Worker Who Expressed Concern about Site Killed in NYC Construction Accident
59-year-old Mario Victorio left for his job at construction site on Thursday morning as he had done many, many times throughout his extended career. The construction site was for a building renovation project in the heart of New York City.
Victorio was working on shoring up the façade of the 12-story condominium building as part of the crew’s overall efforts to give the building a new look. He and three other workers are addressing issues associated with the façade.
As the crew labored, and without any warning, a section of the roof parapet broke loose from the historic building. The section of the parapet hurtled downward, slamming into the scaffolding on which Victorio and the three other men were at work. Victorio was killed, the three other workers sustaining nonfatal but serious injuries.
Victorio was the main breadwinner for an extended family that lived together with him and his wife. The family included three stepchildren and seven grandchildren.
Anxiety about the State of the Worksite
In the days leading up with the catastrophic accident at the NYC construction site, Victorio expressed concerns about the jobsite. The seasoned construction worker told his wife that he was anxious about the jobsite, although he didn’t specifically enumerate to her what concerned him. His encouraged him to stay home from work if Victorio harbored concerns about the safety of the construction site. Victorio told his wife “I need to work.” He didn’t feel he could afford to take time off from the renovation project because he had a large family relying on his income.
A few days after his death, it remained unclear as to whether Victorio had communicated concerns about the state or safety of the construction site to his superiors. The roof parapet collapse is the subject of an ongoing investigation. This investigation includes an examination of the underlying cause or causes of the parapet collapse. Investigators are also looking at whether or not anyone in a position of authority with the building or over the renovation project had prior knowledge of possible dangers or hazards associated with the parapet at the site.
Construction Job Sites and a Failure to Act on Warnings of Hazards
At the present time, there is no clarity on what Victoria may or may not have advised his supervisors about safety issues at the jobsite. The fact is that situations in which dedicated, experienced construction workers tell their superiors about worksite hazards is commonplace. More often than not, construction site managers and building owners learn about dangers at jobsites through reports provided by workers.
When construction site managers, construction company owners, building owners, and others in positions of authority are provided reliable information about potential problems at a jobsite, they have a legal obligation to take reasonably appropriate action. For example, if the workers at the New York City condo building renovation site told their superiors about a danger associated with the roof parapet, these managers at a minimum would need to launch an inspection to identify whether any issues with the parapet existed. They would have a legal obligation to take reasonable steps to protect the health and safety of workers at the site (as well as others who may come into contact with the construction site).
Protecting Your Legal Rights after a Construction Site Accident
If you or a loved one were injured in a construction site accident, the first step to take to protect your legal interests is to schedule an initial consultation with a skilled, experienced Doan Law Firm attorney. You can arrange an initial consultation and case evaluation with a Doan Law Firm construction accident injury lawyer any time that is convenient for you by calling (800) 349-0000.
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