Department of Labor and OSHA get some unexpected love in President's FY 2010 budget

Among the many pleasant surprises in President Obama's budget for fiscal year 2010 is a $900 million increase to the Department of Labor's discretionary budget. The proposed 7.6% increase dwarfs the minuscule expansions of the Bush years, which barely kept pace with inflation, and aims to expand Unemployment Insurance and work-training programs, strengthen enforcement of labor standards for workplace safety and establish automatic pensions.

Though all the proposed changes deserve a look, for New York personal injury lawyers the stronger enforcement of workplace safety standards is of primary interest.

Just the other day, as mentioned in our review of NYCOSH's OSHA recommendations, all signs pointed to a steady level of funding for the embattled agency. Instead, a recently-introduced appropriations bill, unrelated to the FY 2010 budget, may give OSHA $513 million, a $27 million, 5.5% increase over its current funding.

Though the increase is not as major as what may be seen in next year's budget, the funds will certainly help. The agency sorely needs the cash: eight years of starvation under the Bush Administration have left it with a backlog of inspections that would take 133 years to clear. Adequate inspection and enforcement is essential to OSHA's responsibility to protect workers' safety, and the extra money will be quickly put to good use hiring new inspectors and updating outmoded safety standards.

While a shortened inspection queue and revamped standards are certainly positive changes, President Obama has even greater goals for OSHA. Looking ahead to the 2010 budget, the President has asked for funding to increase protection for whistle blowers and expand enforcement of safety standards even further.

OSHA has the potential to be one of the most powerful tools the government has to protect workers' safety. Now, for the first time since 1980, the agency may receive the funding it needs to perform its vital mission.

Crane-safety teacher admitted to giving unqualified mobsters passing grades

A front page story in The New York Times this morning detailed some severe problems with the instructor of a crane-safety class that cast his fitness to teach into doubt.

The 30-hour class, which teaches the proper way to raise and lower a tower crane, was mandated for New York City crane operators after last year's fatal crane collapses. In theory, these courses should boost the Department of Building's credibility and are a good way to avoid crane accidents.

In practice, problems sometimes crop up that turn these well-intentioned requirements into a mockery of themselves.

The article claims that James Conway, an instructor, came forth with these tawdry tales in cooperation with a 2003 investigation of his union, Local 14-14B of the International Union of Operating Engineers. This investigation ended with convictions for 45 union officials, union members and crime figures on racketeering charges.

The article indicates that, though not charged along with his colleagues, Mr. Conway did not have a clean record himself. It appears that an investigation revealed that Mr. Conway helped unqualified criminals get into his union and then obtain licenses to operate small cranes. Mr. Conway also tried to recruit exotic dancers into the union as apprentices, though he claimed this was at the behest of another union employee.

Mr. Conway said that he was acting out of fear for his job and his life.

While Mr. Conway's actions are understandable if his excuses are to be believed, they are still inexcusable. Allowing questionably qualified and unqualified operators into the cabs of cranes puts every person who walks the streets of New York at risk. It is a mystery why The Department of Buildings allow him and his union to teach such a critical safety course.

When a New York Times reporter inquired of The Department of Buildings why these individuals are allowed to teach these courses, the response was "these are the people who perform this type of work." The Department of Buildings needs to hold all the instructors it licenses to a much higher standard.

NYCOSH publishes "How to Fix OSHA" handbook

In its winter newsletter last week, The New York Committe for Occupational Safety and Health (NYCOSH) published 34 of its members' ideas on how to repair OSHA. The suggested reforms are sweeping, and they need to be.

Though far from perfect before his administration, President George W. Bush's eight years of neglecting and sabotaging OSHA have left the agency woefully ill-equipped to protect workers' rights to a safe and healthy workplace. Now, with Democratic majorities in Congress and President Obama in the White House, there is finally some hope that OSHA will receive the guidance and funding it needs to perform its mission.

It has a long way to go. The report offers some staggering figures (all for 2007):

• 5,488 workers were killed on the job (more than 15 per day)
  

• 50,000 workers died from occupational diseases

• 4 million on-the-job injuries were reported, though the total number of on-the-job injuries was probably closer to 12 million (more than 5 every 15 seconds)
  

• With current staff and budget levels, it would take OSHA 133 years to inspect every workplace in the country

What needs to be done? The short answer: a whole lot. The NYCOSH members had plenty of recommendations, but two themes were nearly universal. Almost all the members agreed that tightening standards would be a good first step. But they also held that all the standards in the world would not solve the underlying problem: most accidents and violations go unreported because workers are afraid.

They're afraid they will lose their jobs and they have every right to be afraid. Employers can fire non-union workers with little trouble, and threaten to do just that to workers who report accidents or violations.

The NYCOSH members argue that only the easy unionization promised by the Employee Free Choice Act can adequately protect workers from abusive employers. Once workers are free to report accidents or abuses without fear of reprisal, NYCOSH imagines that they, along with their unions, will help OSHA enforce the rules by policing their own employers.

It would surely be easier for OSHA to oversee every workplace in America if employees reliably reported violations and accidents. Knowing where violations are occurring is half the battle and would greatly aid OSHA's efforts in deploying enforcement.

NYCOSH should be commended for putting the Employee Free Choice Act, which has strong support from the President, at the center of its proposal to repair OSHA. It should similarly be praised for avoiding recommendations involving additional funding, which, in this economic climate, OSHA is unlikely to receive.

Its proposed solutions, most of which were not covered here, were realistic and pragmatic. If any of them come to pass America's workplaces will be that much safer.

Winter Weather Causes Three Car Accident in Columbia

Harsh Winter weather in Columbia, NY, including white out conditions and zero-visibility led to a three car accident on Monday. The accident occurred on southbound State Road 28 at 2:30 pm. 

The winter conditions caused the first car, a Honda Accord, to slow down. The following vehicles did not see the first car reduce its speed and were unable to stop to avoid a collision. 

The second car, a Ford Tempo, struck the Honda moments before the third car, a Ford Explorer, crashed into the second vehicle. This collision caused the Ford Tempo to spin 180 degrees.

Route 28 was shut down and cleared and the injured occupants of the vehicles were taken to Bassett Hospital in Cooperstown.  

Snowmobile Crashes Kill 3 in Nothern New York

Three people are dead after three seperate snowmobile accidents in Northern New York on Saturday. 

The first accident occurred Saturday morning in Montague when 19 year old John Tracy was killed when he lost control of the snowmobile and was ejected.

The second accident happened later in Martinsburg when 24 year old Jacob Leichtweis flipped his snowmobile. He sustained injuries and died later at Syracuse hospital. 

The third accident killed 42 year old Michael James. Police say he died when his snowmobile struck a drainage ditch in the Adirondacks. 

Volunteer lawyers help immigrants defrauded by Victor Espinal

This is what we need more of. The New York Time's always excellent City Room posted today on the 40 lawyers who volunteered their time to help immigrants stuck in a legal quagmire.

More than 100 former clients of Victor Espinal, a man charged with pretending to be an immigration lawyer, came to the New York City Bar Association last night seeking help with their immigration cases. Lawyers working in pairs examined the cases, which were in various stages of disarray, and offered what help they could in the limited time they had. Many of the lawyers were offering the former clients continuing pro bono or deeply discounted help with their cases, most of which had problems that could not be fixed in a few hours.

It is heartening to see lawyers volunteering their time to those who are most in need. Working with New York personal injury lawyers, I draw a lot of satisfaction from helping people who not only suffered through a life-altering accident, but also lack the resources to navigate this country's legal system on their own.

A huge part of the profession - helping people - gets downplayed in most people's evaluations of lawyers. It is good to see these volunteers bringing it to the fore.

Lessons are learned in airline disasters, but changes still take years

The New York Times ran a follow-up story today on the Continental 3407 crash. The article examines the lag between the conclusion of an investigation and the actual enactment of an investigation's recommendations. The article's conclusions: the lag is tremendous and its causes are complicated.

The typical 20-year wait for a change to go through, while not completely shocking, is dismaying. The bottom line is that passenger safety is not the F.A.A. and airlines' only concern. They are weighing cost, efficiency and speed against safety and the process of striking a proper balance should take time and thought.

Even so, a 20-year time frame is completely outlandish. The National Transportation Safety Board, F.A.A. and airlines should work together to reduce the time between an accident and corrective action.

Thankfully, airline employees often pick up the slack and institute their own changes: practices as simple as being more attentive towards certain parts of aircraft. At the very least, the large organizations should look to this grassroots action as inspiration and implement simple stopgap measures as they deliberate on a complete solution.

That way at least some modicum of improvement will be attained while the parties engage in their ceaseless debates.

David's Weekend Tally: Two New York Juries, One Case, Different Verdicts

The New York Times reports on Sunday what every top New York injury lawyer and all of the best New York accident lawyers should already know. Its something I say to every jury when I begin the jury selection process. They have to listen carefully and search their hearts and tell us what they really think and more important what they feel. Why? Because at the end of the day (in this case, end of the trial) it's how they view and feel about the evidence that counts, more so than the evidence itself. Sometimes when I say it the other lawyers in the room distance themselves from that statement because they don't want to offend the jurors and tell them that jurors like them hand down unfair decisions. All jurors must always make their decisions based solely on the evidence right?

Well look what happened this week and you tell me. Two juries returned completely different verdicts although they heard much of the same evidence in the criminal prosecution of a building's current and former landlord and two of it's tenants for the homicide of firefighters who became disoriented and jumped to their deaths. The prosecution alleged that the deaths were a result of illegal partitions that were constructed in the apartments of the tenants. The tenants were accused of building them and the landlords accused of permitting them.

The Court had separate juries decide the tenant's and landlord's fates. They did this because often the same jury can not hear evidence that is admissible in the trial of one party, lets say here, the tenant's prosecution, but not in the case against the landlords. So the trial proceeds with the juries leaving the courtroom at different intervals so that each jury only hears evidence that is proper in the case they are deciding. Of course the judge gives instructions that the juries should not discuss the case with each other. But alas, .....THE JURY ACQUITTED THE PEOPLE (TENANTS) WHO ALLEGEDLY BUILT THE WALLS BUT CONVICTED THE PEOPLE WHO ARE ALLEGED TO HAVE MERELY ALLOWED IT(LANDLORDS).

The New York Times quotes what legal scholars says "jurors sometimes follow their hearts as much as the law." I say it a bit differently, perhaps a bit more harshly... jurors almost always follow their hearts. They will hear the evidence so that the result they reach is fair to them. Thats what many people do. Not all, but many.

In this case, even one of the tenant's lawyers reportedly said that the verdict against the owners only makes sense if the tenants are convicted.

So lets think this one out like a good injury trial lawyer does. Who was on that jury, landlords or tenants? DUH. There are far more tenants than landlords. Who feels bad for landlords? Who doesn't like landlords....tenants?? Not that hard, right?

Well now I have the perfect case to talk about when I make that statement to juries which I mentioned above.

Two new New York construction projects

The New York Time's City Room blog had two solid posts on new constructions projects in New York. The first discussed the city's $2.1 billion project to extend the 7 line to 34th Street and 11th Avenue and the second detailed the city's plan to build a $42 million "green" housing project in Harlem for former prisoners and moderate-income families.

I'm sure many Chelsea residents will celebrate when the new station finally opens and their area gets some proper subway service. Until then they can read up on the incredible 100-ton drill that will be boring the new tunnel beneath their neighborhood.

The drill is an incredible piece of engineering - similar machines have been used to bore through the Swiss Alps. It makes the work of tunnel-boring much safer, eliminating most of the dangerous drilling and blasting that used to go hand-in-hand with the work. Surely these machines have prevented many construction accidents and likely saved many workers' lives.

While more mundane than a 100-ton drill with a 22-foot drill bit, the city's green housing project is also important. While the combination of former prisoners and moderate income families seems dubious, the project does address the problem of homeless ex-convicts who are unable to obtain conventional housing. Plus, its green features (rooftop gardens, aluminum solar shades) are a good example to other projects of how to be environmentally conscious on the cheap.

Perhaps most importantly in the current economic climate, both projects will create jobs and demand for a whole range of products and services. Though neither project is receiving funds from the stimulus, I hope there are plenty more of these sort of useful projects over the next few years.

Actor Vincent Pastore Buckles Under Pressure

Vincent Pastore of TV's "Sopranos" was unable to keep his composure under questioning by New York City personal injury lawyer David Perecman. Perecman was not only able to show that Pastore lied in his previous testimony, but also got him to offer additional incriminating information. With all of this now on the table, Pastore agreed to a settlement.

Tenants acquitted, landlords convicted in Bronx firefighter's death

Last week, one Bronx jury acquitted the two tenants who built and rented out the illegal partitions in their apartment that led to the January 23, 2005 death of two New York City firefighters. This week, a different Bronx jury convicted the two landlords who tried to get the tenants to remove the partitions.

Sometimes justice acts in mysterious ways.

In this case, there is surely enough blame to go around. The tenants constructed the illegal, windowless partitions in order to sublet their apartment. This made them an extra $75 to $100 a month - enough incentive to not tear down the partitions after their landlords informed them they were illegal.

Unfortunately, in addition to a tidy income, the partitions created a maze-like effect in the building that led to the firefighters' jumping out a fourth floor window to escape the heat of the blaze.

But the tenants are not completely to blame. While it is not clear how avidly the landlords pursued the partitions' removal, it was certainly insufficient. They should have done everything in their power to ensure that all their units were up to code.

Finally, an internal review of the Fire Department's procedures after the accident found problems with the hoses, fire hydrants and safety rope the firefighters were using. Since the findings were published the Fire Department has changed its practices.

It took a lot of people doing the wrong thing to lead to the firefighters' death, yet only the landlords were convicted of criminally negligent homicide.

Working in the office of a New York personal injury attorney I'm attuned to some of the strange decisions of our courts. We wish for a completely fair and perfect system, but we have to do our best with what we have. The firefighters' survivors have every right to be upset that the tenants were acquitted, but they should also be grateful that at least someone was held responsible for their actions.

Pilot error may have caused Flight 3407 crash

The New York Times ran a short article on its website today describing a scenario in which pilot error led to the crash of Continental Connection Flight 3407 outside of Buffalo last Thursday.

The crash, which occurred after the aircraft made a bad roll, killed all 49 people aboard and one man on the ground. Icy conditions were the primary suspect immediately after the crash but the National Transportation Safety Board investigation has shifted its focus towards crew error as more details emerge.

Investigators believe an automatic system on the Dash 8 pushed the plane's nose down in an attempt to gain airspeed and prevent a stall. The captain, Marvin Renslow, may have overreacted to this automatic system.

The planes he flew for years, Saab 340s, had an issue with the tail failing in icy conditions that could be remedied by pointing the nose of the craft up. A tail failure of this sort is detected by a sudden dip of the nose of the aircraft.

Investigators say it is likely that Mr. Renslow reacted to the Dash 8's nose dipping as if he was flying a Saab 340 and pulled the nose up. This action quickly sent the craft into a roll that the crew could not recover from and the plane crashed soon after.

To those unfamiliar with aviation (including me) this can all be very confusing. The Times has put together a helpful graphic for anyone trying to understand the accident.

When we fly we put our lives in the hands of the airlines. They usually do a fine job of keeping their passengers safe, but accidents do happen. I only hope that once the NTSB's investigation into this tragic accident is complete airlines can take something away from its findings and make air travel a tiny bit safer.

Obama stimulus good for cities, New York Democrats say

The Washington Post ran an article today laying out some of the benefits New York City will likely receive now that the final version of the stimulus bill is on President Obama's desk. This is just the thing I was looking for last week when I assessed New York's stimulus outlook.

Essentially, the stimulus is less about what New York City will get than what it won't lose. Without the stimulus, Mayor Bloomberg would have to eliminate 14,000 teachers, 1,000 police officers and several hospitals. Retaining these threatened positions and facilities - parts of already overburdened departments - is sure to spare the city a great deal of pain.

Though the bulk of relief to the city will likely come through reduced cutbacks, the stimulus contains funding for several other projects that will primarily affect cities. Money for mass transit (2nd Avenue Subway, anyone?), a huge fund to retrofit older buildings to increase energy-efficiency and billions for public housing will disproportionately benefit cities.

Representatives Rangel, Weiner and Nadler, all Democrats from New York, paint the stimulus as the beginning of a sea change in national policy towards cities. President Obama, the first president from a major city in decades, campaigned on the idea that the nation's cities could be "part of the solution and not the problem."

Certainly these first hints at the president's policy towards cities are encouraging. As a lifelong resident of New York City, it is good to see some government recognition of cities as engines of economic activity and centers of tax revenue. Though in the past New York has always had to fend for itself, it is refreshing to have help when the city most needs it.

David's Weekend Tally: Tragic Airplane Crash, Construction testing company re-licensed,

One can't speak about any sort of news events relevant to personal injury, accidents, etc. this week without bowing one's head for a moment in recognition of the tragic airplane crash in Buffalo, New York. There are far more important voices than mine, but I must, at the very least, express my condolences to those that have lost loved ones.
The investigations continue and we are starting to hear about the fact that the airplane allegedly was on auto pilot which apparently is not recommended when flying in icy weather conditions.
Hopefully the investigation will provide some answers soon and some closure for the families.

Back here in New York City, Associated Press reports in the New York Times this Saturday, that a Manhattan Supreme Court Judge has reinstated the license to do business to Testwell, Inc. a New York based company that is under indictment on charges of faking tests on concrete and steel at Yankee Stadium, the Freedom Tower and over 100 other construction projects. The license to test and inspect had been suspended by the New York City Department of Buildings because the existence of criminal charges was, according to them, sufficient for a suspension. The court, in essence, ruled that a suspension requires an actual conviction not a mere indictment.
This injury lawyer is very familiar with construction practices and construction accidents and injury, and yet I am not quite sure how to react. While on the one hand it would be unfair to irreparably harm a business, by denying it the ability to continue doing business, without there having been a decision by a court or jury that they committed the crimes they are accused of, on the other hand, if they continue to inspect and test similarly to how they are alleged to have done so in the past, the citizens of New York and anyone who visits here is potentially put in harm's way if more tests are conducted or not conducted in the same fashion.
Lets hope that the existence of criminal charges will serve as a deterrent to any improper methods if in fact they were done in the past or thought of for the future.

Horrific Plane Crash

Just a few days ago we were celebrating the safe landing of a plane in the Hudson River and now we are devastated to hear of a plane crash that took the lives of 49 people on board and 1 in a house. They are trying to recover the black box but it seems the problem was ice on the wings. The plane did a nose dive into a house in Clarence Center New York. Two people were able to escape and get out of the house while the other person was not so lucky. My heart goes out to all the people who lost love ones in this horrific accident. Our prayers are with you all.

Continental flight ends long period of safe skies

As you are probably aware, a Continental Express flight out of Newark crashed into a house in the Buffalo suburbs last night killing all 49 people aboard as well as one person on the ground.

A tragedy like this is a deep shock to the victims’ survivors. Their grief and misery right now is unimaginable. My thoughts are with them.

All a society can do to ease this variety of sorrow is offer closure. The National Transportation Safety Board has already sent investigators to determine the cause of this crash. All we know now is that communication between air traffic controllers and the Dash 8 was normal until the plane stopped responding. It crashed soon after.

This was the first fatal crash in the United States since a Comair regional jet went down in Lexington, Kentucky back in August 2006. Historically, it is rare for U.S. aviation to go two and a half years without a fatal accident. I hope this admirable safety record was not an anomaly and is only surpassed in the years to come.

Continental Up, Then Down

It was only yesterday morning that Merrill Lynch upped Continental Airlines to "buy" status. Their stock prices soared, after having lost nearly 45% of their value.

However, later that day, the beleaguered airline experienced a terribly unfortunate event. A Continental Airlines flight crashed into a suburban Buffalo New York home last night, killing all onboard and one person in the home. The fiery crash stunned residents of the sleepy subdivision and shocked the nation.

When the "Miracle on the Hudson" occurred earlier this year, we were all able to rejoice that no one was badly hurt or killed. We may never know for sure why, but it is unfortunate for all that this event could not have ended similarly.

Safety Concerns Arise from Likely Construction Job Increase

With the Federal Stimulus package likely to increase construction jobs, safety issues become a concern. With this in mind, New York construction accident attorney David Perecman is providing a list of the top safety concerns that cause accidents on construction sites and can result in personal industry.

According to Perecman, workers can get asked to leave a job when they complain about safety issues. However, accidents can be significantly reduced with the proper equipment to uphold safety standards. Some of the safety concerns include little or no fall protection, improper equipment, poor housekeeping on site, and poorly maintained or worn equipment.

"Big Pussy" Trial: A New York Personal Injury Lawyer view

So the trial has ended. What can we say? Well, the press has spoken and some comments have been made by others.
Perhaps the views of the New York injury lawyer who tried the case is of interest, perhaps not. But here it is anyway.
This case was litigated by other lawyers for years. But at the trial something happened. It settled after the 45 minute testimony of one witness, the defendant. Why? Because I, for the first time had the chance to take the testimony of "Big Pussy" (Vincent Pastore).
I try every case than lends itself to it the hard way. I take the defendant's testimony as the first witness in the case, instead of taking the easy way out for the trial lawyer, which is just putting your client on the stand and letting them tell their story. The latter way is easier for the lawyer but not for the client. Why? Because after they testify they get cross examined and the shortfalls or inconsistencies, if any, in their testimony is highlighted and the collateral issues about them are also highlighted.
It's far more difficult to take a hostile witness, your adversary, and start the trial off by developing a story from them and cross examining them all at the same time. Remember they are not trying to help you.
However, by doing it the hard way you force the defendant to testify and "lock in" to their version of what happened. Also, if you cross examine them well you will get something good out of them and it will be the first thing the jury hears. Remember the theory of primacy. People remember the first thing they hear.
And that is what happened. The first witness was the defendant and after I got to poke a little fun at the fact that this big guy claimed he was just upset that day, so upset he was crying not hitting. But at the end he added one little new thing. He told us that he had not been forthright prior to that when he testified about the incident at deposition (Okay that's good, a fib) and we found out that although he had testified adamantly before that he never hit the plaintiff's face into interior of parts of the SUV, that 9 full city blocks before the incident ended he had a handful of her hair in his hand and he pulled her hair. That was the last thing he told the jury before the weekend recess on Friday afternoon. The jury went home for the weekend with that.
Since the Plaintiff's version of the incident was that he pulled her hair and pushed her head down to the console, that fact changed the face of the trial.
I was set to resume examination of Pastore on Tuesday when the case settled. I would have started with.... So when we left on Friday you told us you were not honest at your deposition and in fact 9 full blocks before you tossed her and her luggage out of the car you had her hair in your hand, and were pulling it.... yes? So pray tell, was her head moving? In which directions? Towards the console, back, side to side, rag doll like???? You tell us. Did she resist? Were you cursing at her as you testified you had been doing? Was she telling you to let go? Was she crying, screaming, pleading..... what??? You tell me.
Did you have her hair in your hand for the whole 9 blocks??? How was traffic that day?? How long did it take to move those 9 blocks mid day in Manhattan? If the hair pulling ended did you guys sit quietly and talk before she got yanked out of the truck? Is it possible amidst the fracas her face may have struck the console and due to the commotion you didn't notice? Is that how it is that the District Attorney's office took pictures of her black eye? Or is that another little fact that you left out?
Oh.... it was not going to be pretty.
So you see the case settled. Hopefully all are at peace that this sad end to a love affair is over.
But the lesson for the trial lawyer is ....do your job....do it well....justice will come.

Crane industry against regulation of the crane industry

Maryland legislators face an uphill battle in passing their proposed crane regulations as crane industry lobbyists are challenging claims that more careful, more frequent inspections and tighter regulation will decrease the incidence of crane accidents.

The lobbyists claim regulation would force small crane operators out of business and cost some crane operators their jobs. They also question the effectiveness of safety regulations, citing the lack of empirical evidence that tougher rules lead to fewer crane accidents.

These are the same tired arguments dragged out whenever any industry faces stronger regulation. The best thing Maryland's, New York's, or any other state's legislature can do is ignore these special interests and act for the public good.

Tragic auto accident in Queens leaves pedestrian dead in Brooklyn

An awful auto accident in Corona this morning led to a pedestrian's being dragged underneath a van along 17 miles of roads and highways.

The unidentified pedestrian was struck by an SUV in Corona early this morning. Immediately after the first accident a van hit the pedestrian again, catching the body underneath the front of his vehicle. Though the first driver stopped and called the police immediately the driver of the second vehicle drove on without noticing he had hit anyone.

The second driver eventually realized something was wrong with his van, but when he got out to take a look he did not notice anything out of place. It was only after several Coney Island pedestrians waved him down and explained the situation that he figured out what had happened.

Though the gruesome specifics of this accident will grab the attention of the press, more mundane but equally harmful auto accidents happen every day in New York. It is up to both drivers and pedestrians to be as careful as possible to avoid the tragedy of an auto accident.

Walking or driving in the city, especially when it is dark out, requires complete attention. Keep your iPods and cellphones in your pockets and your eyes on the street.

The New York auto accident lawyers I work with wish the victim's family the best and hope he did not suffer long through today's events.

Hudson River Plane Crash Pilots and Crew Honored With Keys to NYC

The two pilots and three flight attendants of US Airways 1549, the plane which crashed into the Hudson River last month, were honored with the keys to New York City.

Captain Chesley Sullenberger steered the aircraft into the water after losing power and was able to save the lives of all 155 passengers on board. He checked the plane for passengers twice before being the last person to leave the aircraft.

Captain Chesley Sullenberger, First Officer Jeffrey Skiles and flight attendants Doreen Welsh, Sheila Dail and Donna Dent all received honorable keys to the city.

New York's stimulus outlook

With the passage of the stimulus bill in the Senate this afternoon the country is one step closer to some measure of relief from the economic crisis.

Now that the stimulus bill has cleared both Houses of Congress, many are trying to determine how much aid their hometown is likely to receive. For New Yorkers, whose city's tax base was hit especially hard by the financial crisis, this is a critical calculation.

As of January 26, The New York Times estimates that the city will get at least $1.8 billion for Medicaid and another $1.6 billion for education. There is no question that $3.4 billion is a lot of money, but it still leaves the city with a projected $11.3 billion dollar deficit over the next three years. Without additional aid from the federal government that kind of deficit will lead to painful cutbacks across the board.

Fortunately, much of the proposed stimulus money is not promised to specific projects, so New York may still claim additional money for a variety of undertakings. This is where the notion of "shovel-ready" projects will come into play.

It would seem to me that New York has an abundance of projects that have been shovel-ready for several decades. From the mythic 2nd Avenue Subway to the oft-postponed James Farley Post Office there is plenty of public construction work that will likely be put off or canceled without federal aid.

Hopefully the government will appreciate the worth of these projects and the jobs they support and lend New York a hand. But no one should expect easy handouts. History tells us that much.

During the Great Depression, Robert Moses undertook some of the greatest public works projects in New York City's history, but it was not easy. Through aggressive lobbying and an incredible drive to produce "shovel-ready" plans, Moses fought to get New York one quarter of all federal construction dollars during the New Deal. His hard work kept more than 80,000 workers employed throughout the Depression and built numerous roads, most of the city and state parks and the Triborough Bridge.

Great things can be accomplished even in the worst of times. New York politicians should look to history's example and fight as hard as they can to build the city and keep New Yorkers hard at work.

Vigil held for worker killed in construction accident

A vigil was held in Southampton Village, New York, yesterday for an immigrant worker who died in a construction accident early last month.

About three dozen people attended the ceremony for Facundo Gonzalez, 33, who died when an improperly secured concrete wall fell on him.

Officials who spoke at the event touched on the safety issues that lead to these construction accidents. Vivian Viloria-Fisher, deputy presiding officer of the Suffolk legislature, was quoted in Newsday as saying "Unless every worker can work safely, then no worker can work safely. We have to be concerned that everyone who goes out to do a day's work, who also is a human being, is protected."

This is exactly the right sentiment. All manner of accidents, be they construction accidents, scaffold accidents, or auto accidents, happen far too often.

The system we have now is ill-equipped to preempt accidents. Inspection is lax and infrequent until after an accident occurs. Only then does the government truly step in and enforce safety regulations.

This is a terrible system for workers, but it is especially bad for immigrant workers.

These employees have no hope of policing their employers. They don't have unions to negotiate on their behalf. They don't have the English or schooling to parse complicated construction codes.

They don't even learn about the laws their employers are bound by until they have an accident. Then, if they're lucky, they consult a personal injury attorney who's willing to explain these things to them.

But by then it is too late: they are already injured and their lives are changed forever.

To improve this sad state of affairs federal, state and local governments must work together to establish effective oversight of the construction industry with a simple goal: Unsafe employers should face stiff penalties quickly, and without exception. It would be a big step towards the universally safe workplace Ms. Viloria-Fisher imagines.

David's Weekend Tally: Safety at risk as Elevator Mechanics, Bus Safety Inspectors and New York Hospital staff run Wild

We seem to have a trend this week among some of those upon whom we count most for safety and care, for allegedly either failing to do their job, falsifying documents, skipping work or even others who outright abused New York Hospital patients.

The New York Times reports on Friday that at New York's City's King's County Hospital Center, where a woman died in June on the floor of the emergency waiting room while staff members ignored her, patients were "routinely subdued with physical restraints and drugs instead of receiving individualized psychiatric treatment, and were frequently abused by other patients. " The melee reached fever pitch where, according to the details laid out in a 58 page report to Mayor Bloomberg, an autistic patient was forced to engage in oral sex.

The Times also reports on Saturday of systemic problems at the New York City Housing Authority's elevator division where workers have been repeatedly caught goofing off on the job. It is reported that the elevator division's failure to conduct N.Y.C.H.A.'s elevator maintenance is likely to pose a significant safety hazard over time and that tenants have complained for years about unsafe and unreliable elevators.

The Perecman Firm, PLLC represents the family of a 49-year-old woman who brought a wrongful death claim because she allegedly died from an asthma attack when she was forced to walk up 8 flights of stairs to get to her apartment because both of the elevators in her Bushwick Houses apartment complex were out of order.

If laziness and abuse were not enough, The New York Times also reports on Saturday that two former New York City Education Department inspectors pleaded guilty to taking bribes from school bus companies in exchange for doctoring records and overlooking safety violations. The City of New York was allegedly getting bilked by the falsified records which allowed for excessive billing.

Despite all of this, mark my words, when the Housing Authority gets sued by New York personal injury lawyers for negligence in the maintenance of their elevators they will, as they have before, fight tooth and nail, claiming that they were not responsible.

Likewise you can be certain that in the wrongful death lawsuit against the New York City Hospital stemming from the death of Ezmin Elizabeth Green a defense will be offered by top lawyers and the best attorney they can find. Sadly, as I have pointed out before, New York States' antiquated wrongful death laws will be of assistance to them in that pursuit.

Maryland incidents mirror New York crane accidents of 2008

The Baltimore Sun reports a man was critically injured in a crane accident in Annapolis early yesterday morning after parts of the crane he was working in fell and crushed part of the carriage.

A similar crane accident at the same site last year resulted in the death of a worker and, along with other crane accidents in New York and Miami, pushed the Maryland legislature to get to work on toughening crane operation regulations. Unfortunately, though the legislature has begun debating on the issue, legislation has yet to be passed.

Construction accidents like these are the reason I was so cheered the other day when the New York City Department of Buildings announced an outline for effective construction safety regulations. It's rare to see that sort of swift action from the city, and I am hopeful that the rest of the country follows New York's lead.

The New York personal injury lawyers I work with are never more upset than when they encounter a blatantly avoidable accident. So often workers are given bad instructions, asked to do work they are untrained for or forced to work in clearly unsafe conditions. Any law that makes it harder for employers to ignore their employees' safety is an unmitigated good.

Let's hope New York's proposed regulations are enacted quickly and are not watered down by special interests. In the meantime, have a great, safe weekend!

Transcripts and recordings of US Airways 1549 released

The US Federal Aviation Administration just released a transcript and recording of the radio communication between New York's LaGuardia Airport and US Airways 1549, the Airbus A320 that ditched in the Hudson River last month.

The communication between the pilot and air traffic controller revealed in the transcript is consistent with reports that the ditch and evacuation were composed, professional affairs.

Both the pilot and controller are calm and collected. They discuss which runways are available for an emergency landing until the pilot realizes he cannot make it to LaGuardia and decides to ditch the plane. The controller then musters the New York and Port Authority police, setting the rescue in motion.

Reading through the transcript was refreshing. With so many articles about accidents, incompetence and corruption in the news it's good to read a story about competent New York City workers saving people's lives.

New York Personal Injury Lawyer David Perecman Gets Personal With Former Soprano's Star Vincent Pastore

They say the wheels of justice grind slowly. But they do indeed grind. Cindy Adams reports in todays New York Post , it was only yesterday that jury selection was finally started by New York personal injury lawyer, David Perecman in the civil law suit against Vincent Pastore by his former fiance, Lisa Regina, who claims he assaulted her on April 2nd 2005, while they were driving to visit her family.

Although Mr. Pastore did face criminal charges this resulted in nothing more than 10 days of community service, 6 months of counseling and 1 year of full and final order of protection as a result of a guilty plea to attempted assault, according to court documents. According to David Perecman, a jury will now consider whether Ms. Regina should receive compensation and if so how much for the alleged assault and her claim of physical injury and post traumatic stress disorder.

Department of Buildings recommends improvements to safety rules

Robert D. Limandri, the new commissioner of the New York Department of Buildings, outlined a 41-point plan for overhauling safety regulations for crane, hoist, excavation and concrete operations.

The safety review comes as a result of Mayor Bloomberg's reordering of the department in the wake of last year's crane collapses. Two crane inspectors faced criminal charges and the former commissioner was fired.

Unsurprisingly, Mr. Limandri entered the department with reform high on his agenda. With this new safety plan, he seems to be making good on that promise.

Many of the provisions of the plan call for more rigorous and more frequent inspections of contractors and construction sites. Others call for more stringent certification for inspectors themselves. Still others promise new guidelines for the engineering and construction of cranes and buildings.

While too arcane to be of great general interest, the individual points of the plan would likely fascinate a New York City construction accident attorney or contractor. Everyone else can be satisfied that the New York City Department of Buildings is finally hard at work ensuring the safety of those who work and live in New York.

NYC Announces New Construction Safety Standards

New York City announced 40 new rules for construction site safety yesterday. The new rules aim to make high risk sites safer and to correct safety problems which led to two crane collapses in 2008.

Between March and May of 2008, nine people died in tower crane collapses. More than a dozen were killed in other miscellaneous construction accidents, many involving falls during the pouring of concrete.

The Department of Buildings now requires crane owners to sign off on repairs, supervise the raising and lowering of cranes and maintain older equipment. They are also working on a website which will detail the maintenance history and age of NYC cranes.

The city is also requiring that engineers inspect plans for pouring concrete, find ways to protect the job from wind gusts and inspect construction elevators.

Buildings officials say the new construction site safety regulations will take effect in the coming months.

Widow of Staten Island Ferry Crash is a Victim, too

Osserritta Robinson was married to her husband who died on the Staten Island Ferry which crashed in 2003. She lived in New York with him but now her residency application could be terminated. She is from Jamaica and wants to stay in New York. The problem is Mrs. Robinson was only married for eight months and citing federal law, Judge Dolores K. Sloviter said, "We conclude that a spouse ceased to be an immediate relative when the citizen spouse dies unless the couple had been married at least two years at the time of death."

I hope that Mrs Robinson has the best attorney for her case. I know I would want a top lawyer to work for me and take this to the United Stated Supreme Court to hear my case.

Safety instructor shortens 10-hour safety course to 2 hours

The Daily News published a scathing editorial yesterday aimed at OSHA's lax enforcement of its own safety regulations. The article took particular issue with a New York City safety instructor with a habit of condensing a mandatory, 10-hour safety course into a 2 hour "joke" complete with breaks for beer.

The instructor obviously skipped most of the content of the course and, according to the News, displayed only a tenuous grasp on the subjects he did address. He joked about snoring students, skipped over sections on scaffolds and ladders, and was perplexed by many of his own slides.

This sort of slipshod safety training will cause construction accidents. It is baffling that someone charged with safety training for something as intrinsically dangerous as construction work would discharge his duties in such a slovenly manner. It is baffling that OSHA would certify such a person.

Construction accidents are at an all time high. More than 180 people were seriously injured and 19 people died in construction accidents in New York City last year. Construction safety is a serious problem. OSHA should be leading the charge for stricter standards and tougher enforcement, but incidents like this cast a pall on the agency that it can ill afford.

Working with New York City personal injury lawyers gives me some sense of the harm construction accidents cause to people. Their lives, and the lives of their family members, are changed forever.

It is a pity this incompetent instructor cannot meet some victims of construction accidents. Perhaps then he would eliminate the "beer break" from his curriculum.

Peanut butter recall UPDATE

In what has become one of the largest product recalls in U.S. history, more than 800 peanut products have been recalled due to salmonella contamination at a Georgia plant.

The range of affected products is wider than ever - consumers would do well to check the FDA's handy search engine before eating anything that may contain peanuts.

Though the recall has expanded, my advice from my original post still holds: peanut butter, the classic sandwich spread, is safe. So if you must have peanuts, stick with that.

Both the FDA and Department of Justice are investigating PCA, the company that operates the contaminated plant. If the investigation turns up evidence of negligence I hope neither organization shies away from imposing harsh penalties on the company.

No one, whether at a construction site or a food company or anywhere else, should be allowed to gamble with the safety of others. It is past time for the government to start imposing responsibility on those that would make that bet.

Perecman Firm Fighting For Construction Worksite Safety

Numerous accidents have occurred at the Deutsche Bank Building in New York City, resulting from the absence of an adequate construction site safety plan, as well as insufficient construction safety inspections. David Perecman is fighting hard for worksite safety, by pleading for engineers to review their safety plans and perform more sufficient inspections of construction sites.

David's Week in Review: The Supreme Court , New York Construction Stimulus

Well here we are, another Sunday, but not just any Sunday. Its Super Bowl Sunday. Apparently due to the high degree of respect for the Super Bowl the New York region has kept a low profile in the news at least with regard to legal events.

However, an interesting article about the Supreme Court of the United States appeared in the New York Times today in the Week in Review section about the issue that will sit squarely in the lap of President Obama when a vacancy opens in the high court. Should he appoint a strong liberal or a moderate? We know he won't appoint a conservative. God knows our past presidents, especially George W. Bush did enough of that.

This New York personal injury lawyer has his two cents to chip in. Over the years we have seen very conservative appointments. We need a liberal voice. Given the opportunity the conservatives on the Court will quietly chip away at our rights. Someone has to stand up for the people. As Professor Stone said "The right side is very bold and very conservative. the liberal side is not bold. They are incrementalists. They dont set the agenda."

On another note the President's proposed stimulus packge could mean as much as $1.6 billion will be available for upstate New York school construction. New York City will hopefully get its share. As a New York construction accident lawyer I personally have handled many cases involving falls from ladders and scaffolds by construction workers while doing construction work on New York City schools. Lets hope the construction happens and the accidents don't. Workers!!! Be careful out there. Your employers may not be.

Have a safe week.

David Perecman