{"id":16974,"date":"2024-02-01T08:00:00","date_gmt":"2024-02-01T13:00:00","guid":{"rendered":"https:\/\/www.napolilaw.com\/?p=16974"},"modified":"2024-01-18T15:54:19","modified_gmt":"2024-01-18T20:54:19","slug":"what-is-carlos-law-and-how-does-it-affect-construction-accident-claims","status":"publish","type":"post","link":"https:\/\/www.napolilaw.com\/article\/what-is-carlos-law-and-how-does-it-affect-construction-accident-claims\/","title":{"rendered":"What is Carlos\u2019 Law and How Does It Affect Construction Accident Claims?"},"content":{"rendered":"\n

S.621B\/A.4947B<\/a>, Carlo\u2019s Law, took effect in January 2023 and could affect the amount of compensation in a job injury claim. However, for the most part, this criminal law doesn\u2019t affect civil liability matters. Many states have general jurisdiction courts which consider all legal matters. But in New York, civil and criminal courts are separate and distinct entities<\/a>. <\/p>\n\n\n\n

Workers\u2019 compensation, which applies to most job injury claims, is separate from the court system. The New York State Workers\u2019 Compensation Board sets up relevant guidelines and supervises these claims. Originally, the NYSWCB was an independent watchdog agency that balanced the interests of employers and victims.<\/p>\n\n\n\n

Financial help for medical bills and other damages is available through these systems. However, as insurance company interests become more entrenched, assertive legal representation is a necessity, unless the victim is willing to settle for less.<\/p>\n\n\n\n

What is Carlos\u2019 Law?<\/strong><\/p>\n\n\n\n

Carlos Moncayo, a 22-year-old undocumented worker, was killed in a 2015 trench collapse. Such injuries are on the Occupational Safety and Health Administration\u2019s Fatal Four list<\/a>.\u00a0<\/p>\n\n\n\n

Sometimes, such caught-between injuries are partially, or even mostly, the victim\u2019s fault. However, this time, Harco Construction didn\u2019t properly reinforce the trench. That key fact would have gone unnoticed; fortunately an alert police officer with a construction background spotted the trench defect.<\/p>\n\n\n\n

Prosecutors filed criminal charges against Harco. The company was convicted of second-degree manslaughter, criminally negligent homicide and reckless endangerment, and fined $10,000, a penalty then-District Attorney Cyrus Vance lambasted as \u201cMonopoly money<\/a>.\u201d<\/p>\n\n\n\n

Carlos’ Law increased the $10,000 fine to a minimum of $500,000 and a maximum of $1 million. The $5,000 misdemeanor increased to a minimum of $300,000 and a maximum of $500,000. The legislation also expands the definition of employees to include subcontractors and day laborers.<\/p>\n\n\n\n

Generally, victims and survivors don\u2019t see a dime of this money. Occasionally, courts order defendants to pay medical bills and pay limited reimbursement as a condition of probation. But there\u2019s no law requiring such payments.<\/p>\n\n\n\n

Criminal courts don\u2019t compensate victims. So, a lawyer may look to the workers\u2019 compensation system or the civil court system.<\/p>\n\n\n\n

Workers\u2019 Compensation<\/strong><\/p>\n\n\n\n

This system applies to trench collapses, surface slip-and-falls, and many other job injuries. Occupational disease victims (hearing loss, repetitive stress, toxic exposure, etc.) are usually entitled to workers\u2019 compensation benefits as well. These benefits include:<\/p>\n\n\n\n