In December of last year, Governor Hochul signed legislation establishing “Carlos’ Law,” a law which amends the New York State Penal codes to increase penalties for criminal corporate liability for the death or serious injury of an employee by a fine of up to $500,000.
Many accidents that occur on New York job sites are wholly unavoidable and are the result of safety violations.
Under the new legislation, a corporation is “guilty of criminal corporate liability for the death or injury of a worker when it negligently, recklessly, intentionally, or knowingly causes the death or physical injury of employees while they are on the job.”
The law was named for 22-year-old Carlos Moncayo, a Queens resident killed after his employers ignored repeated warnings of dangerous conditions on their construction site. Carlos was an immigrant like so many of New York’s construction workforce. Unscrupulous construction firms often find it easy to exploit immigrants and play fast and loose with their safety.
53% of New York’s construction workforce consists of immigrant labor.
In 2022, construction company negligence led to the deaths of 22 workers.
The bill also expanded the definition and protection of employees to include subcontractors, day laborers, and anyone else who works on a job site.
The bill should not impact any worker’s ability to bring a personal injury suit against a third party who harms them on the job. It only increases a penalty that already existed.
The fine used to be just $10,000, a sum that former district attorney Cyrus R. Vance, Jr., called Monopoly money. In other words, construction site equipment costs more than the fine, and many companies found they would rather pay a $10,000 fine than adopt a safety culture on their job sites or pay for necessary safety measures.
One hopes having to pay $500,000 in addition to the potential of having to pay damages in a personal injury case will give these companies a bit more pause.
If you or a loved one has been hurt or killed in a construction accident, don’t hesitate to hold these unscrupulous companies accountable. Contact our law firm to schedule a free initial consultation.
We’ll review your case facts and will help you determine if you are eligible for additional compensation above and beyond what workers’ compensation will provide.
