NY’s Hidden Crisis: Deadly Construction Sites

Construction work remains among the most dangerous occupations in the U.S., and, although New York has strict construction safety codes, NYC’s skyline boom has intensified the problem. 

This article explores the scope of deadly construction sites, the specific impact on Hispanic construction workers, local regulations, and what families should do if tragedy strikes. 

Construction Work Fatalities In The USA

The construction industry has the highest number of fatalities in the United States. In 2023, the Bureau of Labor Statistics (BLS) reported 1,075 construction-related deaths. This fatal injury rate in construction has become steady at 9.6 per 100,000 full-time workers.

According to the Occupational Safety and Health Administration (OSHA), there are four types of accidents that are the most common causes of death in construction sites.

1. Falls, slips, and trips
2. Struck‑by incidents
3. Caught in or between objects
4. Electrocutions

Falls, slips, and trips, one of OSHA’s “Fatal Four” elements, were the cause of death in 421 cases, representing 39.2% of all construction fatalities.

Hispanic Construction Worker Fatalities

Hispanic construction workers in the United States are exposed to significantly higher fatality rates than their non-Hispanic peers. 

According to the BLS, in 2023, 1,250 Hispanics died as a result of workplace accidents. Of those, 839 involved foreign-born individuals, and 315 were immigrant construction workers.

Their risk is driven by various systemic issues, like:

1. Limited training and language barriers: There are various Hispanic immigrants who do not have proper training and have not received any safety instructions in their native language.
   
2. Small-employer concentration: Foreign-born workers, especially those who do not have proper immigration documentation, work in small construction companies. The majority of the fatal falls, around 70% happened in small firms with less than 10 workers.
   
3. Fear of retaliation or deportation: Considering the current political climate, immigrant workers are often scared to report or reject any unsafe conditions.
   
4. Union underrepresentation: Foreign Hispanic construction workers generally work in non-union sites. These jobs are usually less safe than the union workplaces.

New York Construction Worker Fatalities

New York State and City share the national concern: construction-related deaths remain a persistent issue. 

According to Open NY, in the last year, 23 construction workers died due to falls from heights; 8 died after being struck by objects; 4 workers died as a result of being caught in between objects, and one died from electrocution. Of those, 28 were non-union workers and 11 were unionized. 

To reduce construction worker fatality, New York has some of the most stringent construction worker safety laws, such as Section 240 of the New York Labor Law, designed to protect workers on elevated platforms.

What To Do After A Construction Accident At Work?

If you or a loved one suffers harm on a job site, follow this guide:

1. Seek immediate medical care: You should always put safety and health first. After an accident, seek immediate help and prioritize treatment to make sure all injuries are documented.
2. Notify your supervisor: Report the incident in writing to your supervisor as soon as possible. Make an official report so that it is recorded in the accident log.
3. Document the scene: Take videos and photos of the site condition, equipment, and any visible injuries.
4. Collect contact information: After the initial process, record video and audio of the witnesses and preserve any communication and site safety logs to gather evidence.
5. File a workers’ compensation claim: File a workers’ compensation claim within 30 days of the injury. It is important to keep track of the days, as there might be a period within which the file should be claimed.
6. Consult a workplace accident attorney: Insurance companies will try to minimize the amount of damages. Moreover, a workplace injury lawyer can help you get the maximum amount of compensation for the damages caused.
7. Consider a personal injury lawsuit: A construction work attorney can help you explore the possibility of making the responsible party pay.

If your loved one died in a construction accident, contact a trusted wrongful death attorney as soon as possible. You and your family deserve compensation.

What Is Workers’ Compensation In New York, And How Do I File A Claim?

In New York, workers’ compensation is a no-fault system providing crucial support to injured workers and families of those killed on the job. Benefits include:

• Medical treatment coverage for all injury-related care, prescription drugs, and ongoing rehabilitation.
  
• It provides lost wage compensation of around 66% of pre-injury earnings. This percentage depends on the percentage of disability and statutory caps.
  
• Total or partial disability payment for any permanent damage, depending on the severity of the injury.
  
• Moreover, they provide death benefits as well. If any worker dies because of a workplace accident, their family and dependents get compensation.
• Vocational rehabilitation helps workers who can’t return to their previous job return to the workforce.

To file, employees must:

• Notify their employer within 30 days of the incident.
  
• Complete and submit Form C‑3 to the Workers’ Compensation Board.
  
• Mail the form to a local carrier or file an e-claim and provide a copy to the employer.
  

When Can I Sue After a Construction Work Accident in New York?

Even with workers’ compensation, additional legal avenues may be available. In New York, you can pursue a lawsuit if:

• Third-party negligence: If the accident resulted from the negligence of a third party, such as faulty equipment manufactured by someone else or unsafe subcontractor practices.
  
• Employer negligence. If your employer acted with extreme negligence, you can sue them. For example, if they did not follow the scaffolding law.
  

A successful wrongful death or personal injury lawsuit can recover:

• Pain and suffering: Compensation for physical and emotional distress not covered by workers’ comp.
  
• Lost future earnings: If you were expected to continue earning beyond wage replacement caps.
  
• Punitive damages: In cases involving egregious wrongdoing.
  
• Additional economic damages: Like medical bills, funeral costs, and legal expenses.
  

Know And Protect Your Rights

Deadly construction sites are a growing threat in NYC. Discover what’s behind this crisis and what legal options workers’ families have. 

Explore your legal rights and speak with a successful construction work accident legal team. If you are a Hispanic construction worker who suffered an accident, receive a free consultation now.

Read More:

• Steps to Take If You’re Denied Workers’ Compensation
• How Strong Law Offices Helps Clients Win Workers’ Compensation Cases
• Maximizing Your Workers’ Comp Claim: Expert Advice from a Harrisburg Attorney