Every five to six days, a worker is killed in an accident on a New York construction jobsite. To help combat this problem, and deter employer negligence, a new state law was recently enacted.
The Governor signed legislation last Dec., S.621B/A.4947B. Also known as Carlos’ Law, this legislation amends New York’s penal law to increase criminal corporate liability penalties for construction injuries or death.
Corporations may be found guilty of criminal corporate liability for a worker’s death or injury when it knowingly or intentionally caused its workers work-related death or serious injury, or the death or injury was caused by the corporation’s negligence or recklessness.
The maximum fine for criminal liability is raised from $10,000 to up to $500,000. Misdemeanor fines are increased to $300,000. The law will also expand the definition and protection of employees. It will cover subcontractors, day laborers and other laborers.
The law is named after a 22-year- old construction worker, Carlos Moncayo. He was a Queens resident and immigrant from Ecuador.
Mr. Moncayo died in an accident at a New York City construction site in 2015. His death is attributed to his corporate employers ignoring repeated warnings concerning the dangerous conditions in which he worked. A Senate proponent of this legislation argued that his employers escaped adequate sanctions for their criminal conduct.
Many laws are intended to protect New York City construction workers. But they still face death and injury in this dangerous occupation. Attorneys can help accident victims or their families gather information and file a timely claim for workers’ compensation.