Worker sues over crane accident at Garapan construction site

A construction worker has filed a lawsuit in federal court over a crane accident that caused a long and heavy pipe to roll, crushing his left leg at a hotel and casino project site in Garapan last February.

Anwar Hossain, through counsel William M. Fitzgerald, is suing his former employer, MCC International Saipan Ltd. Co., for allegedly violating the Workmen’s Compensation Law and for negligence.

Hossain asked the U.S. District Court for the NMI to hold MCC International liable to pay him $200,000 in lost wages and medical expenses, and $300,000 in non-economic damages, plus punitive damages in an amount to be determined at trial.

Saipan Tribune tried but failed to get comments from MCC.

According to Fitzgerald in the complaint, MCC in 2015 began construction of Best Sunshine International, Ltd’s hotel and casino project in Garapan and continues to work on the property with an expected completion date of February 2017.

Fitzgerald said that, on Jan. 23, 2016, MCC hired Hossain, a Bangladeshi, as a construction worker to work at the soon-to-rise Grand Mariana Casino & Hotel Resort construction site.

On Feb. 4, 2016, MCC assigned Hossain to assist in the transfer of two piles of long and heavy pipes from one location at the construction site to a truck, which would remove the pipes from the site.

This task, Fitzgerald said, was to be accomplished using a crane, which would lift each pipe from the top of each pile, elevate it and move it over to be lowered onto the truck, which would then transfer it off the construction site.

The lawyer said Hossain’s job was to make sure that guide wires from the crane’s boom were secured to each pipe before it was lifted by the crane.

After successfully transferring numerous pipes, Fitzgerald said, Hossain secured the guide wires to a pipe, which the crane operator then raised in a very fast and careless manner, without waiting for the signal from Hossain or any of the other workers.

Fitzgerald said when the operator lifted the pipe in this rapid and careless manner, he knew that he was required to insure that the pipe was stable and even before continuing to elevate it, but he failed to do so, and continued to raise the pipe rapidly even though it was wobbling.

As the crane operator continued to raise the pipe, it tilted to one side and struck the pile of other pipes, causing the pile to collapse.

Fitzgerald said one of the pipes rolled on to Hossain’s left leg, crushing it and causing excruciating pain and deep lacerations on both legs.

An ambulance took Hossain to the hospital, where he was diagnosed with a crushed left leg and laceration of both legs.

Later, Fitzgerald said, the doctors discovered another wound on the right ankle and Hossain was taken back to the operating room on Feb. 17, 2016.

From the time of the accident and up to the present, Fitzgerald said, Hossain has been unable to work and has continued to suffer pain in the legs.

Pursuant to the Commonwealth Worker’s Compensation Law, the lawyer said, MCC is liable for the payment of Workmen’s Compensation benefits for injuries to or death of its workers, but has failed to provide any benefit to Hossain or pay for his medical treatment.

Since Feb. 4, 2016, Hossain has allegedly not been paid by MCC and because of his injuries, incurred while working under their employment he has been unable to work.

Despite being aware of his injuries and that Hossain was hospitalized from Feb. 4, 2016 to Feb. 27, 2016, MCC allegedly has failed to secure payment of Hossain’s medical bills incurred as a result of his injury or any other benefits under the Commonwealth Workmen’s Compensation Law.

As the construction company, Fitzgerald said, building the hotel on the worksite and having undertaken to employ workers to accomplish this, MCC was under a duty to provide these workers a safe worksite and working environment.

He said the negligence includes, among other things, failure to employ a qualified crane operator, failing to employ appropriate safety standards to be followed by its crane operators, and constructing the pipe moving operation with an insufficient number of workers to insure safe operation.