Legal Rights, Safety Issues & Worker Protection
What are the primary factors contributing to the rise in construction worker deaths in NYC?
The main cause remains consistent: general contractors failing to provide adequate tools and safe work practices while pushing workers to complete jobs faster. This pressure negatively impacts safety, leading to substandard tools and inadequate fall protection. Falls remain the leading cause of wrongful death in construction accidents, despite New York’s Labor Law 240 requiring contractors to provide fall protection.
Why haven’t New York’s stringent safety regulations prevented these fatalities?
The issue isn’t with the regulations themselves but with compliance and enforcement. Contractors and landlords often disregard or fail to enforce these statewide regulations. This non-compliance has led to increased building department fines and citations. Rather than addressing safety concerns, the construction industry often deflects by blaming workers or claiming fraudulent accidents.
Why are workers hesitant to report construction accidents?
Workers, especially those involved in minor accidents, often fear job loss and continue working through injuries. This decision can backfire as minor injuries may develop into more serious conditions. Delayed reporting gives insurance companies ammunition to deny claims or attribute injuries to other causes. Workers must document site conditions, ensure accurate accident reports, and protect their interests as contractors may attempt to manipulate accident details.
How has the pandemic affected construction site safety?
While COVID-19 initially led to stricter site protection measures and slower work pace, current safety issues stem from companies trying to recoup pandemic losses by pushing workers harder. The root causes remain unchanged: unsafe conditions and disregard for existing safety regulations in favor of faster, cheaper project completion.
What legal options do families have after losing a loved one in a construction accident?
Families can pursue labor law violations, but must first establish an estate through surrogate’s court before filing suit. Once the next of kin is appointed as an Estate Representative for the deceased, our NYC construction accident lawyers who handle wrongful death cases, can file a lawsuit against the general contractor and landowner and seek monetary damages for the construction worker’s pre-death pain and suffering, as well as the loss of finanical support that they would have provided throughout the course of their life, including loss of support, guidance, education, and nurture for children. The evaluation of the financial loss components of a construction fatality case typically involve analyzing union contracts, benefit records, and retaining a forensic economist to prepare economic projections of the construction worker’s lifetime earnings. Additional considerations include household contributions and parental duties.
What challenges do families face in seeking accountability?
Immediate challenges include understanding accident circumstances, as construction companies may not be forthcoming. Investigations require collecting police records, incident reports, OSHA investigations, and witness statements. Municipal construction sites require notice of claim within 90 days, making early legal representation crucial. Multiple family members may have claims, requiring careful navigation of surrogate’s court procedures.
What changes are needed in legislation and construction practices?
Proposed improvements include eliminating notice of claim requirements, extending municipal job site statute of limitations, and expanding industrial code protections to cover currently excluded areas like lifting injuries. While construction remains inherently dangerous, implementing proper safety measures can prevent many accidents and deaths.
What should injured workers do immediately after an accident?
Document everything immediately – if you know the co-workers, ask them to photograph what caused the injury and surrounding conditions. This is crucial as contractors and owners typically contact their insurance companies immediately and may attempt to shift blame to workers or alter site conditions. The “recalcitrant worker defense” – claiming workers were told not to use certain equipment – has become a common tactic, making photographic evidence vital for worker protection. Our NYC construction fatality lawyers have decades of experience in fighitng for construction workers and their families
