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 fatalities in in New York States rose 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%.
Construction Accident Lawsuits in NYC
New York has one of the strongest legal avenues for injured workers. 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.
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 under-insured 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.
