A construction worker injured in Wednesday’s deadly Brooklyn building collapse claims safety shortcuts at the neighboring development site may have contributed to the disaster, The Post has learned.
The laborer, who asked not to be identified because he fears losing his job and worries about his safety, has hired New York City construction accident attorney Christopher Gorayeb. The worker suffered knee, shoulder and back injuries when a wall collapsed onto him.
“Disasters are rarely caused by one single act. They result from a chain of mistakes and negligence,” Gorayeb told The Post.
“In this case, we are already seeing negligent conduct that appears to have accumulated and ultimately led to the collapse, as well as the deaths and injuries that followed.”
Gorayeb’s client worked for subcontractor Elite Concrete, helping lay the foundation for a planned mixed-use development at 2625 Bedford Ave. The site is next to the three-story apartment building at 1321 Flatbush Ave., which collapsed Wednesday, killing eight people — including two children and three construction workers.
Excavation was underway at the development site when the facade of 1321 Flatbush Ave. gave way and fell into the neighboring lot. Several victims were buried beneath the debris, and nearly 20 people were injured.
The injured worker alleges that developers relied on inadequate safeguards, including a 5-foot mound of dirt topped with concrete, to brace the neighboring apartment building instead of installing proper shoring, Gorayeb said.
Photographs supplied by Gorayeb, along with excavation plans approved by the city and reviewed by The Post, appear to show shoring around most of the building. One section, however, lacked the same support where the construction site met 1321 Flatbush Ave.
The laborer said 18 workers employed by Elite were on the site when the collapse occurred, but no representative of the general contractor was present. Gorayeb also said the workers were nonunion.
“Using dirt to bank against a building and hold it in place is something you would expect in the Third World,” said Gorayeb, a personal injury attorney with 40 years of experience.
According to Gorayeb, his client said the section lacked proper shoring because the owner of 1321 Flatbush Ave. objected to its installation.
“The building owner did not want shoring installed along that area, similar to the support placed near the rear yard, because it could have created holes and allowed water to leak into the building,” Gorayeb said.
“There was already knowledge of at least one crack in the building’s wall, and steps had been taken to reinforce that damaged area,” he added, pointing to a fissure identified on the north facade in a March report from the city Department of Buildings.
Gorayeb said his client remains unable to work because of his injuries, both in construction and at his second job in a kitchen.
The attorney said he plans to pursue claims against the owners of 2625 Bedford Ave., the general contractor and the engineers, while potentially naming the owners of 1321 Flatbush Ave. as well. He said he has not yet ruled out legal action against the city.
“This was a completely preventable accident, as most accidents are,” Gorayeb alleged. “They failed to take reasonable measures to support the building. Instead, they used procedures so inadequate that no competent engineer or contractor should have relied on them to stabilize an unsupported wall beside a residential building.”
Elite Concrete declined to comment, while the owner of 2625 Bedford Ave. could not be reached. No working phone number could be located for the landlord of 1321 Flatbush Ave.
A spokesperson for the Department of Buildings said the engineers’ excavation plans had been approved after officials determined that they complied with city requirements. The agency emphasized, however, that its investigation continues following the devastating collapse.
“As part of our broader investigation, we will also determine whether the work was carried out in accordance with the approved plans,” the DOB said in a statement.
The Brooklyn District Attorney’s Office is conducting a separate investigation. Gorayeb said the possibility of criminal charges could prolong the civil litigation over damages for as long as a decade.
“The deaths of two children make clear that this was not merely an accident that could have been prevented — it was one that should have been prevented,” he said.
Gorayeb said his client did not report his concerns to supervisors before the collapse because he feared being fired. The worker would have spoken up, the lawyer added, had he understood that the conditions posed a threat to life.
“Many laborers are there to follow instructions and perform their jobs, not to offer recommendations or challenge the way something is being done,” Gorayeb said. “Everyone wants to keep working. They do not want to create problems.”
The family of one of the victims has also retained an attorney, according to Jacob Oresky of Oresky & Associates, PLLC.
“We are investigating the circumstances surrounding the collapse to determine what went wrong and whether the failure to follow proper, safe construction practices caused this tragedy,” Oresky said. “Our goal is to obtain answers, accountability and justice for our client’s family and everyone harmed in this terrible accident.”
— Additional reporting by Peter Senzamici
DISCOVER MORE: Sydney mum Sammi reunites with cruise lover after fiancée reveal
