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Author Pain and Injury Categories News 0 comment

22 People Hurt as New York City Elevator Falls 3 Floors and Crashes

May 18, 2011

Nearly two dozen people are injured but lucky to be alive after an elevator malfunction caused the car to plunge three stories.

The incident occurred about 7:00 am this morning at 620 6th Avenue between 18th and 19th Street in the building where Bed, Bath and Beyond is located in Manhattan’s Chelsea neighborhood. Twenty-two construction workers bound for work on the fourth floor boarded the freight elevator and it began moving upward. However, when it got between the third and fourth floors, the elevator crashed back down the shaft and into the basement.

WABC TV New York reports that emergency services transported all the workers to Bellevue Hospital Center. FDNY Deputy Chief Jackie Sullivan told the news station that all twenty-two construction workers sustained injures, including nine who required immobilization.

When the workers boarded the elevator this morning, they probably never expected it would drop like an amusement park ride and leave them injured.

“It was, you know, a free-fall from Great Adventure to be honest. If you ever go on that ride that’s what it was. We didn’t know when it was gonna stop,” a passenger in the elevator told CBS New York. “People got hurt. It was a hard landing.”

An inspection by the NYC Buildings Department found that the cause of the crash was a defective elevator brake and that it was illegal to use the freight elevator for carrying passengers, says a WABC TV New York article.

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Municipalities ordered to pay millions in back workers compensation

HERKIMER COUNTY, N.Y. (WKTV) – Three Herkimer County municipalities have been ordered by an Oneida County jury to pay the county over $4 million in back workers’ compensation benefits. The ruling comes after a six year lawsuit between the county and the municipalities.

In 2005 Herkimer County municipalities withdrew from the Herkimer County Workers’ Compensation Self-Insurance Plan because of escalating costs. The plan was formed in 1956.

Despite the fact the plan was abolished, there were still 170 outstanding claims the county absorbed. To make up for the losses the county formed the “Abandonment Plan”, giving the option to municipalities that withdrew to pay a withdrawl fee or pay their past share on an annual basis.

In 2005 The Village of Ilion, Village of Herkimer, and Town of Frankfort sued the county over the Abandonment Plan on the basis of multiple complaints it was not valid.

The county counter-claimed against the three municipalities.

A ruling by the jury, May 11th, means the three municipalities will pay the following:

Village of Ilion $1,100,546
Village of Herkimer $1,617,528
Town of Frankfort $1,369,137

The county has also filed for an application to collect interest on the amounts which would increase the municipalities bill by $2 million.

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How workers’ compensation works

RALEIGH — There are two bills in the legislature (HB 709 and SB 544) that will reduce workers’ compensation benefits to injured workers, abolish their rights to physician-patient privacy and make it easier for insurance companies to cut off benefits. Although there is a possibility that representatives for employers and those for employees will reach a compromise in the near future, in order to understand the significance of these changes it is helpful to understand some history and how the Workers’ Compensation Act works.

I teach workers’ compensation law at N.C. Central University, and on the first day of class we always discuss the March 26, 1911 Triangle Shirtwaist Company fire in New York City in which 146 young women died because the fire doors were locked. Many of them jumped to their deaths from the 11th floor, as horrified spectators watched from below. No compensation was paid for their deaths.

After this event, New York passed one of the first workers’ compensation acts in the United States. Many states followed, and North Carolina eventually passed a law in 1929. The theory behind it remains the same: In exchange for quick but limited benefits to the injured worker, the employer got immunity from civil liability for the full extent of the injury.

In determining limited benefits, the act provides that the injured individual get two-thirds of the weekly wage earned prior to the injury as long as disability continues, all reasonable medical bills related to the injury are paid and if a body part has been permanently injured, additional payments can be made. The wear and tear of the human body is like the wear and tear of a machine. Each body part is assigned a certain number of weeks of compensation if permanently damaged.

Under this system, what would be the payment if your left ring finger were amputated in a machine? You would get 25 weeks of benefits ($9,615.75 for a 20-year-old earning $30,000 per year). That is not much for having a physical deformity for the next 60 years or so and for not being able to wear a wedding ring on that finger. Total loss of the hand is 200 weeks. Total loss of the foot is 144 weeks, etc.

This system applies equally to young and old alike. Also, there is no compensation for physical pain or emotional suffering. One lady had her hair caught in a machine and a portion of her scalp was ripped from her head. She got disability benefits but nothing for pain.

If you are totally disabled from work, weekly benefits are fixed on the date of injury and never increase. Twenty years after the injury, you will still be getting the exact same weekly benefit. To appreciate the economic effect of that fixed amount, think about the price of gasoline or the price of a movie ticket 20 years ago.

What about immunity for the employer? How does that work?

In 2010, a 17-year-old boy was working on a large machine that would shred pallets to make mulch. He became entangled in the machine and was drawn through the crushing chamber, and his remains were found on the discharge side of the shredder. A safety bar had been removed, and the employer was cited with 11 violations, including the failure to properly train the employee.

Because of workers’ compensation immunity, the family of this young man was prohibited from bringing a civil claim against the employer. At the end of the day, the employer got immunity, and the family got limited benefits of 400 weeks of compensation, plus funeral expenses of $3,500.

The bill pending in the legislature allows disability benefits to stop after 500 weeks (approximately 9.5 years), even if the employee is still disabled. There are some exceptions (for those paralyzed or for those who have brain injuries, etc.), but, otherwise, after 500 weeks, benefits simply stop.

What happens to the individual who is still disabled? Will he or she magically become employable? Think about a highly skilled nurse, age 45, making $25 an hour who falls while lifting a patient and has had multiple surgeries, without success, and now has chronic pain and significant lifting and standing restrictions. At age 55, will she be able to find employment? Not likely.

If her benefits are cut off, will she starve? Probably not. She will no doubt fall into a taxpayer-funded safety net called Medicaid, Medicare or Social Security Disability. It is a classic case of cost-shifting from the insurance industry to the taxpayer.

Why would the legislature shift the burden for some of the most seriously injured individuals away from the insurance industry and make the public pay that debt? If a compromise cannot be reached, you may want to ask your state representative or your state senator that question.

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Worker Electrocuted Injuries Fatal

New York Construction Worker Electrocuted

The worker was fatally injured in a recent workplace accident. The construction worker was working in East Greenbush, approximately150 miles north of Manhattan, when the accident happened. The worker was employed by a paving company and was lowering a light tower at the time the accident happened. According to witnesses, the tower made contact with overhead power lines, setting off a burst of electricity. The victim was engulfed by the ensuing fire before anyone could help.

Electrocution Construction Accidents Happen

Construction accidents happen throughout the State of New York causing serious Injury and deaths. Electrocution is one of the most common types of construction accidents. According to the Center for Construction Research and Training (CCRT). CCRT statistics tell us that as many as 150 workers die every year from electrocution as a result of working in the construction industry, and many more suffer serious injuries as a result of accidents involving electricity.

 

  • Slip and Falls
  • Transportation-related deaths
  • Electrocution
  • Falling objects
  • Dangerous or defective equipment and machinery
  • Cave-ins
  • Exposure to hazardous substances

Injured Workers’ Rights in New York

When a worker is injured on a New York construction site, he or she has the right to file for workers’ compensation.

Under state law, every employer is required to carry workers’ comp insurance for their workers. Workers who are injured on the job, regardless of whether it is their fault, a co-worker’s or the employer’s, can file a claim for these benefits.

Medical benefits: all injured workers are entitled to full payment of all necessary medical expenses incurred as a result of the workplace injury. This includes emergency room expenses, follow-up doctor appointments, medication, rehabilitation and other reasonably related health care costs.

Under New York law, workers are required to inform their employers of their injuries in writing within 30 days of the accident. Workers also are required to file a claim with their local Workers’ Compensation Board (WCB) office within two years of the date of the accident or within two years of when they reasonably knew their injury was due to a work-related accident.

Workers’ compensation is the exclusive remedy for injured workers against their employers. This means that workers who are involved in work-related accidents or who develop an occupationally-related disease or illness cannot sue their employers for additional damages, even if they do not file a workers’ comp claim.

If you have been involved in a construction accident or sustained another type of on-the-job injury, you have the right under New York law to file a claim for workers’ compensation benefits. These benefits can help replace some of your wages and cover your medical expenses while you recover from your injury.

 

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Calling Time Out on Your Child’s Sports Injuries

Morgan Stanley Children’s Hospital Sports Medicine Expert Offers Five Tips for Parents on Preventing Their Children’s Sports Injuries

Newswise — NEW YORK (April 28, 2011) — With spring here and summer on the way, children are back on the field and ready to score one for the team. Unfortunately, this also means more opportunities for injury, from simple twisted ankles to serious concussions.

Approximately 2 million high school athletes are injured every year, with 500,000 needing doctor’s visits and 30,000 needing hospitalization. Sports are a major cause of traumatic brain injury, with 21 percent of these injuries happening as a result of sports or other recreational activities.

There are several easy steps parents can take to prevent sports-related injuries, says Dr. William N. Levine, an orthopedic surgeon at NewYork-Presbyterian/Morgan Stanley Children’s Hospital, head team physician for Columbia University, and vice chairman of orthopedic surgery at Columbia University College of Physicians and Surgeons. Dr. Levine was recently nominated for a three-year term as chair of the American Orthopaedic Society for Sports Medicine (AOSSM) Sports Trauma and Overuse Prevention (STOP) campaign sports injuries steering committee. Dr. Levine says, “The goals of this campaign are to bring awareness of overuse injuries in youth athletes to coaches, parents, and to the kids themselves. I am looking forward to chairing this national campaign.

“While some sports, like football and baseball, see more injuries than, for example, basketball and softball, there is always risk for injury,” says Dr. Levine. “The best way to prevent an injury is to listen to your child and get involved in their sports activities. And, when they get injured, make sure they get the medical attention they need.”

The following are Dr. Levine’s five tips for parents on how they can prevent, identify and help their children recover from sports injuries:

1. Easing In. When children start their sports after a break they should increase their exertion gradually. Encourage them to take it easy at first. And remind them that every time they exercise, they should take time to warm up and stretch.

2. Proper Equipment. Having the necessary and proper-fitting equipment is crucial, especially for high-impact sports like football and baseball. Make sure your children wear their protective gear not just on game day. An estimated 62 percent of sports injuries happen during practice.

3. Training and Technique. Whether they’re a pitcher or shortstop or left fielder, using proper technique, and having the necessary fitness level, are essential to preventing injury. This means having the right coach and getting the necessary practice.

4. Warning Signs. Not all injuries are obvious. Some come on slowly after weeks or months of repetitive stress. Signs of injury include limping, poor sleep, shortness of breath, headaches and joint/muscle stiffness. Another warning sign is when children suddenly start complaining about their sports. Make sure to ask them what the problem is, says Dr. Levine, and make an appointment with a sports medicine specialist if their symptoms persist.
5. Getting Better. When children are recovering from an injury, make sure they take the time to heal — no matter how eager they are to get back in the game. Remind them that a full recovery is better for their team and their own future prospects. In addition, there are long-term health consequences of untreated injury, including arthritis.

For more information, the STOP website — stopsportsinjuries.org — offers specific advice for 21 sports and recreational activities, from baseball to wrestling. In addition, patients may call (866) NYP-NEWS.

Dr. William N. Levine
Dr. William N. Levine specializes in shoulder and elbow surgery, sports medicine, and arthroscopy of all joints, and arthroscopic and reconstructive knee surgery. He is a former tennis professional and high school state champion. He received his M.D. from Case Western Reserve University School of Medicine and received fellowship training at NewYork-Presbyterian Hospital/Columbia University Medical Center and the University of Maryland. He completed his residency training at New England Medical Center/Tufts University Medical School and an internship at Beth Israel Hospital/Harvard Medical School.

NewYork-Presbyterian/Morgan Stanley Children’s Hospital
NewYork-Presbyterian/Morgan Stanley Children’s Hospital, located in New York City, offers the best available care in every area of pediatrics — including the most complex neonatal and critical care, and all areas of pediatric subspecialties — in a family-friendly and technologically advanced setting. Building a reputation for more than a century as one of the nation’s premier children’s hospitals, Morgan Stanley Children’s Hospital is affiliated with the Department of Pediatrics at Columbia University College of Physicians and Surgeons, and is Manhattan’s only hospital dedicated solely to the care of children and one of the largest providers of children’s health services in the tri-state area with a long-standing commitment to its community. It is also a major international referral center, meeting the special needs of children from infancy through adolescence worldwide. NewYork-Presbyterian Hospital also comprises NewYork-Presbyterian Hospital/Columbia University Medical Center, NewYork-Presbyterian Hospital/Weill Cornell Medical Center, NewYork-Presbyterian Hospital/Westchester Division and NewYork-Presbyterian/The Allen Hospital. NewYork-Presbyterian is the #1 hospital in the New York metropolitan area and is consistently ranked among the best academic medical institutions in the nation, according to U.S.News & World Report. For more information, visit www.nyp.org.

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