STATEN ISLAND, N.Y. — Severely burned when he was shocked by electricity while installing a switch at the Teleport in Bloomfield earlier this year, a New Dorp man is creating a few sparks of his own.
Juan Garcia has sued the Port Authority and others for negligence over the Jan. 5 incident.
Garcia, 31, an employee of Control Electrical Contracting Corp. in Stapleton, alleges the defendants created an unsafe work place by allowing charged wires to be present in the area where he was working.
The wires should not have been charged contends Garcia’s civil complaint, which also alleges he was not provided “suitable and proper equipment.”
Anthony Mascolo, Garcia’s lawyer, said his client’s company was helping perform renovations in a building at 2 Teleport Drive.
After the incident, a Port Authority spokesman told the Advance Garcia was burned by a junction box.
Mascolo said Garcia has undergone several operations for skin grafts and may need more surgery.
Garcia is heavily scarred on the side of his face, upper torso and arms, said the lawyer.
“Functionally, he’s not anywhere near 100 percent,” said Mascolo, a partner in the Great Kills firm of Bosco and Mascolo. “He wants to return to work, but he can’t. It’s been a slow process.”
The lawyer said his client may never be able to work again in the same capacity.
While initially in the hospital, Garcia was completely bandaged around his arms, head, chest and face, said Mascolo. He couldn’t speak then and communicated by nodding his head.
The suit, filed in state Supreme Court, St. George, seeks unspecified monetary damages.
Besides the Port Authority, it names the Corporate Commons of Staten Island and the Nicotra Group as defendants.
Garcia’s civil complaint identifies all the defendants as owners and operators of the premises. It also alleges the Nicotra Group was the general contractor.
Control Electrical is not a named defendant, but was cited on June 29 by the federal Occupational Safety and Health Administration for three serious violations of workplace safety standards.
OSHA, which investigated the incident, has proposed $14,700 in penalties.
Control Electrical is contesting the violations and penalties, said an OSHA spokesman.
A Control Electrical official could not immediately be reached for comment.
The OSHA violations report said Garcia was shocked while installing a relocated fusible switch on an energized duct.
The switch was incorrectly wired, the report said.
The violations also allege Control Electrical exposed Garcia to electrical shock and flash hazards by permitting him to work on an energized power circuit “when it was not de-energized, grounded or effectively guarded by insulation or other means.”
The company also failed to provide Garcia with protective equipment for his eyes, face, head and extremities, OSHA maintains.
A Port Authority spokesman said the agency is aware of the lawsuit but doesn’t comment on pending litigation.
A Nicotra Group spokeswoman said the company does not discuss matters that are before the court.
Source: www.silive.com
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