New York’s City Skyline is ever growing, and lives up to the State’s motto, “excelsior.” However, rapid progress is parallel to significant risk. Construction Accidents in New York City have become a growing concern, with fatalities in New York State rising by 48% in recent years, increasing the death toll from 50 in 2022 to 74 in 2023.
In the midst of a booming building sector and a large push for affordable housing, an issue not lost in the recent NYC mayoral debates, developers are under pressure to meet aggressive deadlines.
In many cases, accelerated timelines have led to calibrated training sessions, insufficient safety planning, and a lack of oversight. Non-union sites are particularly vulnerable to unreported accidents.
In addition to industry failures, regulatory oversight has dissipated. The NYC Department of Buildings (BOD) have cut staffing and contributed to fewer inspections, slowing down enforcement. Moreover, OSHA’s average fine for fatal accidents has also dropped a whopping 45%.
Why New York Has the Strongest Laws for Construction Accident Lawsuits
When it comes to protecting workers after they sustain an injury on the job, few states offer the same legal avenues as New York’s labor laws.
The Empire State has built a robust reputation for having the best pro-worker protection in the country, giving injured employees multiple opportunities to recover adequate compensation for medical bills, lost wages, and disability.
Construction Accidents in New York City often highlight the importance of these laws, as they provide critical recourse for injured workers.
At the center of New York’s worker legal protection system is a group of statutes, which include – Labor Law Sections 200, 240, and 241.
These protections go above and beyond most other labor laws. They hold property owners and general contractors to strict safety measures, ensuring that construction sites are as safe as possible.
Labor Law Sections 200 & 241
Labor Law Section 200 enforces an employer’s duty to provide a safe working environment. It covers a wide landscape of safety hazards, from poorly placed signs to inadequate machinery.
Section 241 goes one step further in requiring strict compliance with specific safety regulations, usually in accordance with OSHA. It includes excavation and demolition work. Breaking of any of these laws can almost certainly lead to a lawsuit.
The Great “Scaffold Law”
One of the most infamous examples is New York’s Scaffold Law. The law stands on its own in that it imposes absolute liability on owners and/or contractors for elevated accidents.
This includes falls from scaffolds, ladders, or elevated floors, which are among the most common causes of Construction Accidents in New York City.
In most other states, the employee would have to prove negligence in order to actually win a potential construction accident lawsuit.
However, under this law, if the injury occurs due to improper safety devices failing or not being provided, liability is almost a default. This puts an injured worker in a far stronger position to recover compensation.
Under NY Scaffold Law, injured workers can pursue construction accident lawsuits against property owners and general contractors if unsafe conditions caused or contributed to their injury(s). This doesn’t have to include only their employers, like in other states.
These lawsuits result in settlements or verdicts upwards of a million dollars, far exceeding workers’ compensation benefits, which most injured workers rely on.
Workers’ Compensation
In contrast to personal injury lawsuits, workers’ compensation in New York falls under a no-fault system, determining benefits to a fixed weekly income and medical care.
Injured workers are generally barred from suing their employer(s) directly. Lifetime awards are capped at about 10X the annual income.
These benefits are far smaller than what can be recovered by way of a Labor Law claim. If a worker gets hit in the head by a falling object, workers’ compensation may only cover medical expenses and partial wage replacement.
However, pursuing a construction accident lawsuit with a personal injury firm under New York’s unique statues may promise a higher monetary recovery for lost earnings in addition to pain and suffering.
New York’s workers’ compensation system ensures almost every injured construction worker medical coverage and partial wage replacement – no matter who might’ve been at fault for the accident.
This framework plays a critical role in supporting those impacted by Construction Accidents in New York City.
While the benefits do not allow for pain and suffering, it is nonetheless an adequate safety net for all workers. It also guarantees financial payouts much sooner than a lawsuit would resolve.
One of the key abilities of a New York injured worker is that they can often pursue both a workers’ compensation case and a separate injury lawsuit under the Labor Law sections.
Workers’ compensation takes care of immediate needs, while a 3rd party personal injury claim can provide much larger recoveries that include both pain and suffering, and loss of future wage earnings.
Why It Matters
The amalgamation of a building boom, crumbling enforcement capacity, and systematic negligence has a created a particularly chaotic environment for NYC construction workers.
Despite a general decline in overall incidents and abrasions in DOB reports, many of these statistics cover up a persistent and growing risk in highly hazardous working sites that include cranes, scaffolds, and heavy machinery.
Legal options like Labor Law claims are now more important than ever before for holding negligent parties responsible. A workers’ comp lawyer can help with providing basic protections, but often leaves injury victims financially underinsured in the long term.
The tragic spike in deaths and serious injuries calls for a more robust focus. There is a screaming need for more inspections, better training, and continued support for the construction laws that hold the right people accountable.
Construction is still the most dangerous industry to work in across all sectors. New York’s legal framework still stands as a bulwark in offering a path to recovery and financial stability.
Guide to Construction Accidents in New York City
New York’s construction industry faces rising risks amid rapid growth and weakened oversight, but its labor laws give workers some of the strongest protections in the nation.
With tools like the Scaffold Law and the ability to pursue both workers’ compensation and third-party lawsuits, injured employees have powerful avenues to seek justice.
Still, the surge in fatalities underscores the urgent need for better training, stricter inspections, and stronger accountability to ensure progress doesn’t come at the cost of workers’ lives.
