceful protest over the shootings of the unarmed men. The gunman indicated he had killed the police officers in retaliation for the shooting deaths. This was the worst loss of life for the police department since September 11, 2001.  Additionally, seven police officers were injured in the attack.

These horrific events highlight the difficult job that police face every day. While not all police officers are perfect (in fact, who amongst us is?), most don’t begin their shifts with the mindset that they are going to kill a civilian. Most see their role as keeping the peace and protecting citizens. They do, however, wonder many times whether they will make it through their shift safely and return home to their loved ones.    Unfortunately, they are not always immune to death and injury.   

As an attorney who has represented many law enforcement officers injured on the job, I know the majority of them receive medical treatment and may have a period of convalescence, but then are able to return to work. However, some sustain serious and career-ending injuries. Most police officers in New York City and Long Island are likely a member of a Civil Service Retirement System. If so, and they become permanently disabled from performing their specific job duties, they may be eligible for a life-long disability pension.

There are many pension systems in the state, all with different applications, rules, procedures, and guidelines. Each disability pension has its own statute of limitations and guidelines for eligibility. There are different pensions available, ranging from one-third to three-quarters. Just because you were injured on the job does not mean you are automatically entitled to the three-quarter pension, which would enable you to receive 75% of your previous year’s earnings. 

Although not always relevant, how police officers are injured on the job can impact whether they are entitled to a three-quarter disability pension. Additionally, just because they were injured while working does not automatically mean they are entitled to a three-quarter disability pension. Factors that get taken into account are issue of causation, medical evidence from the officer’s own doctor, and the retirement system’s medical board. It is not always an easy process for our law enforcement personnel to receive reasonable retirement benefits, but it should be. Day in and day out, they protect the citizens of our cities and our states, putting their own lives at risk simply because they are dressed in blue. 

There is a huge spotlight this week on police, and rightfully so, as there is so much mistrust and anger regarding the recent events. There needs to be an honest, open dialogue where those aggrieved are given the opportunity to be heard without fear of reprisal, just as the police department needs to be given the opportunity to have investigations completed before a rush to judgment. While the majority of police officers are honest and hardworking, those who fail to uphold their oath should be punished.

Police officers are sworn to protect and serve; they run toward trouble when we run away from it. They patrol neighborhoods that are dangerous, riddled with crime, where we are taught to avoid them. They put their lives on the line every day, knowing they might never return to their families. Yes, this has been a very tough week. Let’s hope that future discussions help bridge the gap between our police and the citizens they are sworn to protect.

 

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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Improving Construction Safety – A Path Reducing Unnecessary Injuries And Deaths

Partner Chris Latham Supports Construction Site Safety At City Hall Rally

As an attorney who has represented thousands of injured workers in my career, I have seen first hand some of the serious and deadly injuries that occur in the construction trade. Last year I wrote a blog on the construction trades and discussed a report issued by the New York Committee for Occupational Safety and Health (NYCOSH) claiming that while the construction industry employs less than 4 percent of New York’s workers, it claims nearly one-fifth of work-related deaths – making it the deadliest industry in the state. The report went on to mention that half of the fatalities were immigrant workers who did not have the protection of unions. Unfortunately, the past year has not seen any major improvements.    Injuries at construction sites are up 78 percent this year alone and there have been 16 deaths, mostly immigrant, non-union workers.  

The New York Times published an investigation on construction fatalities and noted that an increase in construction and the urgency to finish projects quickly has resulted in shortcuts and inadequate training for workers. Many of these workers have not been properly instructed or lack adequate supervision and are more likely to be injured or killed. The unions maintain that if these job sites were staffed with union trades, there would be a noticeable decrease in injuries and death. Those who are new to the union, called apprentices, work under the supervision of those who are senior and more experienced. While union projects may cost more than non-union jobs, unions point to the increase in accidents and deaths as a direct result of non-union contractors putting profits ahead of safety. 

If you work in downtown Manhattan you probably saw or heard about the Rally for Workplace Safety held on December 10. Thousands of construction workers united in a massive protest outside City Hall calling for safer work sites, better working conditions for construction workers, and union protection.  So many different trades were on site, all with the purpose of calling attention to unsafe workplace issues. My brother in law, a steam fitter who was present during the rally, noted that there was a procession with 17 coffins that represented the 16 who have already died, and one for the next unlucky worker. Before the protest, a hard hat was placed at the site of where each one of these workers perished.

Fortunately, there are some positive steps being taken. Councilman Rory I. Lancman of Queens has introduced a bill to compel the Buildings Department to report safety violations to the Occupational Safety and Health Administration (OSHA). Additionally, Councilman Corey Johnson of Manhattan, on his website noted that he is supporting legislation that would require workers at buildings taller than 10 stories to pass mandatory apprentice training overseen by unions.  

While construction trades will never be 100 percent safe, they most definitely can be safer.  These protests and legislation are a small but positive step in trying to decrease the likelihood of unnecessary injuries and death.

 

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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Testosterone Drug Use: Watch Out for Dangerous Side Effects

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

Beware of testosterone drugs. 

Drugs to raise testosterone levels have very dangerous side effects. The drugs come in the form of prescription drugs, patches, creams, gels, deodorant or spray. These heavily promoted drugs have been linked to increased heart attacks, strokes, pulmonary embolism, blood clots, and death. For instance, men older than 65 taking such drugs are two times more likely to have a heart attack during the first 90 days of use than those who don’t take the drug. That is a sobering, if not outright scary, situation. Men younger than 65 with histories of heart disease are also twice as likely to have heart attacks during the first 90 days of use. 

Human nature and the desire to be healthy, strong and youthful appearing will draw many men to these drugs, particularly with the heavy advertising on TV, radio, online and in traditional print that the public is exposed to currently. The lure of a Fountain of Youth is hard to resist but also very dangerous. 

Sadly, there have been many other instances of new drugs that have been heavily promoted that have had dangerous side effects. The law has provided damages for the now millions of people who have been damaged by various dangerous drugs with serious side effects. I recommend looking into your legal rights if you or a loved one suffered a heart attack, stroke, pulmonary embolism, blood clots or death while taking testosterone replacement drugs or after taking such drugs. Feel free to contact me, and I can arrange for a consultation with lawyers with special knowledge, experience and good ethics to help you or your family member.

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The Toxic Cloud Over the US EPA

Today’s post comes from guest author Jon Gelman, from Jon Gelman, LLC – Attorney at Law.

Chromium IV is a deadly cancer causing substance. In September 2010 the scientists came to the conclusion that even a small amount of the chemical compound found in drinking water could be fatal if consumed. Today the PBS NEWSHOUR airs a documentary, EPA Contaminated by Conflict of Interest,  on how the chemical Industry is quietly delaying implementation of regulation of Chromium IV.

The compound, hexavalent chromium, gained infamy in the Oscar-winning film Erin Brockovich, based on the David-vs.-Goliath legal duel between desert dwellers in Hinkley, Calif., and Pacific Gas & Electric Co. The film ends in Hollywood fashion, with the corporate polluter paying $333 million to people suffering from illnesses.

Companies with a stake in chromium have borrowed from the Big Tobacco playbook, 
using science to create doubt.

But in real life, the drama continues. More than 70 million Americans drink traces of chromium every day, according to the Environmental Working Group, a nonprofit research organization.

 

TOXIC INFLUENCE is an ongoing series of reports exploring the nexus between industry, science and policy. This story is being produced in partnership with the Center for Public Integrity.

 ….
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
 
Read more about Chromium IV and Workers’ Compensation
Workers’ Compensation: Hexavalent Chromium Cleanup …
Oct 25, 2012
Areas underneath the building, located at 125 Clark Street, are contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. The EPA continues …
http://workers-compensation.blogspot.com/
Defense Department to Investigate Hexavalent Chromium Exposure
Oct 03, 2009
The US Department of Defense has announced that it will investigate emerging environmental and health risks arising from chemical exposures. One of the particular areas of concern is the exposure to hexavalent chromium …
http://workers-compensation.blogspot.com/
Workers’ Compensation: Soldiers Exposed to Chromium in Iraq File …
Jun 09, 2009
Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims against KBR (Kellogg, Brown & Root), …
http://workers-compensation.blogspot.com/
OSHA Adds Hexavalent Chromium to Shipyards Standards
Jul 10, 2009
Hexavalent chromium [Chromium (VI) [hexavalent chromium or Cr(VI)]”means chromium with a valence of positive six, inany form and in any compound.] has been added to the list of air contaminants whose concentrations …
http://workers-compensation.blogspot.com/
 
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NY Roofing Contractor Fined for Falling Short on Fall Protection

The Occupational Safety and Health Administration (OSHA) works to save workers’ lives throughout New York by fining employers who fail to comply with workplace safety standards. OSHA cites any employer who fails to comply with safety requirements, but one of the top problems that lead to OSHA citations is a failure to provide adequate fall protection.

OSHA reports that one company in New York was fined a total of $159,250 recently for failures to protect workers from falling as they performed work on roofing projects. Our Manhattan work injury attorneys know this employer was just one of many in New York who fail to embrace solutions that would limit or prevent falls in the workplace.

Falls Are a Common & Dangerous Workplace Accident

OSHA assessed the New York roofing contractor a large fine for the lack of fall protection in part because the offense was a repeated violation. The employer knowingly chose not to take steps to protect workers.

Unfortunately, this company is not the only one that fails when it comes to falls. In fact, OSHA reports that falls are the number one killer of construction workers and that many construction sites provide either no fall protection or inadequate fall protection. 

The absence of fall protection contributes to the high number of deaths. In 2011 alone, OSHA reported that there were 251 fall fatalities out of a total of 721 total deaths nationwide on construction sites.  These fatalities were preventable.

OSHA’s Fall Prevention Campaign

With falls as the leading cause of death on construction sites, OSHA has launched a nationwide outreach campaign called Stop Falls in order to raise awareness of the hazards of falls from roofs, scaffolds and ladders.

The campaign focuses on the three steps necessary to prevent falls:

  • Planning: Deciding in advance how a job performed up high must be done. Employers and workers must estimate what safety equipment is necessary in order to complete each task and employers should be sure to factor in the cost of equipment when bidding for a job.
  • Providing: Providing means that employers have to provide safety gear, as well as the right types of ladders and equipment when a worker is working six feet or more up in the air.
  • Training: Safety equipment is only effective if it is used properly. Employers must train workers on how to recognize hazards and on how to use the equipment they need to do their jobs in a safe and effective manner. This means training workers on fall protection systems as well as the use of scaffolds and ladders.

Employers must take responsibility for preventing falls. If a worker gets hurt the employer will be held responsible regardless of whether the employer was negligent or an employee was at fault.

Workers cannot generally sue employers, but they can make workers compensation claims and negligence doesn’t matter in these cases. A worker can be entitled to workers compensation benefits, including payment of medical bills, under any circumstances where his injury arose from a fall at work.

New York also has special scaffolding laws imposing strict liability on property owners and/or project managers in certain cases when scaffolding injuries occur. It is important for workers to understand their rights in scaffolding accidents and when other fall accidents occur.

If you’ve been hurt at work, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today for a free evaluation by calling (800) 692-3717.

 

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