Zeferino Hernandez Middletown: Zeferino Hernandez Killed In Town of Wallkill Roof Fall Accident At Rotolo and Son Electric Along East Main Street —> Please Support The Family Through Go Fund Me
TOWN OF WALLKILL, NEW YORK (November 27, 2019) – A Middletown contractor identified as Zeferino Hernandez has tragically died after falling off the roof of a garage that he was repairing along East Main Street.
Orange County police officials are saying that Zeferino Hernandez fell through a roof and onto a truck. Paramedics were called to Rotolo and Son Electric in order to help the victim.
The man was discovered on the garage floor with injuries described as serious. Zeferino Hernandez was transported to the Orange Regional Medical Center, but was later pronounced dead.
An investigation into the Town of Wallkill roof fall accident that killed Zeferino Hernandez remains ongoing at this time.
A Go Fund Me page has been set up to help the family of Zeferino Hernandez. He is survived by a wife and three children. According to the Go Fund Me page, A tragic work accident took the life of our beloved Zeferino Hernandez on November 26, 2019. He leaves behind a wife and three children and several brothers and sister and nieces and nephews. […] He was the sole provider of his family, and with his passing, such a tragic event resulted in a huge void.”
Liability In Middletown Roof Fall Accidents
Falls are one of the leading causes of death and serious injury for construction workers in New York. According to the Safety and Health Magazine, “Construction worker fatalities continue to rise in New York state amid rampant safety violations, according to an annual report released by the New York Committee for Occupational Safety and Health, an advocacy group. The leading cause of death was falls, which accounted for 48 percent of the state’s construction worker deaths from 2007 to 2016.” There are a number of safety measures that construction companies must take in order to prevent falls including:
- Providing workers with fall arrest systems in the event of a fall.
- Employees should be trained in hazard recognition and undergo fall prevention training.
- Workers should be properly supervised to help prevent falls
- Employers should lead by example and make sure that they follow all of the rules that they enforce.
Under New York Labor Law 240(1) general contractors are held strictly liable if their workers are injured in falls. The statute covers gravity related injuries whether a worker falls or is subsequently hit by a falling object. There are, however, some noteworthy exceptions to the statute including:
- Injured workers must fall from “structures” – including garages, boats and subway tunnels
- One and two family households are exempt from NY Labor Law 240(1)
- NY Labor Law 240(1) requires that injured workers were doing specific types of work at the time of the accident including repairs, alterations and painting
Depending on the facts of any case a roof manufacturer could also be liable for an accident. Companies have a legal responsibility to create roofs that are reasonably sturdy. Roof collapse accidents tend to happen when roofs are constructed with inadequate or defective materials. It’s important that evidence is properly preserved and collected after an accident.
The family of any victim that died in a roof fall 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. Potential beneficiaries according to the statute may include a victim’s spouse, children, parents and siblings. A construction accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Town of Wallkill Construction Accident
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Zeferino Hernandez. Any person with knowledge about what happened should reach out to OSHA as they continue their investigation. It’s extremely important that workers are given the right equipment and training in order to prevent these accidents.