Construction Worker Fatalities in New York

Construction work ranks among the most dangerous professions in the United States and particularly in New York due to the inherently risky environment and physically demanding tasks.

Why New York Construction is One of the Most Hazardous Occupations with a High Rate of Fatalities

Construction sites are dynamic, fast-paced, and complex with multiple simultaneous operations, heavy machinery, and frequent changes to site conditions. Workers typically face hazardous conditions including heights, moving equipment, electrical exposures, confined spaces, and toxic substances.

In New York City alone, the combination of dense urban construction, aging infrastructure, and tight schedules exacerbates risks. The construction workforce includes a diverse range of trades, including carpenters, ironworkers, electricians, laborers, and more. Each of them is exposed to unique dangers. High-rise building projects multiply risks of falls from significant heights.

Notably, compressed project timelines can increase pressure on workers and contractors, sometimes leading to corners being cut on safety protocols.

The Bureau of Labor Statistics reports that construction accounts for a disproportionate share of workplace fatalities nationally. New York's local OSHA and construction safety reports reveal that despite progress in safety training and regulations, construction accidents still cause numerous deaths each year. Contributing factors include inadequate training, insufficient personal protective equipment (PPE), failure to follow safety procedures, and sometimes negligent supervision.

OSHA “Fatal Four” Construction Site Accidents in New York

OSHA identifies the “Fatal Four” causes responsible for nearly 60% of construction worker deaths nationwide. These apply heavily in New York construction accidents:

Falls: The leading cause of fatalities on construction sites. Workers fall from scaffolds, roofs, ladders, and unprotected edges. In NYC, high-rise projects increase the severity of these incidents. Lack of fall protection systems, failure to use harnesses, or poorly maintained scaffolding are common issues.
Struck by Object: Workers can be fatally injured by falling tools, materials, or moving vehicles and equipment. Construction sites often have cranes lifting heavy loads, or debris that can fall unpredictably. Failure to secure materials or inadequate site barriers may contribute to these deaths.
Electrocutions: Contact with live wires, improper grounding, or working near power lines cause fatal electric shocks. NYC construction sites frequently deal with complex underground utilities and overhead power lines, increasing electrocution hazards.
Caught-in/between: This category includes workers crushed by collapsing trenches, machinery, or caught between heavy equipment and objects. Trench collapses are a significant risk in urban infrastructure projects, where excavation is common.

Workers’ Compensation in New York for Construction Worker Fatality

When a construction worker dies on the job in New York, workers’ compensation benefits provide a critical safety net for the deceased’s family. New York Workers’ Compensation Law mandates employers to carry insurance covering medical expenses and death benefits for workers injured or killed on the job.

For fatalities, eligible survivors such as spouses, children, and dependent parents can receive weekly death benefits calculated as a percentage of the deceased worker’s average weekly wage, subject to statutory minimums and maximums. Burial expenses may also be reimbursed.

These benefits are paid regardless of fault, meaning even if the employer was not negligent, the family is still entitled to compensation under workers’ compensation.

However, workers’ compensation does not cover non-economic damages like pain and suffering or punitive damages. It also does not compensate for wrongful death claims against negligent third parties, which families might pursue separately.

I went to see Michael S. Lamonsoff for a wrongful death case and they were very professional and honest when it came to my case. When walking into the office they made you feel at home and I am very pleased of the outcome of the case and I would recommend him to other cases like this one.

Client

Schedule A Free Consultation

Wrongful Death Claims in New York for Construction Worker Fatality

In addition to workers’ compensation, New York law allows families to file wrongful death lawsuits when a construction worker dies due to someone else’s negligence or recklessness. Wrongful death claims are brought by personal representatives or close family members and seek compensation beyond what workers’ compensation covers.

These claims can include damages for:

Loss of financial support and future earnings
Loss of companionship, guidance, and emotional support
Funeral and burial expenses
Punitive damages in rare cases of egregious misconduct

In construction fatalities, liable parties may include general contractors, subcontractors, equipment manufacturers, property owners, or even governmental entities responsible for site safety.

Because New York’s workers’ compensation law bars suing employers directly for negligence, wrongful death claims typically target third parties who contributed to the fatal accident. Proving negligence requires thorough investigation, including analysis of OSHA violations, safety records, eyewitness testimony, and expert opinions.

OSHA Regulations to Prevent Construction Worker Fatalities in New York

The Occupational Safety and Health Administration (OSHA) enforces comprehensive regulations specifically tailored to the construction industry aimed at reducing fatalities. Key OSHA standards relevant to New York construction sites include:

Fall protection requirements such as guardrails, safety nets, personal fall arrest systems
Trench safety protocols including protective systems like trench boxes and sloping
Electrical safety standards mandating proper grounding, de-energizing lines, and use of GFCIs
Requirements for proper scaffolding design, inspection, and training
Training mandates for all construction workers on hazard recognition and site safety practices

New York’s OSHA (NYSDOL Public Employee Safety and Health Bureau) works in conjunction with federal OSHA to conduct inspections, issue citations, and enforce compliance. Frequent OSHA inspections target high-risk construction projects and known hazardous conditions.

Despite these safeguards, enforcement gaps or non-compliance can result in preventable fatalities. Worker training, safety culture, and management commitment are vital complements to regulations.

Time is of the Essence: Statute of Limitations in NY Construction Worker Wrongful Death Claims

In New York, families pursuing legal action after a construction worker’s death must act swiftly due to the strict time limits imposed by law. The statute of limitations determines how long a decedent’s estate has to bring a wrongful death lawsuit. Failing to file within this window can permanently bar the claim, regardless of its merits.

General Rule: Two-Year Deadline

Under New York Estates, Powers and Trusts Law § 5-4.1, a wrongful death lawsuit must be filed within two years from the date of the worker’s death. Only a duly appointed personal representative of the decedent’s estate (not just any family member) has the legal authority to file the claim.

Key Considerations:

Discovery of Negligence Is Not a Factor: The two-year clock starts at the date of death, even if the family didn’t immediately discover negligence or the liable party.
Government Entity Involvement: If a municipal entity (e.g., the City of New York, MTA, or a public agency) is a defendant, a Notice of Claim must be filed within 90 days of the death, and the lawsuit must be commenced within one year and 90 days.
Criminal Case Exception: If the defendant is criminally prosecuted for the same incident, the civil wrongful death claim may be tolled for up to one year after the conclusion of the criminal case.

Because statutes of limitation are strictly enforced and case-specific factors may shorten or extend the time to file, families should consult a knowledgeable New York construction wrongful death attorney immediately.

Steps Family Members Should Take After the Wrongful Death of a Loved One in a Construction Accident in NY

Losing a loved one in a construction accident is devastating, and navigating the legal aftermath can be overwhelming. Family members should consider the following steps:

Seek Immediate Legal Counsel: Engage an experienced New York construction accident wrongful death attorney who can advise on rights and options, investigate the accident, and protect evidence.
Notify the Employer and OSHA: The employer must be notified of the fatality, and OSHA should be contacted to initiate an investigation. Families can request OSHA reports and findings.
Gather Documentation: Collect medical records, accident reports, witness statements, and employment records. These will be critical for claims.
File Workers’ Compensation Death Benefits Claim: Ensure a timely claim is submitted for workers’ compensation benefits to cover burial costs and ongoing support.
Investigate Third-Party Liability: Determine if contractors, equipment manufacturers, or others share fault and could be sued for wrongful death damages.
Preserve Evidence: Request preservation of the accident scene and any relevant equipment for forensic examination.
Consider Expert Evaluation: Retain experts in construction safety, accident reconstruction, and medical causation to build a strong case.
Adhere to Deadlines: New York wrongful death claims must be filed within two years from the date of death. Timely action is essential.

Construction work in New York remains perilous, but families of those lost have important legal protections. Knowing the causes of fatalities, relevant laws, and how to proceed can help families seek justice and financial recovery after tragedy strikes on a construction site.

Frequently Asked Questions

Can More Than One Party Be Sued in a Construction Wrongful Death Case?

Yes. In New York construction wrongful death claims, it is common for multiple parties to share liability. These can include general contractors, subcontractors, property owners, equipment manufacturers, and even third-party vendors. Each defendant’s role in site safety, supervision, or providing defective tools can create independent grounds for liability. Strategic legal claims can be filed against each responsible entity to maximize compensation for the family.

Is a Workers’ Compensation Death Benefit My Only Option?

Not always. While workers’ compensation provides limited death benefits to surviving dependents, it does not cover full lost earnings, emotional loss, or punitive damages. If a third party (not the employer) caused or contributed to the accident, such as a negligent contractor or property owner, a separate wrongful death lawsuit can be filed to pursue broader damages.

What If My Loved One Was Undocumented? Can I Still Bring a Claim?

Yes. New York law does not bar undocumented workers or their families from seeking compensation for wrongful death. Immigration status has no bearing on legal rights under state labor laws or wrongful death statutes. In fact, courts have repeatedly affirmed that all workers, regardless of documentation, are entitled to legal protection and remedies.

Can a Wrongful Death Claim Be Filed Without an Autopsy?

Yes, although an autopsy can significantly strengthen the case by identifying the cause of death, it is not legally required to bring a claim. Medical records, accident reports, witness statements, and expert testimony can provide sufficient proof to establish causation and negligence in the absence of an autopsy.

What Happens if the Construction Company Declares Bankruptcy After the Death?

Even if the employer or contractor files for bankruptcy, other parties may still be liable. Notably, insurance policies carried by those parties generally remain valid and can provide compensation. In some cases, claims can also be filed against insurance guaranty funds or bonding companies.

Get High-Powered Legal Representation from Our NYC Construction Accident Attorney

When tragedy strikes on a construction site, grieving families need a legal fighter on their side. Michael S. Lamonsoff, Esq., known throughout New York as “The Bull,” has built a reputation for taking on the biggest construction companies, developers, and insurers—and winning.

With over $500 million recovered and more than 150 years of combined legal experience, the Law Offices of Michael S. Lamonsoff has delivered landmark verdicts like $37 million for an injured construction worker. Empowered by 1,400+ 5-star reviews from clients and a steadfast commitment to justice, “The Bull” never backs down. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.