Construction is a dangerous industry, and it is important to know the scope of the risk that construction workers face so regulators can take appropriate action to try to make workplaces safer. Only by knowing the true number of lives lost can employers, regulators, and construction workers understand the very real risks faced by construction professionals on-the-job every day.
Unfortunately, the scope of the problem of construction worker fatalities in New York is being underestimated. This is because, according to Construction Equipment.com, a full 1/3 of the construction site fatalities in New York City were not recognized or counted over the course of 2015.
Construction workers who lost their lives deserve to be counted, and all construction workers deserve accurate data be available regarding on-the-job deaths. When a construction worker dies in NYC, his family has rights, and a New York workers’ compensation law firm can provide assistance to surviving dependents in securing important benefits.
Why are Construction Worker Deaths Being Undercounted in New York City?
Construction Equipment.com explains that a total of six construction site fatalities were not recognized by New York City in its official report on 2015 Construction Related Injuries and Fatalities. These six deaths represent 1/3 of the total workplace deaths of construction workers that happened citywide in 2105.
The deaths were not counted because of the way that the city prepares its tallies. Unfortunately, the New York City Department of Buildings only counts fatalities in its official tally if the deaths represent a threat to public safety. The building department classifies fatalities in this way because of the Department’s interpretation of a lawsuit in 2013. In the case, called Steel Institute of New York v. City of New York, the court ruled city buildings regulations have to protect not just workers, but also the public. Essentially, this means that fatalities count only if they present a danger to “people other than construction workers.”
Because of the way in which it keeps count, the New York City Department of Buildings did not include in its fatality count the death of a construction safety coordinator who was killed after being crushed by a crane. An ironworker who died due to falling off a ladder and onto concrete also was not counted, nor was a cement truck driver who got entangled on the drive shaft of the truck and who was killed.
Failing to count these workers undermines efforts to argue for safety reforms and for tougher safety regulations by underestimating the scope of the risk of fatalities among construction workers. Not counting these workers also removes pressure on the part of employers and regulatory agencies to take action, since the true safety risk is understated.
Construction workers are people too, and their deaths are every bit as important as fatalities that happen that present a danger to public safety. All fatalities related to construction work should be counted, and family members of those who were killed should also consult with Rosenberg, Minc, Falkoff & Wolff to understand their right to receive benefits.
