Every year, the New York Committee for Occupational Safety & Health (NYCOSH) publishes Deadly Skyline, an annual report on construction fatalities across the state. The latest construction accident numbers show a decline in fatalities. However, the report is also a reminder that preventable safety failures remain a cause of worksite falls, collapses, and equipment accidents. In this article, we’ll discuss what the 2026 Deadly Skyline report means for NY construction accidents and why continued vigilance matters.
Statewide construction fatalities fell to 55 in 2024, down 26% from 74 the year before. In New York City, deaths dropped 37%, from 30 to 19, with the fatality rate falling from 11.6 to 9.4 per 100,000 workers.
While these latest construction accident numbers show progress, construction work remains one of the most dangerous jobs in New York. The construction fatality rate is still more than three times higher than the rate for New York’s workforce overall, and in New York City, construction workers are over six times more likely to die on the job than the average city worker. Over the past decade, 587 construction workers have died statewide, 218 of them in New York City alone.
The report’s most troubling findings aren’t about the number of deaths; they’re about what’s not happening in response to them. OSHA inspections in New York State fell 7.3% in 2025 and remain nearly 30% below pre-pandemic levels. Average fines in fatality cases dropped to $25,295, the lowest since 2017. Yet NYCOSH found that 77% of worksites where a worker died in 2024 also had active OSHA violations on record. This means that many workers died from hazards known to regulators before the fatal occurrence.
The report also shows that these risks disproportionately affect some groups. Latinx workers make up 18.6% of New York’s workforce but 25.8% of construction fatalities. Similarly, non-union workers accounted for 81% of the fatalities OSHA investigated in 2024. Key drivers for this dynamic include language barriers, fear of retaliation, and weaker on-site safety programs.
Locally, the NYC Department of Buildings is operating with a 12.6% staff vacancy rate, more than double the citywide average. At the same time, its budget is shrinking even as it’s responsible for overseeing job site safety across the five boroughs.
When safety regulators are stretched thin and fines don’t keep pace with unsafe work practices endangering workers, civil accountability becomes even more important. That’s where Dreyer Boyajian LLP’s construction accident attorneys rise to the occasion.
New York provides special protection to workers under Labor Law § 240, also known as the Scaffold Law. This safety law makes property owners and general contractors strictly liable for workers injured in a fall from height or an injury caused by a falling object when proper fall protection or safety devices were not used. Labor Law § 241 also protects workers by requiring that property owners and general contractors strictly comply with New York State’s Industrial Code Regulations in all work involving construction, demolition or excavation. These safety rules require specific safety devices and equipment be available and used at worksites, including proper ladders, scaffolding, hoists, cranes, machinery, equipment, and other safety equipment.
Since falls remain a leading cause of construction injuries and deaths in New York, the Scaffold Law and Industrial Code are often the strongest tools available to secure real accountability, including compensation for workers’ injuries or a family’s pain, suffering and loss, recovery of lost wages, and payment of medical bills, well beyond what Workers’ Compensation or an OSHA fine alone would ever cover.
Carlos’ Law raised corporate penalties for negligence leading to a worker’s death to as much as $500,000 and adds a criminal accountability layer. However, NYCOSH notes that many prosecutors have been reluctant to make use of these protections and calls for broader use.
A drop in construction fatalities is good news. However, the latest construction accident numbers do not change the underlying landscape confronting workers. Enforcement and penalties are down, and those workers most exposed to risk are often the least protected. We all can agree that going to work should not be a safety hazard.
If you or a loved one is injured on a New York construction site, the attorneys at Dreyer Boyajian LLP can help you understand your rights and obtain justice from those responsible.
This blog post is for informational purposes and is not legal advice. Readers should consult with a licensed attorney regarding their specific situation.
