Sunday, 15 April 2012

New York Window Cleaning & Elevated Work Accidents


NYPD And FDNY Squabbled Over Scaffolding Rescue: On Friday, the FDNY and NYPD pulled off a dramatic rescue after three window washers were suddenly clinging to life on scaffolding that broke outside a building, 15 stories above 65th Street street. Except it turns out that the 10 minute rescue wasn't exactly pulled off in simpatico: police and firefighters launched separate rescue efforts concurrently, and have been trading barbs about it ever since.

Emergency Service Unit Detectives James Coll rappelled down the side of the building to the workers while a colleague monitored him from the roof. At the same time, firefighters entered a 17th-floor apartment to rescue the men through the windows. In the end, both were necessary to rescuing the workers. But FDNY Battalion Chief Michael Massucci argued in the press that Coll took an unnecessary risk: “I didn’t see the need for him to put himself in harm’s way...The city protocol is that FDNY has all life, safety and rescue operations." Coll retorted: “Well, we’re trained to do this. We have some of the best training and the best equipment to do this.”

Glenn P. Corbett, an associate professor of fire science at John Jay College of Criminal Justice, told the Times that the lack of coordination was ridiculous: “This is an ongoing issue that’s been around for a long time, and I think the real critical part is that we were told, several years ago, that the citywide incident management system fixed this, and it did not fix it,” he said. “This was an issue on 9/11, with separate command posts for the Police and Fire Departments, and there continue to be instances where coordination is missing now.” Such as the 911 response system.

New York City Window Washing Accident: In New York City, window washer accidents, like ladder fall accidents, may occur even if the worker takes adequate precautions. In the event of window washing injuries or death, New York has special legal protections for window washers. Window washing is inherently risky because it is done at dangerous heights. In New York City, window washer accidents, like ladder fall accidents, may occur even if the worker takes adequate precautions. In the event of window washing injuries or death, New York has special legal protections for window washers.

Laws that Protect New York Window Washers from Window Washing Injuries and Death: New York state laws require window washer employers to provide their window washing employees with sufficient training and appropriate safety equipment.  The two laws which specifically protect window washers are New York Labor Law Section 240 and New York Labor Law Section 202. If violated these laws provide the basis for a lawsuit. New York Labor Law Section 240, also known as New York's Scaffold Law, protects all workers who work at elevated heights, including window washers. Under this law, building owners and general contractors are obligated to provide workers with proper protection against gravity-related accidents in New York, such as a fall from a ladder. Required safety measures can include secure ladders, anchorage points, safety vests, lifelines, and harnesses. Section 240 places "strict liability" on the part of the property owner and general contractor in the event
  • 1. A laborer suffers window washing injuries or death as a result of not having proper protections.
  • 2. A ladder, scaffold or other raised work platform is defective and causes the window washer to fall from a height sufficient to cause injury or death.
The term 'strict liability' means that the property owner or contractor may be held liable for compensatory damages paid to the injured window washer, even if the window washer was partially negligent and/or using his own tools. New York Labor Law Section 202 requires owners of buildings, managing agents, window washer employers to provide and require use of proper protection and safety devices to clean exteriors of buildings. More specifically, the owner of a building in New York must have structural features and anchors or other fixed devices on the building for the window washer's protection prior to allowing a worker to clean a window. This means that, according to the law, window washers should not even be permitted to clean unless proper protection is provided. Window washing must be done in a safe manner in conformity with the law's requirements and the rules of the board of standards and appeals.

Workers injured in New York window washing accidents should contact a New York work accident lawyer who has experience representing the victims of a wide variety of manual labor injuries, including those stemming from window washing accidents. If a window washer gets injured due to a violation of these laws, he or she may be entitled to receive compensation for lost wages, medical bills, reduced earning capacity and for pain, suffering and disability. If you are a window washer injured in a fall, don't assume you only have New York Workers' Compensation to cover your medical care and loss of earnings. You may be entitled to seek significant money damages for your window washing injuries. It is important for window washers to clearly understand their full legal rights following New York City window washer accidents.

Injuries Sustained From Workers that Wash Windows: Window washing accidents can occur because of a number of factors. Injuries are caused by faulty or insufficient safety devices. Poor worker training is also a cause of many manual labor injuries. Scaffold and ladder fall injuries are often very serious because they involve falls from heights. Common window washing injuries (ladder fall and scaffold fall) include back injuries, head injuries, severe fractures, spinal cord injuries or broken bones. After a scaffold or ladder fall accident, even an experienced window washer may suddenly be unable to ever work again. A number of victims of New York City window washing accidents suffer fatal injuries.
Victims of New York City window washer accidents and/or their families need to understand their rights.

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