Workers’ Memorial Day Calls for Action to Protect Lives on the Job

Every year on April 28, people around the world pause to remember workers who lost their lives or were seriously hurt on the job. It’s a solemn day known as Workers’ Memorial Day, and it’s meant to honor those workers and renew our commitment to making workplaces safer. But remembering isn’t enough; this day is also a call to action.

The date, April 28, marks the anniversary of the Occupational Safety and Health Act, which was signed into law in 1970. While the law was a major step forward, workplace deaths and injuries in New York and across the nation are still far too common.

How common are workplace deaths?

According to the Bureau of Labor Statistics, the United States recorded 5,283 work-related deaths in 2023. This is a 3.7% drop from the 5,486 reported in 2022. The rate of fatal injuries also declined, falling to 3.5 deaths per 100,000 full-time equivalent workers compared to 3.7 the previous year.

These aren’t just numbers; these are people who left for work and never came home. That includes warehouse workers crushed by unsafe equipment or construction workers who fell from unprotected heights. Workplace fatalities happen in every industry, whether it’s office work, healthcare, retail, agriculture, or manufacturing.

What causes most work deaths?

• Transportation incidents: This includes vehicle crashes, collisions, and workers struck by moving vehicles. They’re especially frequent in trucking, delivery, construction, and agriculture
• Falls, slips, and trips: These are common in construction, roofing, and maintenance jobs. Falls from heights (like ladders, scaffolding, or roofs) are especially dangerous.
• Exposure to harmful substances or environments: This includes exposure to toxic chemicals, smoke, and harmful gases, as well as fatal overdoses from non-medical use of drugs or alcohol while on the job.
• Contact with objects and equipment: Includes being struck by falling tools or materials, caught in machinery, or crushed by equipment. This typically occurs in manufacturing, construction, and warehousing.
• Violence and other injuries by persons or animals: This involves workplace assaults, shootings, and animal attacks. It might be perpetrated by coworkers, customers, or others.
• Fires and explosions: These typically result from flammable materials, faulty equipment, or electrical hazards

What needs to change to make workplaces safer?

We already know how to make workplaces safer; it’s not a mystery. The real challenge is putting those solutions into action and making them stick. It takes commitment from lawmakers, employers, and the public to prioritize safety over speed, profit, or convenience.

Here’s what needs to happen to protect workers better:

• Strengthen the laws and enforcement: Right now, many safety violations go unchecked because agencies don’t have the resources to inspect every workplace or respond quickly to complaints.
• Support and empower workers: Workers need to feel safe speaking up. That means knowing they have rights and protections if something goes wrong. It also means giving them a real voice on the job.
• Focus on prevention: Too often, safety becomes something companies talk about only after someone gets hurt. However, the real goal should be to prevent work accidents in the first place.

What should I do if I lose a loved one to a work accident or illness?

If you’ve lost a loved one in a workplace accident in New York, you may be eligible for death benefits through the state’s workers’ compensation system. These benefits are meant to provide financial relief during a deeply difficult time. Surviving dependents can receive weekly cash payments that typically equal two-thirds of the worker’s average weekly wage (up to a set maximum), as well as funeral costs.

To receive these benefits, you must notify the deceased’s employer within 30 days and file a claim (Form C-62) with the New York State Workers’ Compensation Board within two years of the death. You’ll also need to submit the death certificate, proof of funeral expenses, and any related medical records.

While workers’ comp covers most work-related fatalities, you might also have grounds for a wrongful death lawsuit if a third party caused the accident or if gross negligence played a role. Only the personal representative of the deceased’s estate can file this type of claim, and New York law requires it to be filed within two years.

Let us be your ally during this difficult time

Losing a loved one to a workplace accident or job-related illness is one of the hardest things a family can go through. The New York workers’ compensation lawyers at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP understand that no amount of compensation can replace the person you lost. But we also know how critical it is to fight for the financial stability and justice your family deserves.

With over 90 years of experience helping New Yorkers navigate the workers’ compensation system, our team is ready to take on the legal burden so you can focus on healing. We’ve helped thousands of families obtain death benefits, funeral expense coverage, and long-term support through workers’ comp claims.

When you reach out to us, your first consultation is completely free. There’s no pressure to hire us; just honest answers from experienced New York workers’ comp attorneys who’ve seen every angle of these cases. We’ll walk you through your rights, explain how the claims process works, and answer every question you have. You’ll leave the conversation with clarity, direction, and a real plan.

We also offer legal representation on a contingency fee basis, meaning there’s no upfront cost to hire us, and you pay nothing unless we win your case.

To find out how our New York law firm can help you, give us a call or contact us online today for a confidential, no-cost consultation.

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