Newburgh, NY Personal Injury Blog

Master rigger William Rapetti was cleared of seven counts of manslaughter in a non-jury trial on July 22, 2010. While criminal charges have been cleared, Rapetti still faces numerous civil lawsuits.

Rapetti was charged for his involvement in the fatal accident in March 2008 when a 300-foot tower crane collapsed in Manhattan, New York. Six workers and a tourist from Florida were killed and two dozen others were injured. Rapetti's company, Rapetti Rigging Inc., was also cleared of all charges.

The prosecution claimed the collapse was caused by Rapetti Rigging Inc.'s sparse and damaged equipment. The defense's investigation found the collapse was due to a poorly welded tie-in beam on the building under construction, which Rapetti had no control over.

Rapetti still faces dozens of civil suits and at least 112 claims totaling $420 million have been filed against New York City.

In a criminal suit, a party is brought to court to upon being charged with a crime. To be found guilty of a crime, the jury or judge must find the case against the defendant to be "beyond reasonable doubt". Those charged as guilty of a crime in a criminal suit usually are penalized with monetary fines or imprisonment.

In a civil suit, a party files a claim to collect damages from another party for either emotional or physical injury. In civil suits, the burden of proof is known as the "balance of probability", which is much lower than that in criminal suits.

Have You Suffered a Work Related Injury?

If you have suffered a work related injury and have missed work or have unpaid medical bills, you could be entitled to financial help. Contact an attorney with experience in workers' compensation immediately.

Fraudulent workers' compensation claims are a serious problem for employees in real need of workers' compensation benefits. Fraudulent claims cause employers' to become suspicious of all workers' compensation claims as well as raise their healthcare premiums. Fraudulent claims are a waste of resources and funds that could go to employees with legitimate work-related injuries.

Philip Silvernail was arrested June 7, 2010 for insurance fraud in the third degree. The Red Hook, New York man filed a report claiming a back injury in January 1992 while employed by the Poughkeepsie Housing Authority. Silvernail claimed he could no longer leave his house or walk due to his injury sustained on the job. Silvernail was awarded $20,546.20 in disability benefits from the New York State Insurance Fund.

An investigation by the New York State Department of Insurance found Silvernail well enough to paint from a ladder, replace window shutters and an outside deck, install awnings and handrails and use a backhoe. This misrepresentation of work status could result in a sentence of seven years in a New York state prison.

What is Workers' Compensation Fraud?

Fraudulent claims for workers' compensation benefits can include:

• exaggeration of symptoms
• working while allegedly disabled and not reporting the resulting income
• claiming a non-existent injury
• claiming a non-work related injury as work related
• falsifying mileage reports in your claim

When filing a workers' compensation claim, make sure you are completely accurate in your claim. Even if you have a legitimate work-related injury, understand that any discrepancy between your claim and your actions can be construed as fraud.

If you are claiming you are unable to perform certain functions while at work, do not perform them outside of work. Be conscious that volunteer work performed while receiving disability benefits could be used against you as proof of fraud. Insurance companies and departments routinely perform investigations on suspicion of fraud. Assume that you are the subject of an investigation and that someone could be watching you at any given moment.

Last year, a three-story building in New York collapsed while construction workers were adding a fourth floor. The New York Department of Buildings' investigation yielded four reasons for the catastrophe: the failure to fix a wall's crack, the stress of construction upon the building, unusually rainy weather and the filling of a basement of an adjacent building. Fortunately, no one was killed; however, three construction workers and one pedestrian were injured.

Typically, an accident like this is caused by poor management of some aspect of the construction. For example, scaffolding used to work on high areas may be inadequate for the job and fail. Or, as in the most recent collapse, the integrity of a building may be such that further construction is unsafe. Often, workers' compensation is the first thing that comes to mind. Rightfully so, as often it is available to a person injured on the job.

An injured person should also be mindful of other potential remedies. Workers' compensation prevents an injured person from suing their employer. However, a building may have been inspected or deemed safe by a general contractor, who is not the direct employer of the injured party. Unsafe scaffolding may have been erected by someone other than the injured party's direct employer. In cases such as these, the injured party may have a legitimate legal claim against the party that caused the unsafe condition.

In some situations, the law goes so far as to make a general contractor or other liable party absolutely liable for the injury. These absolute liability situations arise when an activity is so inherently unsafe that the party in control of the circumstances must take every precaution to protect workers. An example would be scaffolding on a tall building; if it collapses or fails, there is no defense to a claim by an injured party.
If you or someone you love has been injured in a construction accident, contact an experienced personal injury attorney. A lawyer experienced in personal injury can provide you with the information necessary to protect your rights.

The March 27 crane collapse at 80 Maiden Lane is a recent example of a number of crane accidents in New York City in the past several years. Although no one was seriously injured, this was not the case in previous accidents: a collapse in March of 2008 destroyed a town house on East 51st Street and killed seven people, while another 2008 collapse on East 91st Street killed two construction workers. Because of the serious threat to safety posed by these accidents, residents are beginning to ask questions about what can be done to prevent them in the future.

In response to the Maiden Lane collapse, authorities suspended crane-operator Christopher Cosban's license. The alleged reason for the collapse was a failure to properly secure the crane after a day's work.

There are several common factors that can lead to crane collapse. Among the most common are errors in crane assembly or dismantling, boom buckling and rigging failure. The biggest problem, however, is failure to properly account for power lines, which causes approximately 40 percent of all crane accidents. As we learned from the Maiden Lane collapse, a simple failure to secure the crane during downtime can lead to devastation, too.

When crane accidents occur, they can be deadly: the Labor Department estimates that there are upwards of 82 fatalities associated with construction cranes annually.

If you or someone you love has been injured in a crane accident, contact an experienced personal injury attorney. A lawyer experienced in handling crane accident cases can provide you with the information you need to protect your rights and seek the compensation you deserve.