Construction Worker Deaths - Unsafe Construction Sites Are More Fatal Than Ever
Lives Lost and Unaccountable Corporations
Construction worker deaths are on the rise. Last year, 22 New York City construction workers died while on the job. Three perished last month alone. A new law signed by Governor Kathy Hochul last year provides some incentives for employers to take safety more seriously. But recently enacted legislation, named Carlos’ Law, might not be enough.
Carlos’ Law
Carlos’ Law is named after 22-year-old Ecuadorian immigrant Carlos Moncayo, who was buried alive in a 13-foot trench while on the job. New York City Council Member Francisco Moya drafted the law in 2016. According to Moya, “[t]he skyline of New York should be built on the sweat – not the blood – of its workers.”
The law sets a $300,000 base fine for construction contractors guilty of lethal negligence. While fines can go up to $500,000, there is no minimum amount. This creates a problem. Without a minimum, contractors might determine that it’s cheaper to pay the fines than invest in safer job sites.
Lack of Safety Training
Construction contractors continue to take advantage of vulnerable groups. The formerly incarcerated and migrant workers are particularly at risk. As of 2021, 53% of NYC’s construction workers were immigrants.
Many New York construction workers do not have the proper safety training. NICE, New Immigrant Community Empowerment, has seen its waitlist for state-required construction safety training double from 300 to 600. Workers clearly want the training, but their employers are not providing it. As a result, many untrained workers continue to work on job sites.
The New York City government has taken note of the issue. The Department of Buildings (DOB) is conducting safety sweeps of all 40,000 NYC construction zones by the end of spring 2023. Fines will be handed out for violations, but whether this will improve worker safety is unclear. Many contractors continue to ignore workplace safety issues.
Non-Union Companies
Non-union contractors pose perhaps the biggest threat to worker safety, as without a union to protect them, non-union workers are often forced to take on dangerous tasks at unsafe construction sites. In 2022, 17 of the 22 construction deaths occurred at non-union sites.
Non-union companies are especially unlikely to change their ways. One such company, Joy Construction, has racked up 34 OSHA violations and thousands of dollars in fines since 2000. Seven incidents involved worker falls, one of which resulted in a death. Just last month, construction worker Linden Samuel was killed on a Joy Construction site. He was crushed to death by an excavator bucket. After a separate accident months before his death, Samuel had expressed concern that his coworkers were mostly untrained. Joy Construction continues to operate in NYC.
The Future for Construction Safety
Will Carlos’ Law lead construction companies to address the rising death toll? Or will those companies elect to pay the fines rather than improve safety standards and training?
For workers and their families, civil litigation remains the best tool to fight against unsafe working conditions. Unlike the maximum fine of $500,000 under Carlos’ Law, civil courts can impose multi-million-dollar verdicts against construction companies in a wrongful death lawsuit.
Experienced construction accident attorney Michael S. Lamonsoff knows what it’s like to work for negligent companies. He doesn’t just fight them in court, he grew up working on their construction sites. His personal and legal experience in the construction industry make him a particularly tough adversary for these negligent employers, and a particularly powerful representative for injured workers and their families.
His client’s call him “The Bull” because of his relentless effort to fight for the compensation injured construction workers and their families deserve.
If you or someone you know has been injured or even passed away due to events on a negligent worksite, call The Bull today at 212.962.1020.
Or click or tap here to send us a message: https://bit.ly/3FiPkHC.