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Updated for 2026 | From the Law Offices of Brett J. Nomberg
New York construction accident statistics reveal one of the most dangerous industries in the state — and one protected by the strongest labor laws in the nation. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, uses current construction accident data and OSHA violation records to build evidence-based cases for injured workers. Understanding the numbers behind construction accidents — which trades carry the highest risk, which violations appear most often, and which boroughs see the most incidents — helps establish patterns of negligence that support strong legal claims.
In 2024, New York City recorded 638 total construction incidents — a 24% drop from 2023, and the lowest reported figure in 9 years per the NYC Department of Buildings. However, 7 workers were killed and 482 were injured in building construction alone. Across New York State, the Bureau of Labor Statistics reported 74 construction fatalities in 2023, a 48% spike from the prior year. Falls remain the single leading cause of construction deaths, accounting for 58% of all NYC construction worker fatalities. OSHA’s fall protection standard has been the most-cited violation in construction for 14 consecutive years nationally, and construction fatality rates in New York City reached 11.5 per 100,000 workers in 2022 — well above the national average.
Brett Nomberg Law offers free consultations with no attorney fee unless you win. If you were injured due to someone else’s negligence, the Top New York Personal Injury Attorney is ready to hear your story. Call anytime — 24 hours a day, 7 days a week.
New York construction workers injured on the job have two parallel legal paths. Workers’ compensation under New York Workers’ Compensation Law covers medical costs and partial lost wages but bars direct employer lawsuits. Third-party liability claims under Labor Law §240, §241(6), and §200 can be brought against property owners, general contractors, subcontractors, and equipment manufacturers — with no cap on damages. If a government agency owns the construction site, a Notice of Claim under General Municipal Law §50-e must be filed within 90 days of the accident. The standard statute of limitations for private third-party claims is three years under CPLR §214.
When Brett Nomberg builds a construction accident case, prior incident data on a job site, OSHA inspection records, and DOB violation history can all serve as evidence that a dangerous condition was known and foreseeable. Proving that a general contractor or property owner was on notice of a recurring hazard strengthens both negligence and Labor Law §241(6) claims. Construction accident cases in New York are won or lost on the ability to show that safety rules existed, were violated, and that the violation directly caused the injury. Prior citations from OSHA or the NYC DOB create exactly that record. See Brett’s verdicts and settlements for results built on this approach.
| Metric | Figure | Source / Year |
|---|---|---|
| Total NYC construction incidents | 638 | NYC DOB Enforcement Report, 2024 (24% drop from 2023) |
| NYC construction fatalities (building construction) | 7 | NYC DOB, 2024 |
| NYC construction injuries | 482 | NYC DOB, 2024 |
| New York State construction fatalities | 74 | BLS Census of Fatal Occupational Injuries, 2023 (48% spike from prior year) |
| Total fatal work injuries, NY State | 217 | BLS, 2024 (11.8% decrease from 246 in 2023) |
| Construction/extraction fatalities, NY 2024 | 55 | BLS CFOI, 2024 |
| Share of NYC construction deaths caused by falls | 58% | NYCOSH / NYC DOB analysis |
| Construction fatality rate, NYC (2022) | 11.5 per 100,000 workers | NYC construction industry analysis, Orlow Firm / DOB data |
| Construction fatalities with identifiable safety violations | 74% | NYCOSH analysis |
| Average OSHA fine per construction fatality, NY | $32,123 | NYCOSH, recent years (down 45.6% from prior period) |
| OSHA inspection gap vs. pre-pandemic levels | 15.33% below | NYCOSH report, 2023 |
| Consecutive years fall protection led OSHA violations | 14 years | OSHA FY2024 national data |
OSHA identifies four categories responsible for the majority of construction worker fatalities nationally — collectively called the “Fatal Four.” These categories align directly with the most common Labor Law violations seen in New York construction accident cases:
Construction accident rates vary significantly across New York City’s five boroughs, reflecting differences in the scale of active development, building density, and building age. The Bronx, Brooklyn, and Queens have all seen elevated construction injury rates in recent years as major residential and commercial development projects expand outside Manhattan. Manhattan historically concentrates the highest number of construction incidents due to the density of active high-rise projects, but all boroughs carry significant risk.
| Borough | Dominant Hazard Types | Common Liable Parties |
|---|---|---|
| Manhattan | High-rise scaffold falls, crane incidents, congested street-level struck-by | Major developers, general contractors, crane companies |
| Brooklyn | Residential renovation falls, scaffold collapses, trench incidents | Smaller property owners, subcontractors, scaffold vendors |
| Queens | Warehouse and industrial site injuries, ladder falls, electrocution | Commercial property owners, general contractors |
| Bronx | Housing project renovation falls, demolition injuries | NYCHA (Notice of Claim required), general contractors |
| Staten Island | Residential construction falls, struck-by equipment | Residential developers, subcontractors |
| Question | Answer |
|---|---|
| How many construction workers are killed in New York each year? | In 2023, 74 construction workers were killed across New York State — a 48% spike from the prior year. In 2024, NYC specifically recorded 7 building construction fatalities, down from a higher total in prior years. |
| What is the leading cause of construction deaths in New York City? | Falls account for 58% of all NYC construction worker fatalities. The most common fall scenarios involve scaffolding, ladders, unprotected floor openings, and roofs. |
| What percentage of construction fatalities involve OSHA violations? | NYCOSH analysis found 74% of New York construction fatalities involved identifiable, preventable safety violations. The citations typically came after the worker was already dead. |
| Can I use OSHA violation records in my construction accident lawsuit? | Yes. Prior OSHA citations, DOB violation history, and safety inspection records can be introduced as evidence that a dangerous condition was known and foreseeable — strengthening both negligence and Labor Law §241(6) claims. |
| Are construction fatality rates higher in New York than nationally? | Yes. NYC’s construction fatality rate reached 11.5 per 100,000 workers in 2022, well above the national construction average. New York City’s mix of high-rise density, aging infrastructure, and rapid development pace contributes to this elevated risk. |
Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.
Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, focusing on construction accident cases involving Labor Law §240, §241(6), and complex multi-party liability. He personally manages every case and is available 24 hours a day, 7 days a week. His construction accident results include $3.65 million for a construction accident and $3.2 million for a Queens construction worker. Learn more at his attorney profile page. All cases are handled on a contingency fee basis — no fee unless Brett wins.
Behind every number in these statistics is a worker and a family. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us at our online contact page. There is no fee unless we win.
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