Frankie Torchia Clark Mills: Frankie Torchia of Utica Killed In Clark Mills Construction Site Accident After Falling From Roof on Main Street
CLARK MILLS, NEW YORK (November 5, 2019) – A 33-year-old construction worker from Utica identified as Frankie Torchia has tragically died in a construction accident after being hit by metal sheet before falling from building roof on 7692 Main Street.
Clark Mills police are saying that the accident took place around 11:00 a.m. Investigators are saying that Frankie T. Torchia was hired to do construction on the building.
The victim was on the roof with one other worker. Both Frankie Torchia and the other man were setting down a 30-foot piece of metal on the roof.
A strong gust of wind caught the piece of metal and knocked Frankie Torchia off the roof. Paramedics were called to the scene in order to help the victim.
Despite life-saving measures the victim later died at the scene. OSHA and the New York Department of Labor are currently investigating the accident.
Deputies do not believe that safety harnesses were being used when the fall occurred.
Liability In Clark Mills Roof Fall Accidents
Falls are one of the leading causes of work place injury and death. In fact, they account for nearly one third of workplace deaths. According to EHS Today, “falls account for 76 percent of fatalities in the roofing industry, and workers in the roofing industry are three times more likely to experience fatal work-related injuries than other construction workers.” For the most part construction falls are preventable. Here are some of the safety measures from OSHA designed to prevent falls:
- Employers must develop a plan to make sure workers are given the right equipment to prevent falls. This includes providing workers with fall-arrest-systems.
- Employers must train workers in hazard recognition and how to safely use ladders, scaffolds and other equipment.
- Employers must supervise workers to ensure fall protection equipment is being used and maintained.
- Employers should lead by example and follow the rules that they are responsible for enforcing.
Construction workers are granted a number of rights under New York Labor Law 240(1). Commonly referred to as the “Scaffold Law,” Labor Law 240(1) covers cases involving workers who fell or who were hit by falling objects. It covers gravity related injuries. Building owners and general contractors are held strictly liable for failing to keep workers safe from fall risks. There are, however, a few exceptions:
- One and two family households are exempt from NY Labor Law 240(1)
- An injured worker must fall from a “structure.” This commonly refers to buildings but may include boats, rail cars, subway tunnels and garages.
- NY Labor Law 240(1) requires construction workers to be doing specific types of work at the time of the injury including alterations, repairs, cleaning or painting.
The family of any worker that died in a construction fall may have legal recourse through a wrongful death claim. Damages can help cover lost wages, medical bills, funeral expenses and pain and suffering. Unfortunately, insurance providers will often try to downplay the extent of a victim’s injuries or a family’s loss. A construction accident attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating A Clark Mills Construction Accident
We at Pulvers, Pulvers & Thompson extend our deepest sympathies to the family of Frankie Torchia. Any person with knowledge about this accident should reach out to OSHA as they continue their investigation. This was a preventable tragedy that should not have taken place. It’s extremely important that roof workers are given fall-arrest systems and that they are properly trained. Safety rules need to be enforced in order to prevent another tragedy like this.
Have you or someone that you care about been involved in a roof accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that construction workers and their families are aware of their rights. Whether you just have questions about NY Labor Law 240(1) or need a free investigation into an accident we are here for you. You can reach out to us anytime at 212-471-5106.