April 3, 2024
What is the New York Construction Death Registry?
By Jonathan Damashek
Posted in
Construction work is hard work. It’s necessary for progress, but it can be deadly. According to the US Bureau of Labor Statistics, it’s one of the most dangerous fields. In New York City, there were 22 fatal accidents in 2021, up from 13 in 2020. The New York Department of Labor launched a registry to report and track fatalities on construction sites.
Learn more about how to use the registry and why it can help you in a construction accident lawsuit.
The New York Construction Death Registry
The Construction Industry Fatality Registry was created in 2021 by New York’s legislature. It’s a public registry of workplace fatalities in the construction industry. County coroners, medical examiners, and other authorized officials are meant to report construction-related deaths.
The registry shows when the death happened, where in the state it occurred, the cause of death, and the union status of the decedent. According to language in the bill that created the registry, this is a tool that can help track accidents in order to prevent them in the future.
The intent is to find trends and patterns to mitigate fatal construction injuries. Many deaths on a construction site can be prevented with proper precautions.
What Kind of Fatal Accidents Happen in Construction?
Construction can be dangerous but rewarding work. Contractors and other employers are responsible for their employees’ safety. There are standards they must follow. Accidents can happen, but deaths are more likely when these standards are ignored.
Several accidents can happen on a worksite, but the most common are referred to as the “Fatal Four.” These happen the most frequently, making up almost 60% of all construction site fatalities.
Falls, being struck by an object, electrocution, and being caught in between objects are the most reported accidents in construction. They can be caused by loose scaffolding, chaotic worksites, or dangerous practices by the contractor.
The construction industry fatality registry is a tool for workers to evaluate a contractor’s safety record.
What Happens After A Fatal Construction Accident?
Employers must report accidents to the Occupational Safety and Health Administration. There will be an investigation into the incident and steps taken to prevent another accident. The proper authorities will need to report any deaths to the DOL for inclusion in the fatality registry.
The DOL can then request more information from the contractor, who has 90 days to respond or face fines.
Can I File a Construction Death Lawsuit?
Using the construction fatality registry to identify dangerous or negligent contractors can help you avoid potential accidents. Still, you can also use the registry to help you in a construction death lawsuit.
Under New York law, it is possible to receive compensation for a fatal construction accident. A decedent’s family members can receive payments through survivor’s benefits, equal to two-thirds of their loved one’s average weekly wage. It’s also possible to receive funeral or memorial expenses for a work-related death through worker’s compensation.
These benefits can be helpful, but it’s also possible to hold negligent parties responsible for a loved one’s death with a third-party liability lawsuit. You can seek compensation with a wrongful death lawsuit as well to cover the decedent’s medical expenses, pain and suffering, lost wages, future income, and more.
How to File a Construction Death Lawsuit
When a loved one dies on the job because of someone’s negligent behavior, it’s possible to pursue compensation for your loss. Like other personal injury lawsuits, you can seek compensation from third-parties like site owners, general contractors, site managers, subcontractors, or anyone else whose negligent behavior contributed to your loved one’s death.
The decedent’s personal representative can file a wrongful death suit. You should find a fatal construction accident lawyer to help you prepare your lawsuit. They can investigate the accident, gather evidence to support your claim, then file with the court. Once the defendants respond, your attorney can handle negotiations and help you towards a settlement.
Why You Need a Construction Death Lawyer
Construction accidents can be sudden and unexpected. When dealing with a loss, you should not have to worry about getting the compensation you deserve on your own. Don’t accept a settlement that barely covers your losses and lets the at-fault party off the hook.
Although a wrongful death suit cannot bring your loved one back, it can serve other purposes. You’re going to have expenses to pay, and you must think of your family’s future. Losing a loved one can cause financial instability: a lawsuit can provide a foundation for you to continue living and encourage safety other families don’t have to live through your pain.
An attorney can help you negotiate a settlement and they’ll be able to navigate the complexities surrounding New York City’s construction safety laws.
Call a New York Personal Injury Lawyer Today
Construction is a dangerous industry, and workers face dangers every day. The lawyers at Hecht, Kleeger & Damashek, P.C., understand the work they do, and we know that it’s a dangerous occupation. We can help you and your family with any legal needs after a loved one’s construction-related death. We have helped countless clients recover millions over the years. Let us help you with any wrongful death claims you need to file.
Your loved one’s tragic death does not have to leave you uncertain about your future. We know a fatal construction accident lawsuit can seem pointless, but rest assured it matters to us that you recover after someone’s negligence causes a death.
Call (212) 490-5700 or use our contact form to schedule a free consultation.