Construction workers in New York, particularly those in New York City, are always in danger of injury. Working in highly congested areas, often tens of stories above street level, construction workers put their lives at risk to get the job done.

Who’s working construction?

In a city like New York, one can always hear the sound of a jackhammer in the distance. Construction is continual and it will probably always be so. But who’s doing these jobs? We asked Joseph P. Awad, the Immediate Past President of the New York State Trial Lawyers Association (NYSTLA), to provide some insight. “In 2003, the Community Development Research Center of the Graduate School of Management and Urban Policy at the New School University, estimated that there were 8,333 day laborers in the New York City metropolitan area. The research study found that day laborers worked predominantly for small business owners primarily in construction, painting and carpentry industries.”

“Unfortunately, small contractors without good safety records, or without devoting adequate attention to safety protocol, often hire day workers and cut corners by not providing them with safety equipment, which in turn results in worksite injury and possibly death.”

Hispanics suffer greatest injuries

Although Hispanics only account for about a quarter of the population in New York City, Awad says that they also suffer the greatest injuries of any minority in the construction industry. “Many of the injuries that occur on a typical construction site in New York, particularly those performed at great heights, involve Hispanic workers. In fact, fifteen percent of workplace fatalities involve Hispanic workers, although they comprise only 10% of the workforce. In New York City, this pattern is specifically more pronounced as they account for 27% of New York City’s population, but represent 62% of all worksites deaths in New York City.”

New York scaffolding law and OSHA

Many employers might be surprised to learn how New York’s Scaffold Law, which makes building owners and contractors strictly liable for violations of the law, relates to the Occupational Safety and Health Administration (OSHA). According to Awad, “OSHA is a federal agency which has authority only over the employer. It has no supervisory power over the owner or the general contractor of the construction site. This is why New York state labor law sections are necessary to avoid worksite injury because the law applies to owners and general contractors, not just employers.”

Therefore, an employer will be liable even if there was full compliance with OSHA regulations. Awad continued, “OSHA found that 33% of all construction fatalities are from falls from an elevation and another 22% were from being struck by an object. These are exactly the hazards which can be prevented and guarded against under New York State’s Scaffold law which requires proper use of scaffolds, hoists, harnesses and other safety equipment.”

“Violations are especially prevalent in construction worker trades like roofing and masonry were most work is at elevated heights and disproportionately involved in small construction companies that did not include safety protocols, safety meetings or regular safety inspections of the worksite as part of the construction project or contract.”

If you’ve been injured on a construction site that lacked the appropriate safety equipment, contact a lawyer who understands this law. To contact an attorney, click here.