Construction Site Deaths Reach Alarming Levels Across New York

Report Shows Rising Construction Fatalities Across New York State with OSHA Violations Tied to 74%

Construction workers across New York State face growing risks every day they step onto a job site. According to the latest data from the New York Committee for Occupational Safety and Health (NYCOSH), 74 construction workers lost their lives in 2023—the highest number reported in a decade. Of those deaths, 30 occurred in New York City, which also reached a 10-year high.

These numbers paint a stark picture of an industry where safety protocols often fall short and where the consequences of oversight failures can be devastating. Families are left grieving, and injured workers face steep medical bills, lost wages, and lasting disabilities. When safety violations and negligence are involved, the law allows victims and their families to pursue justice.

What the Latest Construction Fatality Data Tells Us

The NYCOSH report draws on information from the Occupational Safety and Health Administration (OSHA), the Bureau of Labor Statistics, and the New York City Department of Buildings. It reveals not only a sharp increase in fatalities but also troubling patterns related to safety violations and employer misconduct.

• Statewide Construction Deaths: 74 workers died in New York in 2023.
• New York City Deaths: 30 occurred within the five boroughs.
• City Fatality Rate: 11.6 deaths per 100,000 full-time construction workers.
• Statewide Fatality Rate: 10.4 per 100,000—up 8.3% from the year before.
• National Average: 9.6 deaths per 100,000 construction workers in 2023.

These rates underscore the fact that construction remains one of the deadliest industries in the country. In New York, the problem is particularly acute in urban centers with dense development, where high-rise projects and tight schedules increase hazards.

OSHA Violations and Employer Responsibility

One of the most alarming findings from the NYCOSH report is that 74% of fatal construction incidents involved employers with existing OSHA violations. This means that in three out of four deadly accidents, there was already a documented pattern of safety noncompliance.

These violations often involve:

• Failure to provide fall protection systems.
• Inadequate training or supervision.
• Lack of personal protective equipment (PPE).
• Unsafe scaffolding or ladder usage.
• Defective or poorly maintained equipment.

In many cases, the fatality could have been prevented if the employer had followed basic safety standards. Federal law requires employers to ensure a safe work environment, and when they fail to do so, they may be held accountable for the resulting injuries or deaths.

Disproportionate Impact on Latino Workers

The report also highlights a deeply concerning racial disparity. In 2023, 26% of all construction deaths in New York involved Latino workers, even though they make up only 10% of the state’s overall labor force. This mirrors national data showing that Hispanic and Latino workers face higher fatality rates in construction than other demographic groups.

Contributing factors may include:

• Language barriers during safety training.
• Employment by subcontractors with weaker safety oversight.
• Reluctance to report unsafe conditions due to immigration status or fear of retaliation.
• Limited access to union protection or workplace advocates.

This pattern raises serious concerns about unequal protection under workplace safety laws and highlights the need for stronger enforcement and culturally competent safety programs.

Legal Framework for Holding Contractors and Employers Accountable

When a worker is killed or seriously injured on a construction site, the law provides several paths for recovery depending on the circumstances:

• Wrongful Death Lawsuits: Families may file claims against negligent contractors, property owners, or third parties whose actions or inaction led to the fatal incident.
• Third-Party Injury Claims: Injured workers cannot sue their direct employer in most cases due to workers’ compensation laws, but they may bring personal injury claims against general contractors, property owners, or equipment manufacturers.
• Labor Law 240 (“Scaffold Law”): New York imposes strict liability on property owners and general contractors for gravity-related accidents such as falls from scaffolds or ladders.

Claims may cover:

• Medical costs
• Lost wages and benefits
• Pain and suffering
• Loss of financial support and companionship
• Funeral expenses

Legal action also plays an important role in pressuring the industry to adopt stronger safety standards and avoid cutting corners.

Carlos’ Law and Increased Penalties for Corporate Negligence

In response to growing outrage over preventable construction deaths, New York passed Carlos’ Law, named after a worker who died on a Bronx job site. This law dramatically increased the criminal penalties for companies found responsible for worker deaths or serious injuries:

• Minimum Fine: $500,000
• Maximum Fine: $1 million

Carlos’ Law empowers prosecutors to pursue felony charges against corporations that engage in criminal negligence leading to death or serious injury. NYCOSH and other advocates argue that more district attorneys should be using this tool to prosecute negligent employers—not just impose civil fines.

If corporations know they can face serious financial and legal consequences, the hope is that safety will become a top priority rather than a cost-cutting casualty.

Preventing Future Construction Deaths

The NYCOSH report doesn’t just outline the problem—it offers clear recommendations for preventing future tragedies. These include:

• Mandatory Safety Training: Require certification and continuing education for all construction workers across New York, with funding available to remove cost barriers.
• Blacklist for Repeat Offenders: Prevent companies with repeated safety violations from receiving public contracts or government funding.
• License Revocation: Revoke licenses of contractors with egregious safety records.
• Strengthen OSHA: Increase funding and staffing for OSHA and block legislative attempts to weaken the agency’s authority.
• Public Accountability: Encourage prosecutors to use criminal statutes to hold corporations accountable for worker deaths.

These strategies reflect a growing consensus that safety must become non-negotiable in the construction industry, particularly in high-risk urban areas.

FAQs About Construction Death Lawsuits in New York

Can a family file a lawsuit if a loved one dies on a construction site?
Yes. Surviving family members can file a wrongful death lawsuit against third parties such as contractors, property owners, or equipment manufacturers. This type of claim may seek compensation for funeral expenses, lost income, and emotional suffering.

Is workers’ compensation the only option after a construction accident?
No. While workers’ compensation is often the primary avenue for recovery, injured workers or their families may also bring third-party lawsuits if another party’s negligence caused the injury or death.

What is New York’s Scaffold Law?
Labor Law 240, also called the Scaffold Law, provides strong protections for workers injured in falls or by falling objects. It places strict liability on contractors and property owners for gravity-related construction accidents.

What is Carlos’ Law?
Carlos’ Law increases criminal penalties against companies found criminally negligent in cases involving worker injuries or fatalities. Fines can reach up to $1 million.

What evidence is needed to support a construction accident lawsuit?
Important evidence may include OSHA reports, witness statements, site photographs, medical records, employer violation history, and expert safety assessments.

How long do families have to file a wrongful death claim in New York?
Generally, a wrongful death claim must be filed within two years of the death. However, legal deadlines can vary, and prompt action is critical.

What compensation can be recovered in a construction injury lawsuit?
Compensation may include medical expenses, lost income, rehabilitation costs, permanent disability, and damages for emotional pain and suffering.

Contact Parker Waichman LLP For a Free Case Review

If your loved one died or you were seriously injured on a construction site, you may have the right to pursue compensation. Parker Waichman LLP is a national personal injury law firm representing construction accident victims and their families across the United States. We are currently investigating cases involving construction fatalities and serious injuries in New York and other states.

Call 1-800-YOUR-LAWYER (1-800-968-7529) today for a free consultation. Our team is ready to review your case and explain your legal options. You may be entitled to financial recovery for your loss, and your case can help hold negligent employers accountable. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you.