Lack of Construction Safety Hurts Undocumented Immigrant Laborers

 A recent in-depth article in The New York Times talks about how the building boom in New York City is leading to more unsafe work sites and how this lack of construction safety is disproportionately affecting undocumented immigrant laborers. In the last two years in New York City, the number of workers injured or killed in construction accidents has surged. The increase in injuries and fatalities, primarily among undocumented immigrant workers, far exceeds the rate of new construction, the Times reports. This proves what safety inspectors and prosecutors have been saying all along – that safety measures at these job sites are simply inadequate.

Avoidable Tragedies
A review of construction fatalities citywide over the last two years by the Times has found that many of these tragedies were completely avoidable. Similar issues emerged in many of these incidents. Construction firms and contractors failed to take basic steps to prevent workers from falling. In many cases, workers did not have crucial protective equipment such as harnesses or helmets that are mandated by the law. Supervision was lacking in a number of cases. And in many of the projects, importance was placed on speed of execution, forcing workers to take dangerous shortcuts.
Just since July, seven workers have died on the job in New York City including three in a nine-day stretch before Labor Day, according to the Occupational Safety and Health Administration or OSHA. The city’s Department of Buildings reports that there were 10 construction fatalities between July 2014 and July 2015. The annual average over the previous four years was 5.5. Also, in the last fiscal year, 324 workers were injured – a 53 percent increase over the previous year. Overall there were 314 accidents, an increase of 52 percent.
Immigrants in Construction
Immigrants have been a significant part of the construction trade, from Irish in the earlier generations to Latinos and Eastern Europeans more recently. Many of the construction accident victims over the last two years have been particularly vulnerable because of their legal status. The Times obtained records and conducted interviews with workers’ friends and relatives, which all show that these undocumented immigrant laborers are poorly trained and paid in cash. It is also most concerning that they are the ones who are often afraid to speak up about unsafe conditions in the workplace.
The Times gives examples of immigrants such as one from Veracruz, Mexico, who suffered a fatal fall in a construction site in March 2014. Another immigrant from India was killed in a fall from a Midtown construction site’s scaffolding in 2014. In both cases, families of deceased workers were not able to learn any details about their loved ones’ deaths and weren’t even contacted by the construction company. Of course, many of these injured victims don’t even seek the compensation to which they are entitled because they fear retaliation from employers or worse, deportation.
Employers cannot shirk their duties and responsibilities particularly when it comes to providing a safe working environment for their employees – whether they are documented or undocumented laborers. Under state and federal law, employers must ensure that all workers are provided with proper job and safety training; that they have the necessary equipment to do their jobs safely; provide proper supervision; scout the worksite to ensure the area is free of hazards; and make sure heavy equipment such as forklifts and cranes are in good working order.
Compensation for Injured Workers
If you have been injured in a construction accident in New York City, please remember that you do have legal rights and you are entitled to compensation. No construction company, contractor or employer can deny you those rights. Injured victims can seek workers’ compensation benefits to help pay for medical expenses and a portion of lost wages. In addition, workers and families may also be able to file a third-party claim for significant money damages against a negligent party whose actions caused or contributed to the incident. Examples of third parties include general contractors, sub-contractors, building owners, manufacturers of defective products, etc.
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York that year.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: The New York Times