The New York wrongful death lawyers at Gorayeb & Associates have extensive experience supporting families through the harrowing aftermath of losing a loved one, helping them seek justice and navigate this challenging time. We work to provide:
Families of workers who lose their lives due to negligence have the legal right to pursue compensation, regardless of their immigration status.
Construction is one of the riskiest industries in New York, with more fatal accidents than any other occupation. According to the Occupational Safety and Health Administration (OSHA), 5,486 workers died nationwide in 2022 due to work-related injuries. Twenty-two of those who died were construction workers in New York.
When a construction worker dies in an accident, their family is entitled to claim compensation under New York law. This compensation can provide much-needed support, covering:
These benefits are designed to help the loved ones of workers who died in workplace accidents focus on their grieving process without the added burden of financial worries or concerns about their future stability. Furthermore, the financial burden of these benefits incentivizes construction companies to comply with security standards.
New York’s wrongful death laws are outlined in the state’s Estates, Powers, and Trusts Law (EPTL) under Sections 5-4.1 to 5-4.4. These laws are complex and require strict adherence. To specific legal procedures.
Unfortunately, insurance companies often use these complexities and their vast resources to minimize payouts or deny claims, leaving grieving families without the compensation they deserve.
If you’ve lost a loved one in a workplace accident, seeking help from experienced NYC wrongful death lawyers at Gorayeb & Associates can help you obtain the justice and compensation you deserve. With over 35 years of successful experience fighting for justice and the rights of workers and their families, we have won over $1 billion in compensation for our clients. Contact us today for a free and confidential consultation. Successful wrongful death attorneys in New York will review your case.
The fatal accident attorneys in New York at Gorayeb & Associates are dedicated to helping families of workers who lost their lives due to workplace injuries. Our goal is to secure the compensation families need to achieve justice and navigate their grief without financial stress.
Who Can File a Wrongful Death Claim?
Family members who may be eligible to seek compensation in wrongful death cases include:
At Gorayeb & Associates, we take pride in the exceptional legal expertise we bring to every case. In wrongful death claims, proving negligence is critical. Negligence refers to the failure of an individual, company, or entity to exercise reasonable care, which directly leads to harm.
In the case of a wrongful death, the negligent party can be:
Our top New York wrongful death attorneys meticulously investigate each case to establish the liability of the negligent parties. To prove negligence, it is essential to gather the following evidence to strengthen your claim:
Using this evidence, we build a strong and compelling case to demand the maximum compensation the law allows for the victim’s family. At Gorayeb & Associates, we relentlessly fight for justice for grieving families.
Nothing at all! At Gorayeb & Associates, our primary focus is helping people. We understand that after a tragedy, families are overwhelmed with grief and don’t have the time or energy to worry about the legal complexities of a case. That’s why we take care of the entire claims process, making it as straightforward and stress-free as possible for you.
If you hire Gorayeb & Associates, you don’t have to pay us anything upfront. We work on a contingency fee basis, which means you only pay us if we win your case. We only receive a percentage of the compensation awarded to you, ensuring no financial risk for your family while we fight for justice on your behalf. We only win if we win your case.
According to OSHA, most accident deaths at construction sites could have been prevented by following their construction safety standards. That is why strictly following OSHA’s standards is the best measure construction companies can take to prevent accidents and fatalities. The most common causes of fatal injuries in construction work include:
Description: Scaffold accidents occur when workers fall from scaffolds or are struck by falling objects, such as tools or materials, dropped from above. These incidents often result in serious injuries or fatalities due to the heights involved.
Prevention: Preventing scaffold accidents requires proper installation and regular maintenance of scaffolding systems. Workers should be equipped with personal protective equipment (PPE), such as harnesses, fall protection, and hard hats. Additionally, comprehensive safety training on correctly using scaffolds is essential to minimize risks and ensure a safe work environment.
Description: Ladder accidents occur when workers slip, fall, or experience structural failures, such as collapses or breaks while using ladders. These incidents can lead to severe injuries, mainly when workers operate at significant heights.
Prevention: Preventing ladder accidents involves conducting regular inspections to ensure ladders are in good condition and free from defects. Work areas should be kept clear of obstructions, and workers must be provided with appropriate protective equipment, such as non-slip footwear. Comprehensive training on safe ladder usage, including proper placement and weight capacity limits, is also essential to reduce risks.
Description: Roof accidents happen when workers fall from roofs or are struck by falling materials or debris. These accidents happen due to insufficient safety measures, unstable surfaces, or insufficient precautions at elevated heights.
Prevention: To prevent roof accidents, it’s crucial to implement anchoring systems and safety nets to protect workers. Ensuring the roof surface is stable and secure before starting work is also essential. Employers should provide workers with appropriate personal protective equipment (PPE), such as harnesses and helmets, and receive proper training on height safety, including recognizing and mitigating potential risks.
Description: Roof collapse accidents occur when roofing structures give way, causing debris or the roof itself to fall on workers. These incidents are often caused by overloading, structural deterioration, or construction defects.
Prevention: Preventing roof collapses requires regular structural evaluations to assess the roof's condition and load-bearing capacity. Heavy materials should never be stored on roofs not designed to support them. Reinforcing weak structures and training workers to identify signs of potential collapse, such as sagging or visible damage, are also critical steps to ensure safety.
Description: Building demolition accidents occur during the teardown of structures, often involving workers being struck by debris or trapped under collapsing materials.
Prevention: Preventing demolition accidents starts with meticulously planning the demolition process to identify and mitigate potential hazards. Employers must provide and supervise the use of personal protective equipment (PPE), such as helmets and safety goggles, and maintain a safe distance from the active demolition zone. Additionally, providing specialized training on demolition techniques and safety risks ensures that workers are better prepared to handle the challenges of this high-risk task.
Description: Accidents involving falling materials, tools, or debris occur when unsecured items drop from heights, posing a serious risk to workers below. These incidents can lead to catastrophic injuries or fatalities.
Prevention: To prevent accidents caused by falling objects, it’s essential to implement safe storage and transportation methods for materials. All loads should be securely fastened, and tools must be tethered when working at heights. Additionally, work areas should be monitored to ensure proper safety protocols are followed, and workers should wear protective gear, such as hard hats, to reduce the risk of injury.
Description: Falls are one of the most common accidents on construction sites and involve workers falling from heights such as scaffolds, roofs, or other elevated structures. These incidents often result in serious injuries or fatalities.
Prevention: Preventing falls requires implementing fall protection systems, including guardrails, safety nets, and personal fall arrest systems. Consistent use of personal protective equipment (PPE), such as harnesses and non-slip footwear, should be enforced. Additionally, providing workers with training on height safety and proper equipment use is essential to reducing fall-related risks.
Description: Power saw accidents occur when improper use of these tools leads to injuries. A lack of training, faulty equipment, or unsafe operating practices often causes these incidents.
Prevention: Preventing power saw accidents begins with proper training on the safe operation of these tools. Regular inspection and maintenance of power saws are essential to ensure they are in good working condition. Workers should also wear appropriate personal protective equipment (PPE), such as gloves, safety goggles, and protective clothing, to minimize the risk of injury.
Description: Machinery accidents occur when construction equipment is improperly used or malfunctions, leading to severe injuries. These incidents can involve heavy machinery such as excavators, cranes, or forklifts, often resulting from operator error or equipment failure.
Prevention: Preventing machinery accidents requires regular maintenance and inspection of all equipment to ensure it operates safely. Workers must receive proper training on the safe use of machinery, including understanding its limits and potential hazards. Consistent supervision on job sites is also critical to enforce safety protocols and prevent misuse of equipment.
Description: Window cleaning accidents often involve falls or injuries while working at heights. These incidents can result from inadequate safety measures, unstable equipment, or lack of proper training.
Prevention: Preventing window cleaning accidents requires using secure harness systems and stable platforms designed for working at elevated heights. Workers should also receive specialized training in height safety and proper window cleaning techniques to reduce risks and ensure their protection.
Description: Construction elevator accidents involve falls or entrapment in or around temporary elevators used on job sites. These incidents often occur due to equipment malfunctions, improper use, or lack of safety measures.
Prevention: Regular inspections and maintenance of the equipment are crucial to preventing construction elevator accidents. Workers should receive thorough training on the safe operation of construction elevators, including emergency procedures. Proper safety protocols must also be enforced to ensure that the equipment is used correctly and securely.
Description: Crane accidents typically involve the collapse of cranes or the dropping of heavy loads, which can result in severe injuries or fatalities on construction sites. These incidents often occur due to overloading, equipment failure, or operator error.
Prevention: Preventing crane accidents requires strict adherence to weight and balance specifications to avoid overloading. Operators must undergo specialized training to handle cranes safely. Additionally, regular maintenance and inspections are essential to ensure the equipment functions correctly and meets safety standards.
Description: Excavation accidents occur when trenches or excavation sites collapse or experience landslides, trapping workers beneath the soil or debris.
Prevention: Preventing excavation accidents involves properly shoring and securing the sides of trenches to prevent collapses. Regular inspections of the excavation site are critical to identify and address potential hazards. Workers should also receive training on excavation safety, including recognizing warning signs of instability and understanding proper safety protocols.
Description: Truck accidents on construction sites include collisions and other incidents involving construction vehicles. These accidents can occur due to operator error, vehicle malfunction, or unsafe site conditions, often resulting in serious injuries or fatalities.
Prevention: To prevent construction truck accidents, workers must receive thorough training in traffic safety and proper vehicle operation. Regular maintenance and inspection of construction vehicles are essential to ensure they are in safe working condition. Additionally, implementing safety measures such as seatbelt use and clearly defined traffic routes on-site can help minimize risks.
According to the latest OSHA report on workplace fatalities, the construction industry remains one of the most dangerous sectors in the United States. These statistics highlight common causes and patterns of unsafe working conditions.
Key Findings from OSHA’s 2022 Report
Tragedies on construction sites are often preventable. Many accidents occur due to unsafe conditions that could have been addressed with proper oversight. For this reason, construction laws in New York are strict and designed to protect workers at all times.
Worker Protections Under New York Law
Key protections are outlined in Sections 240 and 241 of New York’s Labor Law, which ensure that all workers, regardless of immigration status, have the right to:
If these rights are not upheld, workers can report unsafe conditions to OSHA. They can also file complaints against their employers for failing to maintain safe job sites.
For those concerned about retaliation, OSHA’s federal whistleblower protection program allows workers to report unsafe conditions anonymously. This program ensures that personal information is kept confidential, safeguarding workers while promoting safer work environments.
By speaking up, workers play a critical role in preventing future accidents and holding employers accountable for maintaining a safe workplace.
When pursuing compensation for a workplace accident, it’s essential to have experienced wrongful death lawyers in New York by your side. But experience alone isn’t enough, you need a law firm you can lean on, one that provides peace of mind and makes you feel supported every step of the way.
Trust is built when you know your New York wrongful death claims lawyers have a successful track record of cases like yours, and they understand your culture and speak your language.
At Gorayeb & Associates, we have been serving the construction workers’ community in New York for over 35 years. Our bilingual wrongful death legal services in NYC ensure that every client feels heard and understood. Beyond legal representation, we give back to the community through the Gorayeb Community Center, founded in Queens in 2015. This center offers valuable resources and support to Hispanic workers and their families. Because of our dedication to justice, we are proud to be known as The People’s Lawyers.
If you’ve lost a loved one in a workplace accident, our New York wrongful death lawyers are here to help you seek justice and secure compensation. Let us take care of this wrongful death case and support you through this difficult time so that you can focus on grieving and your family’s needs. Remember, Gorayeb & Associates will not charge you out of pocket; we only earn a percent of the money we win for you. Contact us today for a free and confidential consultation.
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