New York Construction Worker Deaths Reach Highest Number in Ten Years

Legal Support for Families and Injured Workers After the Deadliest Year in a Decade on New York Construction Sites

Construction Worker Fatalities Surge Across New York State and City

In 2023, New York experienced a staggering rise in construction-related fatalities, reaching the highest number in the past ten years. According to data released by the New York Committee for Occupational Safety and Health (NYCOSH), 74 construction workers lost their lives statewide. Thirty of those tragic deaths occurred within New York City. This alarming spike underscores the deepening safety crisis affecting one of the state’s most dangerous professions. Behind these statistics are grieving families, lost livelihoods, and lives cut short due to preventable incidents on worksites that too often operate without proper safety protections.

The increase in fatalities did not occur in a vacuum. NYCOSH’s annual report cites a clear pattern: on 74% of worksites where a fatality occurred, OSHA violations were also present. These violations—such as lack of fall protection, failure to provide safety training, or neglecting hazard communication—are not trivial oversights. They are life-and-death failures that turn routine workdays into tragedies. New York’s construction industry, long plagued by safety lapses, now faces renewed scrutiny as advocates, lawmakers, and legal professionals push for reform.

If your loved one died in a construction accident or if you suffered serious injuries while working in construction in New York, it is important to understand your legal rights. Parker Waichman LLP is currently reviewing claims nationwide involving wrongful death and catastrophic injury from unsafe construction conditions. Families may be eligible for compensation and accountability through wrongful death lawsuits, civil liability claims, and actions brought under enhanced laws like Carlos’ Law.

The Real Impact of Construction Worksite Safety Failures

While construction is always associated with some level of risk, the circumstances under which most of these fatalities occurred were not unpreventable. In many cases, the causes of death—falls, electrocution, being struck by equipment, or trench collapses—can be prevented through proper safety protocols, personal protective equipment (PPE), and comprehensive training. When employers cut corners or ignore known hazards, they place their workers at heightened risk of injury or death. The latest NYCOSH report confirms this pattern with clear data: more than seven out of ten fatal accidents happened on sites where employers were already in violation of OSHA safety standards.

Employers have a legal and moral duty to maintain safe work environments. When they fail to do so and that failure results in death, they can and should be held accountable under New York labor law and federal safety regulations. For the families left behind, legal action is often the only way to secure compensation for medical bills, funeral costs, lost income, and the emotional devastation caused by a sudden, preventable loss.

Disproportionate Impact on Latinx Construction Workers

One of the most concerning findings in the 2023 NYCOSH report is the racial disparity among those killed. Although Latinx workers make up just 10% of New York’s total workforce, they accounted for 26% of the construction fatalities in the state. This disproportionate rate reflects a broader national trend and points to serious structural problems within the construction industry, including language barriers, exploitative working conditions, and inequitable access to safety training.

Latinx and immigrant construction workers are often hired by subcontractors or smaller firms that are less likely to enforce proper safety regulations. These workers may not be provided with training in their native language, or they may fear retaliation for speaking out about unsafe conditions. In the worst cases, employers may knowingly assign dangerous tasks to workers who have not been properly trained or equipped.

This imbalance must be addressed—not only by policy and regulatory agencies, but also through the legal system. Holding negligent employers accountable sends a message that all workers, regardless of background or immigration status, deserve to go home safely at the end of the day. Legal claims brought forward by surviving family members can shine a spotlight on these abuses and help prevent future tragedies.

How Carlos’ Law Strengthens Legal Accountability

In response to repeated worksite fatalities and negligent contractor behavior, New York passed Carlos’ Law, a significant piece of legislation aimed at increasing criminal penalties for companies whose actions lead to worker deaths. The law is named in honor of Carlos Moncayo, a 22-year-old construction worker who was killed in a preventable trench collapse. Carlos’ Law increases the minimum fine for corporate criminal liability to $500,000 and the maximum to $1 million.

While Carlos’ Law does not replace civil legal action, it adds another layer of accountability. It gives district attorneys and prosecutors a powerful tool to bring criminal charges against companies that knowingly disregard safety laws. For victims and their families, it also provides hope that systemic change is possible.

However, criminal prosecutions are rare, and many families still must turn to the civil court system to receive justice. Wrongful death and construction injury lawsuits allow families to seek compensation directly from employers, contractors, and property owners. These claims not only provide financial relief—they also hold companies accountable in the eyes of the public.

NYCOSH Recommendations and the Push for Reform

NYCOSH’s 2025 report calls for urgent action to improve construction site safety and reduce worker deaths. Key recommendations include:

• Mandating safety training and certification for all construction workers across New York, regardless of immigration status or union affiliation
• Eliminating financial barriers that prevent workers from accessing required training
• Denying public contracts and project licenses to firms with repeat OSHA violations
• Revoking the licenses of negligent contractors
• Prosecuting safety scofflaws under Carlos’ Law
• Increasing OSHA funding and restoring pre-pandemic levels of safety inspections

The report emphasizes that change is not only necessary—it is overdue. Despite years of advocacy and awareness campaigns, deaths continue to rise, and violations continue to go unpunished. Legal action plays an essential role in turning these recommendations into real-world consequences for companies that fail to protect their workers.

Legal Options for Families of Construction Workers Killed on the Job

Families who lose a loved one due to a construction site fatality may be eligible to file a wrongful death lawsuit in New York. These claims may be filed in addition to workers’ compensation death benefits and can provide a more complete picture of justice. Depending on the facts of the case, you may be able to pursue compensation for:

• Loss of financial support and income
• Pain and suffering of the deceased prior to death
• Funeral and burial expenses
• Emotional trauma and loss of companionship
• Punitive damages in cases of gross negligence

Injured workers who survive construction accidents may also file personal injury lawsuits if a third party was responsible, such as a subcontractor, equipment manufacturer, or property owner. Parker Waichman LLP has extensive experience representing injured workers and the families of those killed in construction-related incidents.

It is crucial to act quickly. Evidence must be preserved, and time limits for filing claims—known as statutes of limitations—may apply. The sooner your case is reviewed, the better the chances of building a strong claim for justice and compensation.

Contact Parker Waichman LLP For a Free Case Review

If your loved one died in a construction accident or if you were seriously injured while working in construction, legal help is available. At Parker Waichman LLP, we stand with workers and families nationwide who have suffered the consequences of preventable safety failures.

Our firm is actively investigating wrongful death and serious injury claims tied to New York construction fatalities. We are here to help you understand your legal rights and pursue the compensation your family deserves.

Call us now at 1-800-YOUR-LAWYER (1-800-968-7529) for a free, no-obligation consultation. Justice starts with one phone call. Regardless of your location or where your injury occurred in New York, our New York wrongful death law firm is ready to assist you.