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What is Carlos’ Law and How Does it Protect New York Workers?

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What is Carlos’ Law: An Overview

Carlos’ Law is a New York State law enacted to protect construction workers by significantly increasing penalties for employers who fail to maintain safe working conditions, resulting in serious injury or death. In simple terms, the law holds construction companies and contractors more accountable than ever before, imposing hefty fines and potential criminal charges when their negligence leads to accidents.

This landmark law was named after Carlos Moncayo, a 22-year-old construction worker who tragically died in 2015 due to unsafe conditions at his worksite. His preventable death highlighted serious flaws in how construction site safety was regulated, prompting lawmakers to take decisive action.

Under Carlos’ Law, employers and contractors now face severe financial penalties—up to $500,000 for cases involving worker deaths and $300,000 for severe injuries. The law clearly communicates that ignoring safety standards and putting profits above workers’ lives will not be tolerated in New York.

In essence, Carlos’ Law represents a critical step forward in protecting the rights and safety of construction workers across New York City and the entire state. By setting stricter penalties and raising accountability, it aims to drastically reduce workplace injuries and fatalities, ensuring workers return home safely each day.

Why Was Carlos’ Law Enacted? The Tragic Background

Carlos’ Law came into existence as a direct response to a heartbreaking tragedy that exposed critical safety failures in New York’s construction industry. On April 6, 2015, Carlos Moncayo, a young Ecuadorian immigrant working on a construction site in Manhattan’s Meatpacking District, lost his life due to his employer’s negligence. While working in an unsecured excavation site, Carlos was buried alive when the trench collapsed—an entirely preventable accident had proper safety measures been enforced.

Investigations revealed alarming oversights by Carlos’ employers, who ignored repeated warnings about dangerous working conditions. Although supervisors and contractors were aware of the unsafe trench, they failed to act, placing profits ahead of workers’ lives. Carlos’ death ignited widespread outrage, shining a spotlight on how lax enforcement and inadequate penalties allowed negligent construction practices to persist unchecked.

In response to growing demands from the community, labor advocates, and grieving families, New York lawmakers introduced and passed Carlos’ Law. Its enactment sent a strong, unequivocal message: construction companies and contractors who disregard worker safety would face far greater accountability, facing substantial fines and even criminal charges.

Carlos’ Law is more than legislation—it’s a testament to the fight for dignity and protection of New York workers. It ensures that Carlos Moncayo’s legacy endures, prompting meaningful change designed to protect other construction workers and prevent future tragedies from ever happening again.

Key Provisions of Carlos’ Law

Carlos’ Law introduces several critical changes to New York’s construction safety regulations, specifically designed to enhance accountability for workplace safety violations. Here’s a breakdown of the law’s key provisions:

Significantly Increased Penalties:
 Employers or contractors who fail to adhere to safety standards now face dramatically higher financial consequences. Under Carlos’ Law, penalties can reach up to $500,000 for accidents resulting in a worker’s death and up to $300,000 for serious injuries. This substantial increase in fines serves as a powerful deterrent, compelling construction companies to prioritize safety.

Criminal Liability for Negligence:
 Carlos’ Law also establishes clearer avenues for criminal charges against employers and supervisors whose negligence leads to fatal or severe workplace accidents. Supervisors or companies that willfully ignore safety warnings or fail to take corrective actions may face criminal prosecution, underscoring the seriousness of workplace safety violations.

Enhanced Enforcement and Inspections:
 The law mandates stricter oversight and more frequent safety inspections on construction sites across New York. This ensures quicker identification and resolution of potential hazards, actively reducing the risk of accidents before they occur.

Clearer Employer Accountability:
 Carlos’ Law explicitly holds not just direct employers accountable, but also general contractors and supervisors who have oversight and authority at a construction site. This broader scope of accountability helps ensure everyone involved takes responsibility for creating and maintaining safe working conditions.

These critical provisions of Carlos’ Law collectively reinforce New York’s commitment to protecting construction workers, compelling employers to prioritize safety above profits. Workers and their families can now be more confident that companies neglecting their safety will face swift and substantial consequences.

Types of Accidents and Injuries Covered Under Carlos’ Law

Carlos’ Law applies to a wide variety of construction site accidents and injuries in New York, focusing specifically on incidents caused by employers or contractors failing to adhere to required safety standards. Some common scenarios that fall under the law include:

Falls from Heights

Falls remain among the leading causes of severe injury and death on New York construction sites. Carlos’ Law covers situations where proper scaffolding, harnesses, guardrails, or fall protection measures were inadequate or absent, resulting in accidents that could have been prevented.

Trench and Excavation Accidents

Reflecting the tragic event that inspired the law, trench collapses and excavation-related incidents are explicitly covered. Employers are held accountable for failing to shore up trenches properly or ignoring warnings about unstable ground conditions.

Scaffolding and Ladder Accidents

Carlos’ Law applies when scaffolding or ladders are improperly maintained, incorrectly installed, or used without essential safety equipment. Employers who overlook inspections, repairs, or fail to train employees adequately can be held liable.

Electrocution and Electrical Injuries

Electrical hazards such as exposed wires, faulty equipment, and inadequate grounding can lead to life-threatening injuries. The law addresses cases where employers neglect safety protocols around electrical work.

Falling Objects and Debris

Workers struck by falling tools, materials, or construction debris due to inadequate overhead protection can hold employers accountable under Carlos’ Law. Proper barriers, netting, and protocols must be in place to avoid such incidents.

Machinery and Equipment Malfunctions

Employers have a responsibility to maintain and regularly inspect heavy machinery and equipment. Accidents caused by equipment malfunctions, improper usage, or insufficient training can result in significant penalties for negligent companies.

Structural Collapses

Collapses of walls, roofs, floors, or temporary structures can lead to catastrophic injuries. Carlos’ Law applies in cases where structural integrity was compromised due to inadequate oversight, negligent design, or poor construction practices.

Severe Injuries Commonly Covered:

Carlos’ Law clearly emphasizes that construction companies must uphold rigorous safety standards to prevent these injuries. When they fail to do so, injured workers or surviving family members have the right to seek justice and substantial compensation.

Who is Liable Under Carlos’ Law?

One of the most impactful aspects of Carlos’ Law is how clearly it defines liability in construction accidents. Unlike previous regulations that often allowed accountability to be diluted or shifted, Carlos’ Law broadens and explicitly identifies who can be held responsible when safety violations cause severe injuries or fatalities.

Construction Companies and Employers – The primary responsibility for ensuring workplace safety rests with construction companies and direct employers. Under Carlos’ Law, if a company disregards safety standards, neglects proper training, or fails to enforce safety measures, it faces substantial financial and legal consequences.

General Contractors – General contractors overseeing the entire construction site have significant safety obligations. Carlos’ Law specifically targets these contractors, ensuring they can no longer distance themselves from subcontractors’ unsafe practices. General contractors must actively enforce compliance with safety regulations throughout the site.

Subcontractors – Even subcontractors—companies hired for specialized tasks—must strictly adhere to safety standards under Carlos’ Law. Any negligence or safety violations by subcontractors that lead to injuries or fatalities place them firmly within the law’s scope of accountability.

Supervisors and Site Managers – Individual supervisors and site managers who have direct authority over safety practices can be held personally accountable. If supervisors knowingly ignore safety risks, fail to act upon warnings, or deliberately cut corners, Carlos’ Law allows them to face both civil penalties and potential criminal charges.

Property Owners and Developers – Property owners and developers can also bear responsibility under Carlos’ Law, particularly when they maintain direct control over construction activities or influence key safety decisions. Owners must ensure the contractors they hire follow all applicable safety laws and standards.

Manufacturers of Defective Equipment – Though not the primary focus of Carlos’ Law, manufacturers may also be liable if injuries result from defective machinery, equipment, or safety gear. Such claims typically overlap with product liability laws but remain an integral part of comprehensive construction safety accountability.

Carlos’ Law fundamentally reshapes liability in New York construction accident cases by establishing clear accountability across all levels of management and oversight. Its stringent enforcement ensures that no party involved can evade responsibility, fostering a safer environment for all workers.

How Carlos’ Law Affects Compensation in Construction Accident Cases

Carlos’ Law doesn’t just enhance accountability for negligent construction practices—it also has a direct impact on the compensation available to injured workers and their families. By imposing significantly higher penalties and establishing clearer liability, Carlos’ Law strengthens injured workers’ claims, helping them secure fairer settlements or verdicts.

Increased Leverage in Settlement Negotiations

Under Carlos’ Law, employers and contractors face substantially higher fines if found responsible for a construction accident. These higher penalties encourage quicker and fairer settlements, as companies are more motivated to resolve cases without the risk of facing maximum fines or criminal charges in court.

Broader Scope for Compensation

Carlos’ Law enables injured workers to claim compensation for the full scope of their damages, including:

Because the law explicitly identifies responsible parties, it makes it harder for companies or insurers to minimize their liability, ensuring injured workers receive comprehensive compensation.

Reinforced Workers’ Rights and Protection

By clearly highlighting employer obligations and consequences of safety violations, Carlos’ Law empowers workers. Employees can feel more confident exercising their rights, knowing the law backs their claims for safer workplaces and proper compensation after an injury.

Greater Deterrence Against Negligence

Ultimately, by dramatically increasing the potential cost of unsafe practices, Carlos’ Law incentivizes construction companies to prioritize safety proactively. This deterrent effect leads to fewer accidents, safer job sites, and fewer claims in the long term—benefiting everyone involved.

Carlos’ Law has fundamentally changed the landscape of construction injury compensation in New York. With stronger enforcement, higher stakes for negligent companies, and clearer routes to justice, injured workers and their families now have more effective tools to secure the compensation and support they deserve.

Success Stories: How The Orlow Firm Has Helped Victims of Construction Accidents

At The Orlow Firm, we understand firsthand how devastating construction accidents can be. Our attorneys have dedicated decades to fighting for injured workers and their families, securing millions in compensation through successful settlements and verdicts. Here are a few examples illustrating how our firm has helped clients obtain justice and financial security after serious construction accidents:

  • $3,375,000 Settlement for a Ladder Fall – A construction worker fell 12 feet off a ladder, suffering severe injuries to his neck, back, elbow, and shoulder—requiring extensive surgery. Our legal team fought aggressively, obtaining a $3.375 million settlement, providing critical support for the client’s recovery.
  • $3,000,000 Settlement for a Serious Fracture – Our client fell from a ladder, sustaining a fractured femur and severe back injuries, both of which required surgery. By thoroughly investigating the accident, we demonstrated clear liability, resulting in a substantial $3 million settlement.
  • $2,600,000 for Ceiling Collapse Injuries – An HVAC laborer was seriously injured when a drop ceiling collapsed on him, causing significant injuries to his back, knees, and shoulder. Our relentless advocacy resulted in a $2.6 million settlement, ensuring financial stability for his long-term medical needs.
  • $2,500,000 for a Wall Collapse Accident – When a wall collapsed onto our client’s forklift, he sustained severe lower back injuries requiring surgery. Through detailed investigation and aggressive representation, we secured a $2.5 million settlement, compensating him fully for his medical expenses and lost wages.
  • $2,474,000 for an Electrical Shock and Fall – An undocumented worker received a severe electric shock, causing him to fall from scaffolding during demolition work. Despite complex circumstances, we secured a $2.474 million settlement, providing essential funds for his recovery.
  • $1,850,000 Settlement After Elevator Platform Injury – Our client was severely injured when an elevator platform toppled into him at a construction site, causing significant back injuries. We secured a $1.85 million settlement, compensating him for surgery, lost wages, and ongoing rehabilitation.

These cases highlight our commitment and proven success in representing construction accident victims in New York. At The Orlow Firm, we leverage Carlos’ Law and our deep expertise to hold negligent companies accountable, securing the compensation our clients need to rebuild their lives.

Steps to Take After a Construction Accident to Ensure Your Rights Under Carlos’ Law

When you’ve been injured on a construction site, your immediate actions can significantly impact your ability to secure full compensation under Carlos’ Law. To protect your rights and strengthen your claim, follow these essential steps:

  1. Get Immediate Medical Attention – Your health comes first. Even if your injuries seem minor at first, it’s critical to seek medical care right away. Prompt medical attention not only ensures your safety but also establishes a clear record of your injuries, linking them directly to your accident.
  2. Report the Accident Promptly – Notify your supervisor or site manager immediately after the accident, ideally in writing. Officially reporting the accident helps create a clear record and reduces the risk of disputes about how or when your injuries occurred.
  3. Document the Accident Scene – If it’s safe to do so, take photos or videos of the accident site, your injuries, and any unsafe conditions or equipment that contributed to your accident. This evidence is crucial in establishing employer liability and safety violations under Carlos’ Law.
  4. Collect Witness Information – Identify and gather contact information for any coworkers or witnesses who saw the accident. Their statements can help corroborate your account, providing additional credibility to your claim.
  5. Avoid Giving Statements to Insurance Adjusters – Insurance companies often try to minimize their liability by seeking immediate statements from injured workers. Do not provide any recorded or written statements to insurers without first speaking to your attorney. Even casual remarks can be used against you later.
  6. Keep Detailed Records – Maintain thorough documentation of all medical treatments, bills, prescriptions, lost wages, and expenses related to your accident. These records will be vital in calculating the full extent of compensation you’re entitled to under Carlos’ Law.
  7. Consult an Experienced Construction Accident Attorney – Contact a qualified New York construction accident attorney at The Orlow Firm as soon as possible. Having expert legal representation early on ensures your rights are fully protected, evidence is preserved, and your claim is effectively pursued under Carlos’ Law.

Taking these proactive steps ensures you’re positioned to maximize your recovery and hold negligent parties fully accountable under Carlos’ Law. The sooner you act, the stronger your claim will be.

Local Resources for Injured Workers in New York

After a construction accident, accessing reliable local resources can be invaluable for your recovery and your case. Below is a carefully curated list of essential New York resources, complete with addresses, phone numbers, and website links, that can help injured construction workers and their families:

Medical Facilities and Urgent Care Centers

Reporting and Enforcement Agencies

  • New York City Department of Buildings (DOB)
  • Occupational Safety and Health Administration (OSHA) NYC Office

Workers’ Compensation Board

  • New York State Workers’ Compensation Board

Legal and Court Resources

Community and Support Organizations

  • New York Committee for Occupational Safety and Health (NYCOSH)
  • Catholic Charities of New York (Support for Immigrant Workers)
  • Workers Defense League

These resources can be essential in securing medical care, understanding your legal rights, and connecting with support systems to assist you during recovery. If you need additional help or guidance, The Orlow Firm is here to support you every step of the way.

Frequently Asked Questions About Carlos’ Law

Navigating the legal implications of Carlos’ Law can be challenging. Here are clear answers to some common questions we receive from construction accident victims and their families:

What exactly is Carlos’ Law?

Carlos’ Law is a New York law enacted to significantly increase penalties for construction companies or contractors whose failure to maintain safe working conditions leads to severe injuries or death. The law was established to better protect construction workers and hold negligent parties accountable.

How does Carlos’ Law benefit injured construction workers?

By imposing heavier financial penalties and clearly defining accountability, Carlos’ Law encourages employers to prioritize safety. For injured workers, it strengthens their position during settlement negotiations and court proceedings, making it easier to secure maximum compensation for injuries or losses.

Can I file a lawsuit under Carlos’ Law if I was partially responsible for my accident?

Yes. Under New York’s comparative negligence laws, even if you’re partly responsible, you can still pursue compensation. However, your settlement or verdict may be reduced based on your degree of fault. It’s crucial to have skilled legal representation to navigate these complexities.

How long do I have to file a claim under Carlos’ Law?

In New York, construction accident lawsuits generally must be filed within three years from the date of injury. If your claim involves a public entity, such as a city or state agency, you typically must file a Notice of Claim within 90 days. It’s critical to speak with an attorney promptly to protect your rights.

Does Carlos’ Law apply only to fatal accidents?

No. While the law sets higher penalties for fatal accidents, it also covers severe, non-fatal injuries resulting from safety violations. Whether an accident results in serious injury or death, Carlos’ Law provides clear recourse for victims and their families.

What types of compensation can I receive under Carlos’ Law?

Carlos’ Law allows injured workers to claim compensation for medical expenses, rehabilitation costs, lost wages, future earnings, pain and suffering, disability, emotional trauma, and loss of quality of life. Families may also pursue wrongful death compensation.

Why should I hire an attorney for a Carlos’ Law case?

Having experienced legal representation ensures your rights are fully protected and significantly increases your chances of obtaining maximum compensation. Skilled attorneys handle negotiations, gather evidence, and manage the complexities of your claim, allowing you to focus on recovery.

If you have additional questions or need personalized guidance, The Orlow Firm offers free consultations to help you understand your rights under Carlos’ Law.

Why Choose The Orlow Firm for Your Carlos’ Law Claim?

What is Carlos' Law?

When you’re dealing with the aftermath of a serious construction accident, choosing the right legal representation can dramatically impact your case. At The Orlow Firm, we understand what’s at stake for injured workers and their families. Here’s why New Yorkers consistently choose our experienced team for their Carlos’ Law claims:

Decades of Proven Experience

Founded in 1982, The Orlow Firm has successfully handled thousands of construction accident cases across New York City. Our extensive experience navigating complex personal injury claims positions us uniquely to leverage Carlos’ Law effectively on your behalf.

Powerful Track Record of Results

We’ve secured numerous multi-million-dollar verdicts and settlements for construction workers, demonstrating our commitment and effectiveness. Our proven results show we have the skills and resources needed to fight aggressively and successfully for you.

Personalized, Family-Oriented Approach

As a family-owned firm led by Brian and Adam Orlow, we treat each client with the personal care, compassion, and respect you deserve. When you choose us, you’ll never feel like just another case number; you’ll feel like family.

Deep Understanding of Carlos’ Law

Our attorneys are thoroughly versed in Carlos’ Law, staying consistently up-to-date on legislative changes and court decisions that affect your claim. We utilize this detailed knowledge to build strong, persuasive arguments that maximize your compensation.

No Fees Unless We Win Your Case

We handle Carlos’ Law claims on a contingency basis—meaning you pay nothing upfront. Our fees are based entirely on the compensation we successfully secure for you, ensuring our interests are completely aligned with yours.

Local Expertise and Community Connections

With deep roots across all five boroughs, The Orlow Firm’s extensive local knowledge of courts, medical providers, and industry practices helps streamline your claim. Our strong community relationships can positively impact your case outcomes.

Exceptional Client Care and Communication

We pride ourselves on open, clear communication and regular updates on your case. You’ll always know exactly where your claim stands and have easy access to our attorneys whenever you have questions or concerns.

When you choose The Orlow Firm, you’re choosing experienced advocates passionately committed to your recovery and justice under Carlos’ Law. Let our team fight for you, ensuring you get the full compensation and support you deserve.

 

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