Construction is consistently listed as one of the most dangerous professions in the U.S., with workers suffering serious injuries and fatalities at high rates. Despite the disproportionate dangers of their job, construction workers have long lacked sufficient legal protection. However, in December 2022, Governor Kathy Hochul signed Carlos’ Law, increasing the fines for corporate criminal negligence. According to our New York construction accident lawyers, this has been a major victory for workers whose safety is too often put at risk by their employers’ carelessness.
The Death of Carlos Moncayo
To understand Carlos’ law, it’s necessary to review the incident that gave the law its name: the tragic death of Carlos Moncayo. Moncayo was a 22-year-old immigrant from Ecuador who was killed when a trench collapsed on a New York job site in 2015.
According to the prosecution, Harco Construction (Carlos Moncayo’s employer) ignored warnings about the dangerous conditions on their construction site on Ninth Avenue in the meatpacking district, and their negligence directly contributed to his death.
Harco was ultimately found guilty of second-degree manslaughter and criminally negligent homicide. However, they were only fined $10,000, an amount that the prosecuting district attorney called “monopoly money.” It was just a drop in the bucket, a pittance compared to the deep coffers of many development and construction companies.
What Carlos’s Law Means for Your Case
At its core, Carlos’s Law increases the potential fines for companies found guilty of criminal charges to $500,000. The aim of Carlos’s Law is to make the penalty for negligence too high to ignore for these companies.
While it specifically applies to criminal prosecution, rather than personal injury cases, Carlos’ Law sets a clear warning for construction companies operating in New York. Still, even though they may face higher penalties for their negligence and recklessness, many construction companies still cut corners at the cost of safety for their workers, resulting in accidents that could have been prevented, including:
- Falls from heights
- Slip-and-falls
- Electrocution
- Exposure to Toxic Substances
- Falling objects
- Machinery malfunctions
- Failure to warn
- Vehicle Accidents
Unfortunately, criminal prosecutions against construction companies are very rare, and few construction accident deaths are ever properly investigated. In fact, it’s possible that Carlos Moncayo’s case was only prosecuted because the police officer who immediately responded to the scene had construction experience and saw that the trench was not properly reinforced.
Even without a criminal prosecution, however, many accident victims still have a strong civil case, according to our construction accident attorneys in New York. If you or a loved one has suffered a serious construction accident, you understand that the impacts can be devastating, even life changing.
With a seasoned New York construction accident attorney handling your case, you can recover the compensation you need to get your life back on track, whether it’s for medical bills, lost wages, or pain and suffering. Call 1-800-NOW-HURT to get in touch with our team at Buttafuoco & Associates.
