Alejandro Pellisa New Rochelle: Alejandro Manuel Caisaguano Pellisa from the Bronx Killed In New Rochelle Electrocution Accident While On Cherry Picker At Construction Site
NEW ROCHELLE, NEW YORK (February 17, 2020) – A 26-year-old construction worker identified as Alejandro Manuel Caisaguano Pellisa has tragically died in an electrocution accident while on a Cherry Picker.
New Rochelle police are saying that the accident took place around 2:30 p.m. at 164 Union Avenue. For reasons that remain under investigation Alejandro Manuel Caisaguano Pellisa was in a cherry picker when it came into contact with electrical lines.
The accident electrocuted the cherry picker and caused Alejandro Manuel Caisaguano Pellisa to fall from the truck. The victim was apparently working on the exterior of the building when the accident occurred.
Paramedics were called to the scene in order to help the construction worker. Despite life-saving measures Alejandro Manuel Caisaguano Pellisa later died due to his injuries.
Liability In New Rochelle Cherry Picker Accidents
Electrocutions are one of the “fatal four” types of accidents that account for nearly 60% of all deaths in the construction industry. According to OSHA, “The leading causes of private sector worker deaths (excluding highway collisions) in the construction industry were falls, followed by struck by object, electrocution, and caught-in/between. These “Fatal Four” were responsible for more than half (58.6%) the construction worker deaths in 2018, BLS reports. Eliminating the Fatal Four would save 591 workers’ lives in America every year.” Electrocutions account for around 8.5% of fatal accidents. There are a number of measures that companies should take to prevent their workers from being electrocuted while using boom lifts:
- Non-electrical workers should always stay at least 10 feet away from live overhead power lines
- Drivers of boom lifts should avoid sudden jerks that can cause the vehicle to come into contact with power lines
- Electrical workers who must work around power lines must wear Class E insulated hard hats, voltage rated shoes, rubber gloves and rubber sleeves
- Power lines should be de-energized before the start of a shift
- Qualified workers must train aerial lift workers about the limitations of the lifts that they are using
When a worker is killed in New York their family will typically have recourse through the workers compensation system. Employers in New York are required by law to purchase workers’ compensation policies. According to the New York Worker’s Compensation Board, “Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board.” Benefits are provided to workers and their families regardless of who is considered at fault for the accident.
What many workers and their families may not realize is that the workers’ compensation system may not be their only resource after an accident. Depending on the facts of any case a worker or their family may be able to seek help through a third party liability claim. A third party liability claim may be possible if an entity separate from a worker’s employer was responsible for an accident. There are a number potential sources of third party liability for an accident involving power line electrocutions:
- (1) A general contractor could be liable for an accident if they violated New York Labor Law 241(6). Under this statute companies are not allowed to let their employees perform their job duties near live electrical current.
- Consolidated Edison may face civil liability for an accident if they failed to properly de-energize live electrical lines before a worker started their shift.
- A cherry picker manufacturer may face liability if their machine lacked the safety equipment that could have prevented it from coming into contact with live electrical lines. Cherry pickers are supposed to have safety devices that can detect electrical fields and prevent the lift from being raised or lowered into line electrical wires.
The family of any victim that died in an electrocution accident may be able to seek justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses and loss of love. Beneficiaries in a civil claim will include a victim’s spouse, children, siblings and parents. It’s important that all evidence is properly preserved and collected after an accident. A construction accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A New Rochelle Electrocution Accident
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Alejandro Manuel Caisaguano Pellisa. Any person that may have seen what happened should reach out to OSHA as they continue their investigation. It is our sincere hope that measures are put in place to help prevent additional accidents like this. Companies should always prioritize the safety of their workforce.