The construction industry in New York is faced with a serious labor shortage right now. Employers, in seeking to hire workers needed to complete contracts, may be forced to hire people with inadequate training or experience. This can lead to more on-the-job injuries, which can result in more lawsuits.
In construction, more than in any other field, workers who are not experienced or who have not received proper training are more likely to be involved in workplace accidents that lead to injuries, either of themselves or their co-workers.
The frequency of construction accidents in NYC has been alarming, with incidents occurring nearly daily across the city’s numerous construction sites. In 2023, the number of construction accidents in New York City has shown a concerning upward trend, reflecting both the challenges of ongoing urban development and the inherent risks in the construction industry. According to a NYC Dept. of Buildings report, there were 841 building construction-related incidents, 692 injuries, and seven deaths in the city in 2023—a 25% increase from the previous year. The most common causes of death and injury included falls from heights, equipment malfunctions, and unsafe work environments.
Despite efforts to enforce safety standards, the combination of high demand for construction projects and a sometimes-under-regulated workforce has led to persistent safety issues. As a result, construction workers and advocates are pushing for more rigorous enforcement of safety regulations and better training programs to mitigate these risks. The city’s response in terms of policy changes and enforcement will be critical in addressing this ongoing issue.
In New York, workers injured on the job are entitled to benefits through workers’ compensation. Even if the injury was caused by the worker’s lack of ability, if it wasn’t due to their own negligence or failure to follow set rules, they will still be entitled to workers’ compensation benefits. Therefore, employers may find themselves having to deal with a barrage of claims.
In addition to workers’ compensation claims, injured construction workers in New York can bring legal action against third parties who may be liable for their accident. This can be especially problematic when dealing with cases brought under New York Labor Law Section 240, known as the Scaffold Law. Under this statute, owners and general contractors can be held liable when workers who are injured engage in covered activities involving elevation-related risks. This is true even if it was the worker’s own actions that caused the accident, if it is determined that they were not provided with proper safety equipment.
For example, an experienced construction worker would be more likely to recognize when a scaffold was not assembled properly and would ensure that any problems were corrected before using it. However, a worker without proper training or with limited experience may not realize that the safety device provided was not adequate and may become injured as a result of using it.
In addition to the Scaffold Law, New York’s Labor Law has other provisions that can shift liability to other parties when a construction worker is injured on the job. So, if an owner of a general contractor directs and supervises the work of a subcontractor’s employee who is not familiar with the job, they could be held liable if that employee is injured while performing activities that a more experienced worker would have known to be unsafe.
Legal actions by injured employees can have a negative impact on any business. Multiple workers’ compensation claims can cause premiums to rise. Claims by an employee against an owner or general contractor may trigger the indemnification clause in a contract. If it happens enough times, it can also negatively affect an employer’s reputation in the industry.
Because of this, employers should take into consideration the increased risk inherent in having insufficiently trained or under experienced workers on their job sites. Tasks that would be commonplace and easy to perform for trained, experienced workers could lead to injuries to workers who lack this training and experience. And these injuries could lead to costly legal action that can impact not only the employer but the parties that hired them for the job. So, even in these times when construction companies are faced with labor shortages that may make it impossible or difficult to take on jobs, it is important to be sure that the people hired are prepared for and capable of performing the job and are knowledgeable enough to recognize workplace dangers.
Andrew Koenig is an Associate Attorney with The Platta Law Firm, PLLC. He has spent many years litigating construction accident cases, for both defense and plaintiff, most of which deal with Labor Law 240. He is admitted in New York’s State, Southern and Eastern District Courts.