The violation of safety and health regulations in the workplace by CHESAKL ENTERPRISES, Inc., a metal fabrication, construction, and installation company in New York City, resulted in a worker, Johanna Alexandra Palacios Guachilema, falling from a height and becoming disabled for life.

The blame for this problem is placed on CHESAKL ENTERPRISES, Inc., which is accused of being negligent in providing a safe workplace for its employees, failing to comply with New York State labor laws, and refusing to pay the injured worker restitution.

In the United States, promoting a safe, healthy, and secure workplace is one of the government’s four strategic labor goals. This includes enforcing occupational safety and health regulations and laws in all businesses, regardless of their size. The U.S. Department of Labor is implementing innovative laws and programs to protect workers’ health and labor rights to achieve this goal.

However, despite these efforts, some well-known companies continue to disregard safety at their manufacturing facilities in violation of all laws. Among them is CHESAKL ENTERPRISES, Inc., a metal fabrication, construction, and installation company located in New York City. The company has been irresponsible for the lives and health of its employees, exhibiting a negligent attitude towards workplace safety.

Unfortunately, this lack of regard for safety has had tragic consequences. Johanna Alexandra Palacios Guachilema, an employee of CHESAKL ENTERPRISES, Inc., fell from a height while on the job, injuring her legs and leaving her disabled for life. Despite being entitled to restitution under New York State labor law, the company has refused to pay the injured victim.

As a result, on October 31, 2022, Johanna Alexandra Palacios Guachilema filed a lawsuit against CHESAKL ENTERPRISES, Inc. in New York State Supreme Court. The lawsuit accuses the company of negligence, and as a person employed in construction and demolition work, Palacios Guachilema is entitled to the protections afforded to persons employed under New York State labor laws, including Labor Law §240 and §241.

This case highlights the importance of workplace safety and the need for companies to comply with occupational safety and health regulations and laws. The U.S. government is committed to promoting a safe, healthy, and secure workplace for all workers, regardless of their job or industry. By enforcing these laws and regulations, companies can ensure that their employees are protected, and that tragic accidents like the one experienced by Johanna Alexandra Palacios Guachilema are prevented.

Falling from heights is a serious issue in American workplaces and can have devastating consequences for employees. In 2020 alone, there were 5424 reported cases of injury due to falls from heights. That number dropped from the year before, which saw 7,014 cases, but the fact remains that this is still the number one cause of injury on the job.

So why do these accidents keep happening? The answer is simple: workplace safety violations. A safe workplace prevents injuries and deaths, reduces violations, and improves employee productivity and morale. Happy employees are more productive, and that can increase company profitability. However, this simple rule didn’t apply to CHESAKL ENTERPRISES, Inc. and Joanna Alexandra Palacios Guachilema, leading to tragic consequences.

In the case of Ms. Guachilema, several safety violations contributed to her injuries. Employers were not given safety briefings, hazardous areas were not marked, safety belts and straps were not provided, and no special equipment or protective gear was on site. In addition, portable ladders and stepladders were not used, all directly violating sections of the New York State Labor Code.

Ms. Guachilema worked at a construction site located at Third Avenue in New York from 2005 to 2009. She was repairing and painting a room as part of the work contracted by CANDID Connection Inc., which had contracted with CHESAKL ENTERPRISES, Inc. to work on the project. However, on August 30, 2022, Ms Guachilem suffered severe and permanent injuries after falling from a height while working on the site.

Ms. Guachilema sustained severe injuries, leaving her with painful shock, internal and external injuries, and severe damage to her limbs. She was bedridden for an extended period, unable to work or engage in her usual occupation. As a result, she was forced to seek sustenance and funding for medical treatment, but CHESAKL ENTERPRISES, Inc. denied her damages, citing Article 16 CPLR, which imposes limitations on civil liability.

This tragic case highlights the importance of workplace safety and the devastating consequences of a lack of attention to safety regulations. Employers are responsible for setting up and running a safe and suitable environment for all their employees. Notifying employers of a crack that’s compromising the team’s health and safety can cause consequences.

All applicable safety policies should be followed and enforced in order to prevent similar incidents from recurring.

In the bustling city of New York, construction sites are a common sight. The construction industry is thriving with the rise of skyscrapers and ever-evolving infrastructure. However, with the rapid pace of work and the pressure to meet deadlines, the safety of workers is often compromised. The recent case of CHESAKL ENTERPRISES INC. highlights the importance of adhering to workplace safety regulations.

Under the Occupational Safety and Health Act, businesses in the United States are obligated to ensure the safety of their employees. This includes informing them of workplace hazards and providing them with training in safety procedures. Additionally, any workplace injuries must be recorded, and the appropriate authorities notified. However, CHESAKL ENTERPRISES INC. failed to meet these basic requirements.

Johanna Alexandra Palacios Guachilema, a concerned citizen, has alleged that hazardous working conditions have existed at a CHESAKL ENTERPRISES INC. construction site for some time. According to Guachilema, representatives and employees of the company must have been aware of the risks associated with the site. It is, therefore, a case of willful negligence towards their employees.

It has been further alleged that the defendant and its agents failed to provide adequate safety measures at the site. According to the complainant, the construction site lacked safety belts, harnesses, and protective gear. Furthermore, portable ladders or stepladders were not used. This means that the workplace violated sections of the New York State Labor Code 241 and other applicable ordinances and regulations.

The careless and reckless acts of CHESAKL ENTERPRISES INC. are inexcusable under the common law doctrine of Res Ipsa Loquitur. This doctrine states that if a defendant’s negligence is obvious and self-evident, they cannot escape liability. In this case, the defendant violated laws, rules, regulations, and codes, leading to workers’ injuries.

In a case highlighting the importance of workplace safety regulations, Johanna Alexandra Palacios Guachilema suffered a life-altering injury due to the negligence of her employer, CHESAKL ENTERPRISES Inc., and its agents. The incident violated several rules and regulations by OSHA and New York State Labor Law.

According to the plaintiff’s arguments, Section 16 CPLR 7, which is often used by defendants accused of negligence, should not apply in this case. Paragraph 9 of that section states that the rule does not apply if an employer violates labor laws and allows an employee to work in a dangerous area, as was the case with Palacios Guachilema. Thus, CHESAKL ENTERPRISES INC. attempt to use Article 16 CPLR as a defense is likely to be futile and an attempt to deceive the court.

The victim’s condition worsened with time, as physical pain turned into emotional pain, and she lost her job. She used a wheelchair, limiting her ability to participate in social activities. Although compensation from CHESAKL ENTERPRISES INC. could have helped alleviate some of the issues that arose, the company’s lack of insurance payments and moral compensation only added to the victim’s hardship.

What is particularly troubling about this case is that CHESAKL ENTERPRISES INC. portrays itself as a highly professional team with licensed employees, modern equipment, and a responsible approach to the quality of work done. However, the company’s negligent behavior towards its employees suggests otherwise. Sadly, Palacios Guachilema is not the only worker at CHESAKL ENTERPRISES Inc. to have been injured due to company negligence.

The case of Johanna Alexandra Palacios Guachilema should serve as a call to action for society to prioritize protecting workers’ rights and the prevention of similar tragedies. When a large company disregards the law and the well-being of its employees, it is the legal system’s responsibility to hold them accountable. The plight of Palacios Guachilema highlights the importance of enforcing workplace safety regulations and ensuring that companies are held responsible for their actions.