Hispanic Construction Worker Safety in NYC: Why Latino Workers Face Higher Risk and What You Can Do

Hispanic construction worker safety NYC is not an abstract policy concern — it is a life-and-death issue backed by devastating federal data. According to the Bureau of Labor Statistics, 1,229 Hispanic and Latino workers died from work-related injuries in 2024, with a fatality rate of 4.3 per 100,000 full-time workers — 30 percent higher than the national average of 3.3. Of those 1,229 deaths, 68.5 percent — 842 workers — were foreign-born.

In New York City, where the construction industry depends heavily on immigrant labor, the disparity is especially visible. Hispanic and Latino workers make up a disproportionate share of the city’s construction workforce, yet they face systematically higher rates of injury and death than workers from other backgrounds. The reasons are structural — rooted in language barriers, concentration in high-hazard trades, employer exploitation, and a culture of fear that prevents workers from reporting unsafe conditions.

This guide examines the data behind the disparity, the systemic factors driving it, and what you can do to protect yourself and your legal rights if you are injured on a New York City construction site. For over 40 years, our New York construction accident lawyers have fought for the workers who build this city.

The Numbers: Hispanic and Latino Construction Worker Fatalities in 2024

The 2024 Census of Fatal Occupational Injuries, published by the Bureau of Labor Statistics, tells a clear and troubling story about the state of Hispanic construction worker safety across the United States.

Across all industries, 1,229 Hispanic and Latino workers were killed on the job in 2024 — making them the second-largest demographic group among workplace fatalities despite representing a smaller share of the overall workforce. Their fatality rate of 4.3 per 100,000 full-time equivalent workers exceeded the national average of 3.3 by roughly 30 percent.

The foreign-born dimension makes the picture even more stark. Of the 1,229 Hispanic or Latino worker deaths, 842 — or 68.5 percent — involved foreign-born workers. These are workers who often come to the United States with limited English proficiency, limited knowledge of their legal rights, and limited access to the safety training that could save their lives.

Construction is where the danger concentrates. The construction and extraction sector recorded 1,032 total fatalities in 2024, a rate of 9.2 per 100,000 — nearly triple the national average across all industries. While the BLS does not cross-tabulate ethnicity by specific industry in its summary release, decades of research and OSHA enforcement data confirm that Hispanic workers are overrepresented in construction fatalities relative to their share of the construction workforce.

In New York City specifically, construction remains the city’s most dangerous industry by a wide margin. With thousands of active job sites across the five boroughs — from high-rise towers in Manhattan to residential developments in Queens and infrastructure projects across the Bronx — the risks are amplified for workers who may not fully understand safety instructions delivered only in English.

Why Hispanic and Latino Construction Workers Face Higher Risk

The elevated fatality rate among Hispanic construction workers is not the result of a single cause. It reflects a set of overlapping, systemic factors that place these workers at greater risk than their peers on the same job sites.

Language Barriers and Lack of Spanish-Language Safety Training

OSHA requires employers to provide safety training in a language that workers can understand. This is not a suggestion — it is a regulatory obligation. Yet enforcement is inconsistent, and many construction employers in New York City fail to provide Spanish-language safety training, toolbox talks, or site-specific hazard communications.

The consequences are predictable and deadly. When a foreman explains fall protection procedures only in English, the Spanish-speaking roofer on the crew may not understand the instructions. When safety signage is posted exclusively in English, workers who cannot read it are left to guess at the hazards around them. When a worker spots a dangerous condition but cannot communicate the problem to a supervisor who speaks only English, the hazard goes unreported — until someone gets hurt.

OSHA has recognized this gap and operates Spanish-language outreach and compliance assistance programs. But with limited inspectors covering thousands of job sites, the agency’s reach does not match the scale of the problem.

Concentration in High-Hazard Trades

Hispanic and Latino workers are disproportionately employed in the construction trades that carry the highest fatality rates. Roofing, demolition, excavation, and scaffolding work — all among the most dangerous construction jobs in New York City — employ large numbers of Hispanic workers.

These are physically demanding jobs that expose workers to falls from heights, struck-by hazards from falling debris, trench collapses, and contact with heavy machinery. The Fatal Four hazards tracked by OSHA — falls, struck-by incidents, electrocution, and caught-in/between accidents — account for the majority of construction deaths, and the trades where Hispanic workers concentrate are precisely the trades most exposed to these hazards.

The concentration is not accidental. It reflects hiring patterns in which immigrant workers are recruited into the most dangerous roles, often by smaller subcontractors with limited safety infrastructure.

Fear of Reporting Unsafe Conditions

Many Hispanic construction workers — particularly those who are undocumented — work in an environment where reporting unsafe conditions feels more dangerous than the conditions themselves. Workers fear that raising safety concerns will lead to termination, blacklisting from future jobs, or even deportation.

Employers who are aware of this dynamic sometimes exploit it, assigning undocumented workers to the most hazardous tasks with the implicit understanding that they will not complain. When accidents happen, these workers may also hesitate to seek medical treatment, file injury reports, or pursue legal claims — forfeiting compensation they are legally entitled to receive.

This fear is misplaced. OSHA prohibits employer retaliation against any worker who reports a safety hazard or files a complaint, regardless of immigration status. For a deeper look at the legal protections available to undocumented construction workers in New York, see our guide on undocumented construction worker rights.

Worker Misclassification and Informal Employment

Worker misclassification compounds the problem. When employers classify construction workers as independent contractors rather than employees, those workers lose access to employer-provided safety training, workers’ compensation insurance, and the protections of New York’s labor laws.

Misclassification is widespread in the residential construction sector, where smaller subcontractors frequently hire Hispanic and Latino workers on an informal basis. Cash payments, no written contracts, and no records of employment are common. When an injury occurs, these workers may believe they have no recourse — but under New York law, misclassified workers can still pursue workers’ compensation and third-party personal injury claims.

What OSHA Requires — And Where the System Falls Short

OSHA sets the federal safety standards that every construction employer must follow, and the agency has made Hispanic and Latino worker safety a stated priority. OSHA requires that all safety training be provided in a language that workers can understand, and the agency offers Spanish-language resources, compliance assistance, and outreach programs targeting industries with large Hispanic workforces.

But the agency’s enforcement capacity does not match the scale of the problem. Federal OSHA has approximately 1,850 inspectors responsible for 130 million workers at more than 8 million worksites nationwide — roughly one inspector for every 70,000 workers. In New York City, where construction activity is among the densest in the country, this translates to only a fraction of job sites receiving routine inspections.

The result is a system that relies heavily on workers themselves to report violations. Any worker — regardless of immigration status — can file a confidential safety complaint with OSHA. The agency is legally prohibited from sharing complainant information with employers, and retaliation for filing a complaint is a separate federal violation.

In New York, the Department of Buildings also plays a role, issuing violations and stop-work orders when safety hazards are identified on city construction sites. Local advocacy organizations have called for increased enforcement and mandatory safety training in the languages spoken by the workers on each site.

Your Legal Rights as a Hispanic Construction Worker in NYC

New York provides some of the strongest worker-protection laws in the country, and these protections apply to every construction worker on a New York job site regardless of immigration status, national origin, or primary language.

Workers’ Compensation

Under Workers’ Compensation Law Article 2, Section 17, every employee in New York is entitled to workers’ compensation benefits regardless of citizenship or immigration status. Workers’ comp covers medical expenses and a portion of lost wages, but it does not compensate for pain and suffering. For a detailed comparison, see our guide on workers’ comp vs. third-party lawsuits in NYC construction.

NY Labor Law §240(1) and §241(6)

New York Labor Law §240(1), commonly known as the Scaffold Law, imposes absolute liability on property owners and general contractors for gravity-related injuries — including falls from heights and injuries caused by falling objects. The property owner and general contractor are liable regardless of any negligence on the worker’s part. Labor Law §241(6) requires compliance with specific Industrial Code safety standards, and a violation of these standards can establish liability in a personal injury lawsuit. These protections apply to all workers on a New York construction site, regardless of immigration status.

Third-Party Lawsuits

Injured construction workers can file civil lawsuits against property owners, general contractors, subcontractors, and equipment manufacturers who contributed to their injuries. These lawsuits can recover full damages including pain and suffering, future lost earnings, and diminished quality of life — compensation that workers’ comp alone does not provide. For a comprehensive guide to the legal rights of undocumented workers after a construction accident, see our resource on undocumented construction worker rights in New York.

What to Do If You’re Hurt on a Construction Site

The steps you take immediately after a construction accident can significantly affect both your health and your legal rights. If you are injured on a job site in New York City, follow these steps:

• Report the accident immediately. Notify your supervisor or foreman as soon as possible. Under New York law, you must report a workplace injury to your employer within 30 days to preserve your workers’ compensation claim. You are protected from retaliation for reporting, regardless of your immigration status.
• Seek medical attention right away. Tell the treating physician that your injury occurred at work. Medical documentation of a workplace injury is essential evidence for both workers’ compensation and third-party claims.
• Document everything you can. If you are physically able, take photos of the accident scene, your injuries, and any unsafe conditions. Write down the names of witnesses. Preserve any clothing or equipment involved in the incident.
• File a workers’ compensation claim. Your employer is required to file a report with the Workers’ Compensation Board. If they fail to do so, you can file directly. You have two years from the date of the accident to file.
• Do not sign anything from the insurance company. Insurance adjusters may pressure you to give a recorded statement or sign a release. Before agreeing to anything, speak with an attorney who can protect your interests.

Consult a construction accident lawyer. An experienced attorney can evaluate whether you have a third-party claim in addition to workers’ compensation. Learn more about the process on our page explaining how to start your construction accident case.

Protecting the Workers Who Built This City — How Gorayeb & Associates Can Help

Gorayeb & Associates was founded more than 40 years ago with a specific mission: to represent the Hispanic and Latino construction workers who build New York City but who too often are denied the protections and compensation they deserve. More than 90 percent of the firm’s clients are Spanish-speaking construction workers and their families, and every member of the legal team is equipped to communicate directly with clients in the language they are most comfortable with.

The firm has recovered more than $2 billion in compensation for injured construction workers across New York City, and founder Christopher J. Gorayeb has dedicated his career to fighting for the rights of immigrant workers. Through the firm’s community center and free safety training courses, Gorayeb & Associates works to prevent construction injuries before they happen — not just to win compensation after they do.

If you or a loved one has been hurt on a construction site and you are concerned about Hispanic construction worker safety NYC needs to take seriously, the attorneys at Gorayeb & Associates are ready to fight for the compensation you deserve. Every case begins with a free, confidential consultation — and you pay nothing unless we win. Our fee comes out of the money we recover for you, not out of your pocket.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is different. Prior results do not guarantee a similar outcome. If you have been injured, consult a qualified attorney to discuss your specific situation.