Wrongful Death in
NY Construction Accidents
When a construction worker is killed on the job in New York, their family has powerful legal options. Labor Law 240 strict liability, the wrongful death statute (EPTL 5-4.1), and Carlos' Law work together to hold negligent companies accountable and secure compensation for surviving families.
New York Wrongful Death Law (EPTL 5-4.1)
New York's wrongful death statute is found in Estates, Powers and Trusts Law (EPTL) Section 5-4.1. It provides that when a person's death is caused by "the wrongful act, neglect or default" of another, the personal representative of the deceased's estate can bring a lawsuit for the benefit of the "distributees" — the people who would inherit under New York's intestacy laws.
In construction cases, "wrongful act" includes violations of Labor Law 240 (strict liability for gravity-related hazards), Labor Law 241(6) (Industrial Code violations), and common law negligence. Because Labor Law 240 imposes strict liability, many construction wrongful death cases are particularly strong — the family doesn't need to prove the owner or contractor was negligent, just that adequate safety equipment wasn't provided.
"The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death."
There are several things about New York wrongful death law that families should know. First, only the personal representative of the estate can file — not individual family members directly. Second, the recovery is based on "pecuniary" (financial) losses, not grief or emotional suffering. Third, there's a separate claim called a "survival action" that can recover for the worker's own pain and suffering before death. And fourth, the statute of limitations is just 2 years from the date of death — shorter than the standard 3-year personal injury deadline.
Construction deaths carry an additional layer of accountability since 2023, when New York passed Carlos' Law. This legislation increased the maximum criminal fine for corporations found responsible for worker deaths from $10,000 to $500,000 — making criminal prosecution a meaningful deterrent rather than a slap on the wrist.
Who Can File a Wrongful Death Claim
Only the personal representative of the estate can file. This is either the executor named in the will or an administrator appointed by the Surrogate's Court.
If there's no will, the court typically appoints the surviving spouse. If no spouse, then adult children, parents, or siblings — in that order of priority.
The personal representative files on behalf of the distributees, not for themselves personally (unless they are also a distributee).
The recovery goes to "distributees" — those who would inherit under New York intestacy law:
- Surviving spouse — always a distributee
- Children — including adopted children and non-marital children if paternity was established
- Parents — if no spouse or children
- Siblings — if no spouse, children, or parents
Damages Recoverable in a Construction Wrongful Death Case
New York wrongful death damages are limited to "pecuniary" losses — the financial impact of the death on the surviving family. Grief and emotional suffering are not compensable in the wrongful death action itself, but a separate survival action can recover for the worker's pre-death pain and suffering.
Pecuniary Loss (Primary)
Lost Future Earnings
The income the deceased would have earned over their remaining work life, adjusted for raises, promotions, inflation, and reduced to present value. For a 35-year-old construction worker earning $85,000/year, this component alone can exceed $2 million.
Lost Benefits
Health insurance, retirement contributions, pension benefits, union benefits, and other employment benefits the family would have received.
Lost Parental Guidance
For minor children, the value of the deceased parent's guidance, nurturing, training, education, and moral development. Courts increasingly recognize this as a substantial component of damages.
Lost Household Services
The economic value of services the deceased provided — home repairs, childcare, cooking, cleaning, yard work, and other domestic contributions.
Medical & Funeral Expenses
Medical Bills Before Death
All medical expenses incurred from the accident until the date of death, including emergency care, surgery, hospitalization, and rehabilitation.
Funeral and Burial Costs
Reasonable funeral and burial expenses. In the NYC metro area, these commonly range from $10,000 to $25,000 or more.
Conscious Pain and Suffering (Separate Claim)
Pre-Death Pain and Suffering
If the worker survived for any period after the accident — even minutes — the estate can recover for conscious pain and suffering through a separate survival action. This can be a very significant component of damages, particularly in cases involving burns, crush injuries, or prolonged suffering before death.
No Damages Cap in New York
Unlike many states, New York does not cap wrongful death damages. Jury verdicts and settlements in construction fatality cases regularly range from $2 million to $15 million or more. Cases involving Labor Law 240 strict liability tend toward the higher end because liability is essentially proven — the trial focuses solely on the value of damages.
Critical Deadlines
90 Days
Notice of Claim
Required if a government entity (city, MTA, Port Authority) is involved. Miss this and you may lose the right to sue entirely.
2 Years
Wrongful Death
From the date of death (not the accident date). This is shorter than the standard 3-year personal injury deadline.
8 Hours
OSHA Report
Employers must report fatalities to OSHA within 8 hours. OSHA then conducts an investigation that produces valuable evidence for the civil case.
How Labor Law 240 and 241 Apply to Fatal Accidents
Labor Law 240 and 241(6) are powerful tools in wrongful death cases because they apply to the estate's claims the same way they apply when a worker survives. The strict liability standard under 240 is particularly significant in death cases — it effectively eliminates the liability question, leaving only the value of damages to be determined.
If the fatal accident involved a gravity-related hazard (fall from height, falling object) and adequate safety equipment wasn't provided, the property owner and general contractor are strictly liable. No need to prove negligence.
Comparative fault does NOT apply — even if the worker made mistakes, the defendants remain fully liable. The only defense is "sole proximate cause," which rarely succeeds.
Most fatal fall cases result in summary judgment on liability under 240.
If a specific Industrial Code violation (12 NYCRR Part 23) contributed to the death, the estate can pursue a 241(6) claim. This is often filed alongside 240 claims and covers a wider range of hazards.
Comparative fault applies to 241(6) but not 240. Filing both ensures maximum coverage — if the 240 claim doesn't apply (non-gravity hazard), 241(6) may still succeed.
Useful for trench collapse deaths, equipment failure fatalities, and chemical exposure deaths.
Carlos' Law: Criminal Accountability for Worker Deaths
Passed in 2023, Carlos' Law dramatically changed the criminal penalty landscape for construction worker deaths in New York. Here's what it means:
What It Changed
Carlos' Law (amending NYS Penal Law 20.20) dramatically increased the maximum fines on corporations found criminally responsible for construction worker deaths. Previously, corporate fines for manslaughter or criminally negligent homicide were capped at $10,000 — an amount so small that some companies treated it as a cost of doing business.
New Maximum Fines
Corporations can now face fines up to $500,000 when held criminally responsible for a worker's death. This tenfold increase creates a real financial deterrent against cutting safety corners.
Named After
The law is named after Carlos Moncayo, a 22-year-old construction worker killed in a 2015 trench collapse in Manhattan. His employer, Harco Construction, had received multiple prior warnings about unsafe trench conditions. The foreman was convicted of manslaughter, but the corporation faced only minimal fines under the old law.
Passed
Signed into law in 2023 after years of advocacy by construction worker families, unions, and safety organizations including the New York Committee for Occupational Safety and Health (NYCOSH).
Practical Impact
Carlos' Law supplements civil remedies (wrongful death lawsuits) with meaningful criminal penalties. When combined with Labor Law 240/241(6) civil claims, it creates pressure from both the criminal and civil sides. The law also sends a message to the industry that worker deaths will have serious consequences.
Criminal Prosecutions Already Happening
Criminal prosecution of construction company owners for worker deaths is no longer theoretical:
- Jose Lema (ALJ Home Improvement) — pled guilty to federal criminal charges in 2024 after two workers died at company sites
- Jiaxi "Jimmy" Liu (WSC Group LLC) — convicted of criminally negligent homicide in 2023 after a worker died in a Brooklyn trench collapse, facing 8-16 years
The "Fatal Four" — Leading Causes of Construction Deaths
OSHA identifies four hazards responsible for 60.4% of all construction worker deaths. Eliminating these would save more than 600 lives annually.
Source: OSHA FY2024 data
421 deaths in 2023
Falls remain the number one killer in construction. Scaffold collapses, ladder falls, roof falls, falls from elevated platforms, and falls through floor openings. Protected by Labor Law 240 (strict liability) and 241(6) (Industrial Code violations).
Workers killed by falling tools, construction materials, steel beams, concrete, or other objects. Also includes struck-by incidents involving vehicles and heavy equipment on construction sites. Often involves both Labor Law 240 (falling object) and 241(6) claims.
Contact with overhead power lines, exposed wiring, improperly grounded equipment, and damaged electrical systems. Electrocution deaths are often instantaneous, but can also result in severe burns and prolonged suffering before death.
Workers caught in or compressed by equipment, objects, or collapsing structures. Includes trench cave-ins, unguarded machinery, and being caught between vehicles and fixed objects. Trench collapses are among the most preventable and most fatal construction hazards.
60.4%
of construction deaths caused by Fatal Four
74%
of fatal job sites had prior OSHA violations
$32,123
avg. OSHA penalty per fatal inspection (2023)
Real Cases: NY Construction Worker Deaths
Behind every statistic is a person. These cases from OSHA Region 2 records and news reports show what happens when construction safety is neglected — and the consequences that follow.
WSC Group LLC — Worker Killed in Trench Collapse
39th Street, Sunset Park, Brooklyn | 2018
Luis Almonte Sanchez died when a 9-foot-deep excavation collapsed while he was measuring for formwork in an underground parking garage project. WSC Group owner Jiaxi 'Jimmy' Liu was convicted of criminally negligent homicide in 2023, facing 8-16 years in prison. OSHA issued a willful violation. Liu was banned from the construction industry permanently, and WSC Group was ordered to cease all construction operations.
Legal Outcome:
Criminal conviction + permanent industry ban + company dissolution
Triumph Construction Corp. — Two Workers Killed at JFK
JFK Airport, Queens | 2023
Francisco Reyes (41) and Fernando Lagunas Pereira (28) were killed when they were trapped under a collapsed concrete slab during utility line work at JFK Airport. This case highlights the particular dangers of infrastructure work and the potential for multiple fatalities in a single incident.
Legal Outcome:
OSHA citations issued
Nunez Consulting / Colgate Scaffolding — Fatal Scaffold Fall
625 Fulton Street, Downtown Brooklyn | 2022
Raul Tenelema Puli (27) fell 20 feet while installing scaffolding at a 35-story high-rise and was crushed by a 30-foot I-beam. The subcontractor (Nunez Consulting) received willful OSHA citations for failing to provide scaffold fall protection. Colgate Scaffolding and Galaxy Developers received NYC DOB Class-1 violations ($25,000 each) for 'immediately hazardous conditions.'
Legal Outcome:
Willful OSHA citations + NYC DOB Class-1 violations
ALJ Home Improvement — Repeat Fatal Falls
Various sites, Rockland/Orange/Westchester Counties | 2019, 2022
ALJ Home Improvement, a roofing company based in Spring Valley, NY, was involved in two separate worker fatalities (2019 and 2022). After the second death, OSHA found workers on steep-slope roofs without fall protection at yet another site. Company founder Jose Lema pled guilty to federal criminal charges in 2024. The company faced $687,536 in penalties and 10 OSHA inspections since 2019.
Legal Outcome:
Federal criminal guilty plea by company founder
The Wrongful Death Claims Process
A construction wrongful death case follows a specific path. Understanding the timeline helps families know what to expect.
Immediate Aftermath
Days 1-7Preserve all evidence from the accident scene. Notify OSHA (required within 8 hours for fatalities). Document the scene, obtain witness information, and secure the deceased worker's employment records and personal belongings. Contact a construction accident attorney immediately.
Appoint Personal Representative
Weeks 2-8The Surrogate's Court must appoint a personal representative (administrator or executor) of the estate. Only the personal representative can file a wrongful death lawsuit. If there is no will, the court typically appoints the surviving spouse, or if none, the next of kin.
Investigation and Case Building
Months 1-6Your attorney investigates the accident, identifies all responsible parties (owner, GC, subcontractors, equipment manufacturers), retains experts (safety engineers, economists, vocational experts), and gathers OSHA reports, NYC DOB records, and contractor violation histories.
File Lawsuit (Within 2-Year Deadline)
Within 2 years of deathThe wrongful death action must be filed within 2 years of the date of death. If a government entity is involved (MTA, Port Authority, city agencies), a Notice of Claim must be filed within 90 days. Missing these deadlines can bar the claim entirely.
Discovery, Depositions, and Trial
Years 1-4The litigation process includes document exchange, depositions of witnesses and experts, motions for summary judgment (especially on Labor Law 240 liability), and either settlement negotiations or trial. Fatal construction accident cases involving Labor Law 240 often result in substantial settlements because liability is so strong.
Frequently Asked Questions
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Lost a Loved One in a Construction Accident?
If your family member was killed in a construction accident in New York, you have legal options. Labor Law 240 strict liability creates one of the strongest wrongful death claims in America. The consultation is free and confidential. You pay nothing unless we recover compensation for your family.