In 2014, one in five workplace fatalities took place in the construction industry (source). Despite dozens of codes, regulations and laws companies are required to follow, construction sites naturally expose workers to what the Occupational Safety and Health Administration (OSHA) calls the "Fatal Four." Falls, struck-by-object incidents, caught-in/between hazards and electrocution put each worker in danger regardless of their experience. That same year, OSHA also reported that fall protection was its most frequently cited violation (source). The Orlow Firm took action in a recent case involving a workplace fall due to company negligence. Sabatello Zaami, a 57 year old, union-affiliated painter and New York City resident suffered a six-foot fall from the top of a ladder during a restoration project in 2012. The fall was the result of regular movement shifting the ladder and knocking him off balance. While current New York safety regulations require that a leaning ladder used at heights of six feet or more be held in place by a person at the foot of the ladder or secured by mechanical means (12 NYCRR 23-1.21), the company had transferred that worker to a new task. Zaami was taken from the site, by ambulance, to a hospital. A fractured heel and impact related joint damage left him with a cast, physical therapy and the inability to continue working. Permanent damage led to ongoing pain, loss of movement and a surgical procedure to the joint the following year. Fearing that his and his family's livelihood was at stake due to lost wages, Zaami contacted The Orlow Firm to make a case. In February 2016, The Orlow Firm filed a lawsuit against the parties in charge of the construction site for failing to provide adequate protection. Despite the obvious negligence, Zaami's employers stated he was at fault for the accident and that his lost earnings were exaggerated, further claiming he wouldn't have worked until the average age of retirement regardless of the fall. The court denied Zaami's case. The Orlow Firm is built on over 30 years of dedication to its clients. We aim to bring quality, caring service to help our injured clients pursue the compensation they may be entitled to. As long as there's a fighting chance, we will not back down. After Zaami's case was denied, our legal counsel appealed the decision and began discussions for a pretrial settlement. Before the court could reach a decision on proceeding to trial, The Orlow Firm closed the case with a $1.3 million settlement. Past results do not guarantee a similar outcome. The physical and emotional hardship may never be undone, but Zaami's future wellbeing has been saved in the face of company negligence. An accident in the workplace shouldn't mean an uncertain future. If you or a loved one has suffered an injury on the job, contact The Orlow Firm today.

Sources

OSHA Commonly Used Statistics — Construction industry fatality data and most-cited violations
Bureau of Labor Statistics — Injuries, Illnesses, and Fatalities — Workplace injury and fatality census data
12 NYCRR 23-1.21 — Ladders and Ladderways — New York Industrial Code ladder securing requirements
New York Labor Law Section 240 — Scaffolding and other devices for use of employees

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