Fatal Construction Accidents in New York

According to the Occupational Safety and Health Administration, there are four major causes behind construction fatalities in New York City: falls, struck-by incidents, electrocutions, and caught-in/between accidents. Many of these deaths are preventable if workers are provided with adequate safety equipment and training, but unfortunately, not every job site meets those standards. Some companies or construction site owners will skirt safety regulations to cut costs, endangering their workers in the process.

In 2015, Carlos Moncayo, a 22-year-old construction worker, died tragically at a New York City construction site after his employers ignored multiple warnings about dangerous working conditions. Because of New York’s strict limitations on penalties for criminal corporate liability, Carlos’ family received almost no compensation for his death. However, in 2022, New York Governor Kathy Hochul signed legislation establishing Carlos’ Law, amending the state’s penal code to increase penalties for criminal corporate liability for the death or injury of employees.

Before Carlos’ Law was established, if a corporation was found guilty of an offense involving the death or injury of a worker, the court could order restitution or reparative fines of no more than $10,000. Now, courts can impose penalties of up to $500,000. The law is designed to hold corporations accountable for injuries employees suffer while also serving as a deterrent to companies that may have otherwise employed unsafe work practices.