January 15, 2008

Deadly Construction Accident at the Trump Soho in N.Y.C. - Should Chicago Be Nervous?

A construction worker was killed on Monday at the Trump Soho in New York City when a wooden mold used to set concrete collapsed and he fell 42 floors to his death, according to the New York Times. The worker who died in the construction accident was decapitated in the fall and landed in an alley on the west side of the site. Another worker was thrown from the 42nd floor, but was caught by a safety net on the 40th floor.

The cause of the work accident is still under investigation. The New York City Buildings Department has issued a stop work order on the project until the General Contractor, Bovis Lend Lease, can show that work will continue in a safe manner. Bovis was issued four safety violations as a result of the accident. There have been 11 previous building code violations at the project site.

This accident happened just weeks before the Trump International Hotel & Tower Chicago is scheduled to open. Five floors of the hotel are scheduled to open on January 30, 2008, according to the Chicago Tribune. The hotel will occupy floors 14-27, and the remaining levels are supposed to gradually open through the spring.

What is interesting is that as the hotel operates, there will still be a large construction project going on overhead as crews work to complete the 92 story tower. You have to question if Chicagoans will feel safe entering the hotel in light of the N.Y.C. accident. The hotel was originally scheduled to open December 3, 2007 but Trump was delayed in obtaining a city occupancy permit due to still having to complete fire safety work.

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November 19, 2007

DuPage County, Illinois Personal Injury Lawyers Reach Construction Accident Settlement

In DuPage County, Illinois, personal injury attorneys reached a settlement for $490,000 in a construction accident lawsuit. The plaintiff was a laborer loading large rocks into a back hoe owned by Fox Excavating. The laborer was helping clear a trench and a Fox employee that was operating the back hoe dropped the bucket and crushed the plaintiff's foot. $465,000 was paid by Fox's insurance carrier, and an additional $25,000 was paid by the general contractor. The settlement was reached in Curtis Gilkey v.Fox Excavating, et. al., DuPage County Case No. 03 L 493.

Prior to settlement of this lawsuit, there was likely a worker's compensation settlement for Gilkey as well. When injured on a construction site, an employee will automatically have a work injury case under Illinois law regardless as to who was at fault in the accident. Even if you obtain a job injury settlement in Illinois, you are still entitled to bring a claim against a negligent third party who caused the accident. The workers' compensation insurance carrier will then have a lien against the third party settlement.

If injured in a construction accident, or any at work place accident, make sure to consult with an injury lawyer about both a work injury case and a third party negligence case.

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