Updated: March 9, 2026 · 5 min read
Recent Tragic Queens Construction Accident Illustrates Problem
Just days ago, a job-site accident in Queens tragically killed a young, Latino construction worker. The 26-year-old man was helping construct a cinder-block wall when the 18-foot-tall wall suddenly collapsed, killing him and seriously injuring three others. Early reports indicate that the wall failed as scaffolding collapsed and fell onto the wall. Sadly, the victim was a father, survived by his pregnant wife and two children. The Queens construction accident is still under investigation, but presumably there were some safety practices overlooked. In fact, that same construction site had previously received six violations issued by the New York City Department of Buildings since June, 2009. The violations were for failure to follow essential safety laws, such as posting necessary warning signs. A formal investigation is under way by the Buildings Department, and the Occupational Safety and Health Administration (OSHA) is likely to investigate, as they typically scrutinize the worksite of any fatal construction accident.Accidents in the New York Construction Industry
New York City had 218 construction accidents in 2009, and those are just the accidents that were reported. In the construction industry, it is common practice to keep workplace accidents unreported unless a serious injury or death occurs. The construction industry had the most fatal work injuries of any private industry sector in the U.S. in 2009, according to the Bureau of Labor Statistics, making it more dangerous than mining, factory work, or transportation. There are some risks a construction worker faces that can be reduced, but not eliminated. These threats are part of the job, such as:- Weather: rain, lightning and high winds can increase the risk of an accident.
- Heavy equipment: many of the tools and equipment present a chance of serious injury or death to both the operator and nearby workers.
- Heights: construction workers are often working at great heights and even when on the ground they risk being struck by falling equipment or debris.
- A changing landscape: what may have been solid ground yesterday could be a 50-foot hole today.
Latinos, Hispanics Often Victims of Construction-Safety Violations
Unfortunately, Latino construction-worker injuries and deaths remain common in the construction industry. The BLS reports that workplace accidents killed 668 Latinos in 2009, accounting for 15 percent of all job-related fatalities. According to the CDC, Latinos had the highest work-related fatal injury rate of any ethnic group at 4.4 per 100,000 workers during 2005–2009, compared to an overall U.S. rate of 3.7. Experts propose many different reasons for the disproportionate risk that Hispanic or Latino construction workers face. Some of their reasons include:- Communication barriers - Spanish-speaking workers may not understand all English warnings or instructions. However, employers should accept the responsibility of providing sufficient communication to their workers, even if it means having an on-site translator or bilingual foreman.
- Undocumented status: Construction companies often seek the labor of undocumented workers - sometimes referred to as illegal aliens - who came from Central or South American countries such as Mexico, El Salvador, Guatemala or Honduras. Construction companies know that these undocumented Latino workers will not report safety violations, out of fear of deportation.
- Hard-working nature: Some experts believe that construction companies take advantage of the hard-working and non-complaining traits of Latinos by putting them up to dangerous tasks without the necessary safety precautions in place.
All Injured Latino Workers Have Legal Rights to Recovery
It does not matter whether the Latino worker is a first or second-generation American, or whether the hurt worker has documented or undocumented status. The lack of a work-permit, visa or green card has no bearing on an injured worker's entitlement to damages when they suffer a work injury. And when a Latino worker dies from a workplace accident, his surviving family is entitled to legal recovery as well. If you have been seriously injured while working at your job, it is crucial to contact a skilled New York personal injury attorney. Do not hesitate; you can confidentially consult with an independent lawyer and it will not appear in your employment files. The attorney will share information to help you obtain adequate compensation for your work-related injury or loved one's death.Sources & Official Resources
Federal Agencies
- BLS Census of Fatal Occupational Injuries — Archived Data (2009)
- CDC — Fatal Work-Related Injuries, United States, 2005–2009
- OSHA — Reporting Fatalities and Severe Injuries (29 CFR 1904.39)
- OSHA — Fatality/Catastrophe Investigation Procedures
New York State & City Resources
The Following People Contributed to This Page
Written byParalegal & Office ManagerB.A.Sc., Political Science & Government, John Jay College of Criminal Justice (CUNY), 22+ years at The Orlow Firm, Bilingual: English and Spanish
