Workplace Fatalities on the Rise in New York Despite Safety Regulations
Occupational deaths are on the rise in New York City. Learn more about this trend, and the many protections afforded to construction workers under New York law.

December 17, 2011 /24-7PressRelease/ -- Numbers from the Bureau of Labor Statistics are finally in, and they reveal a problematic trend for workers in New York City: despite a general pattern of decline for almost two decades, there was an uptick in occupational fatalities recorded in the city in 2010.

New York has long been a leader in promoting worker safety. Well before the federal government created OSHA, New York had enacted its Safe Place to Work laws. Yet, the recently-released numbers on worker fatalities in New York City evince the need for a renewed focus on employers' legal responsibilities to prevent and respond to accidents.

Falls, Homicide Deadly Threats to New York City Workers In 2010

In 2009, 63 workers died on the job in New York City. The number of fatal workplace incidents jumped to 68 in 2010.

Workplace violence was the most common single cause of on-the-job deaths in New York in 2010. Altogether, 15 workers lost their lives to homicide.

Workplace falls to another story , a threat commonly addressed by New York construction site safety attorneys, accounted for another 13 deaths. Almost half of these fatal falls (six) happened in the construction industry. Deaths from falling more than doubled compared to 2009, when only five workers lost their lives to falls.

Explaining Worker Deaths

The reasons behind workplace safety trends are complex, and difficult to pinpoint with accuracy. But, one Bureau of Labor Statistics expert cited the Great Recession as a possible factor in New York's increasing fatality count.

"[T]here is more stress related to the economy," BLS economist Bruce Bergman told the New York Post. He noted that higher numbers of assaults and violent acts are commonly seen in periods of economic decline as more workers face bad news about cutbacks and other financial setbacks.

Some worker safety groups also blame the economy for declining safety standards at many worksites. The New York Committee for Occupational Safety and Health is concerned that staffing cuts are beginning to impact safety: workers are being asked to do more with less. Furthermore, despite OSHA standards that protect workers from retaliation and discrimination for reporting unsafe conditions, employees at construction sites are often fearful of losing their jobs in a tough economy should they contact the proper authorities about workplace safety threats.

Employers Have Legal Responsibility to Address Workplace Dangers

Employers nationwide have certain core safety responsibilities under the Occupational Safety and Health Act of 1970. Generally, the OSHA Act requires employers to provide a workplace free from serious, recognized hazards.

To accomplish general OSHA objectives, employers are obliged to follow more certain operational guidelines. For example, workplace conditions must be periodically examined, employers must ensure their workers have and use properly maintained safety equipment, and proper warnings of potential hazards must be prominently displayed. Accident reporting protocols must also be strictly adhered to: employers are required to report accidents that result in a death or the hospitalization of three or more employees to OSHA within eight hours, and, as mentioned, are prohibited from discriminating against employees who exercise their OSHA rights.

A series of complex OSHA rules and regulations lay out in detail specific protections geared toward workers in various fields, including construction. But, New York has its own set of workplace safety laws that fortify federal standards, especially for construction workers.

New York law lays out certain safety precautions that employers must put into action under particular circumstances (requirements that scaffolding have a suitable and properly installed safety rail, that floors are planked over below where work is being performed, etc.); it also promotes a general duty to protect the health and safety of employees. Compared to the legal scheme in place in other states, New York law is more generous in terms of allowing injured workers to collect the full amount of compensation they deserve.

More Than Workers' Comp Available

Oftentimes, employers are told that workers' compensation is the sole remedy available to them when they suffer an on-the-job injury. However, this is not always the case, particularly in New York.

Workers' comp is an important benefit, but under New York Safe Place to Work laws, workers are entitled to sue for additional monetary damages when someone at the worksite did not follow safety rules or failed to provide required protective equipment. Project owners and contractors are responsible for any safety slip ups at their sites, even if they claim not to have been aware of any legal violations.

When someone other than your employer or a co-employee negligently contributed to your injuries, you can also pursue a third-party personal injury lawsuit. These lawsuits can help you fill in gaps in your budget not covered by workers' comp by providing additional compensation for lost wages and fringe benefits, pain and suffering, disability, loss of quality and enjoyment of life, and loss of services and companionship for your spouse.

Get Legal Help

It is important to remember than any legal claim you pursue outside of the workers' compensation system will not affect your right to workers' comp benefits. On the contrary, such legal actions can help supplement your income to get you through your time of need following an on-the-job injury.

If you have been injured at a worksite, get the full amount of compensation you need. Contact a New York construction accident lawyer today to explore your legal options.

Press Release Contact Information:

FL Web Advantage