Rising Workplace Injuries and Fatalities in New York Demand Urgent Legal and Policy Action

Legal Options for Injured Workers and Families Seeking Justice

Across New York, earning a living has become significantly more dangerous. Nearly 200,000 workers suffer injuries every year, and the rate of workplace injury continues to climb, far surpassing national averages. According to recent data, New York’s workplace injury rate per 100 full-time workers rose consistently over the past three years, outpacing the national rate by at least 25 percent in 2022.

The industries experiencing the most harm include those that employ primarily low-wage and immigrant workers. Construction, warehouse labor, nursing homes, food manufacturing, and hospital work are at the top of the injury list. These workers are often placed under extreme pressure without adequate protections, and when injury occurs, they are too frequently left without meaningful support.

Fatality data tells a similar story. Over the last decade, workplace deaths in New York have averaged 250 annually, more than 10 percent higher than the previous decade. These numbers reflect not only a breakdown in safety enforcement, but also systemic failure in how workers are protected under state labor laws and workers’ compensation programs.

Warehouse Work and Construction Sites Are Among the Deadliest Workplaces in New York

The rise in warehouse injuries is especially troubling. Between 2017 and 2022, warehouse injuries in New York State increased fivefold. The injury rate jumped from 3.6 to 8.8 per 100 workers, meaning nearly one in every 11 warehouse workers sustained an injury in 2022. This surge correlates directly with the expansion of e-commerce giants like Amazon, where work is fast-paced and safety regulations often go unenforced.

Workers report intense physical strain, especially in large fulfillment centers. Common injuries include lower back damage, muscle sprains, and repetitive strain trauma. Many of these injuries are preventable with proper safety protocols, but large employers continue to prioritize productivity over protection.

Construction is even more hazardous. In 2022, 24 construction workers died on the job in New York City alone. While construction made up just 3.1 percent of all employment in the city, it accounted for over 25 percent of the 83 job-related fatalities that year. These deaths often occur on unregulated worksites with minimal oversight.

Latinx and immigrant construction workers bear the brunt of the risk. According to the New York Committee on Occupational Safety and Health (NYCOSH), immigrant workers are more likely to be injured or killed and less likely to report unsafe conditions due to fear of retaliation.

Hospitals, Nursing Homes, and the Retail Sector Also See a Sharp Rise in Injury Rates

While construction and warehousing get most of the attention, they are not the only sectors in crisis. Hospitals and nursing homes have also seen drastic increases in workplace injuries.

From 2018 to 2022, nonfatal injuries more than doubled in hospitals and rose by 94 percent in nursing homes across New York. In 2022 alone, hospitals recorded over 13,000 instances where an employee missed work due to an occupational injury, more than any other industry in the state. These include injuries from patient handling, falls, workplace violence, and exposure to illness.

Retail workers, especially in grocery and big-box stores, recorded the second-highest number of missed workdays due to injuries. These are often physically demanding, high-turnover roles where safety is rarely prioritized.

Despite working on the front lines, these employees are routinely denied adequate care, compensation, and legal remedies after getting hurt.

Workers’ Compensation in New York Is Failing Injured Workers

New York’s workers’ compensation system was designed to support workers by providing wage replacement and covering medical bills after a workplace injury. But today’s system often leaves injured workers behind.

Workers receive only two-thirds of their average weekly wages, and the duration of those payments is limited, 10 years for permanent partial disability and only 2.5 years for temporary disability, even if recovery takes longer. These arbitrary limits mean many workers are left with no support long before they are able to return to work.

Low-wage and immigrant workers face even greater obstacles. The complexity of filing claims, language barriers, and the lack of hearings all contribute to a system that favors insurers over workers. The Workers’ Compensation Board has increasingly moved away from in-person hearings, issuing “non-hearing” decisions that leave many workers in the dark.

Benefit levels also lag behind neighboring states by roughly one-third, leaving New York workers with less compensation even though they face higher injury rates.

Insurance Companies Profit While Injured Workers Suffer

While workers are struggling to pay bills and recover from injuries, insurance companies are thriving. Employer costs for workers’ compensation have dropped to just 1 percent of total employee compensation, while insurer profits have soared.

Between 2014 and 2021, the total dollar amount of benefits paid to workers declined by nearly one-third. Over the same period, insurance industry profits doubled, reaching $1 billion annually. When investment returns are factored in, the industry posted $2.1 billion in profits per year during the five years ending in 2021.

This imbalance shows that the system is not broken, it is working exactly as designed, just not for injured workers. Insurers and employers are saving money, while injured workers are pushed into poverty or forced to return to unsafe job sites.

Policy Solutions: What Needs to Change in New York

Reforming New York’s workplace injury landscape starts with legislative action. Proposed laws like the Warehouse Worker Injury Reduction Act would mandate safety training, health and safety committees, and empower the Labor Department to enforce workplace safety rules. Workers would also be given a private right of action to sue over unsafe conditions.

For construction workers, NYCOSH recommends increased inspections by the Department of Buildings, criminal prosecution of negligent employers, and harsher penalties for companies that repeatedly violate safety regulations.

Workers’ compensation laws must also be revised. This includes:

• Raising minimum and maximum benefit levels
• Removing arbitrary time caps on compensation
• Restoring the right to a fair hearing
• Simplifying the claims process
• Making materials available in multiple languages

Finally, the State Insurance Fund’s $10 billion surplus should be directed toward injury prevention programs and better support for those already hurt.

Legal Options for Injured Workers and Families After a Workplace Injury or Death

Injured workers and families who lose a loved one on the job may have legal claims beyond workers’ compensation. Depending on the facts, victims may be able to pursue:

• Third-party personal injury lawsuits against negligent contractors, manufacturers, or property owners
• Product liability claims for defective equipment or machinery
• Wrongful death claims for fatal job-related incidents

These types of claims can result in compensation for:

• Full lost wages (not capped at two-thirds)
• Pain and suffering
• Emotional distress
• Funeral and burial costs
• Future lost income for dependents

It’s important to work with a firm that has experience in both personal injury law and New York labor regulations. Parker Waichman LLP represents workers and families throughout the state and has the resources to investigate unsafe workplaces, prove negligence, and fight for the compensation clients deserve.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

If you or a loved one suffered a serious injury or fatality in a New York workplace, call Parker Waichman LLP today. We represent injured workers and grieving families across the state. Our attorneys are ready to fight for the compensation you deserve. Don’t let delays or confusion stop you from getting justice. Call 1-800-YOUR-LAWYER (1-800-968-7529) for a free consultation today.