Tragedy at the Gateway Program Tunnels Site — A Case Study for New York Construction Accidents

By the NYC Construction Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Recently, a fellow construction worker lost his life on a major New York City tunnel project. The death of 52-year-old Jorge Sanchez, who reportedly had worked a 35-hour shift just days before his fatal fall, serves as a stark reminder of how speed, pressure and unsafe conditions converge in the construction industry.

According to his co-worker and close friend, the project had been running behind schedule, and management demanded extended shifts to “catch up”. Sanchez and the co-worker both reported working extremely long hours over the prior weeks.

“They always tell us, we’re being behind schedule … we’re humans working all those crazy hours that we work .. The body gets tired.”

Authorities say Sanchez fell approximately 50 feet while harnessed to a newly poured concrete wall at the jobsite. The exact cause remains under investigation, but one of the co-workers cited the crew’s fatigue and a rushed environment as contributing factors.

Why This Incident Matters to NYC Construction Workers & Their Families

1. Fatigue + Long Hours = Elevated Risk
The worker’s friend says a 35-hour straight shift had been required. When crew members are exhausted, even seasoned tradespeople can make mistakes. In a high hazard environment like excavation or elevated work, that becomes a life-threatening combination.

2. Elevated Work = Labor Law 240/241 Exposure
Under New York’s construction statutes—particularly New York Labor Law § 240(1) (the so-called “Scaffolding Law”) and § 241(6)—owners and contractors may face strict liability when elevated work is involved and proper safety devices or protocols are lacking.
In this case, work on a concrete wall at height and an apparent fall raises those statutes. The harnessing system, staging, supervision and schedule-pressure are all likely areas of investigation.

3. Multiple Parties Could Be Liable Beyond the Worker’s Employer
While the employer (in this case the concrete-work company) plays a role, New York law also allows claims against general contractors, property owners, equipment manufacturers or other responsible parties. For example, if a fall protection system failed or was absent, or scheduling pushed workers into unsafe conditions, multiple actors may bear responsibility.

4. Wrongful Death Claim—Time is Critical
Because this accident involved a fatality, the surviving family may pursue a wrongful-death claim. Under New York law, the statute of limitations for a wrongful death claim is generally two years from the date of death. Delay or failure to preserve the scene, equipment, and witness testimony can severely compromise the claim.

What Should Families & Workers Do Right Away

• Report the accident immediately to the site supervisor and ensure there is an official incident report.
• Seek any available documentation: timesheets, shift logs showing excessive hours, proof of fatigue/extended work, and companies’ communications about schedule pressure.
• Preserve evidence: photos/videos of the work area, fall protection system, harnessing equipment, concrete‐pour staging, access/egress routes.
• Identify and secure witness statements—co-workers who worked excessive hours, were pressured by management, observed compromised safety protocols.
• Consult with an experienced construction-accident attorney without delay—so that the lawyer can arrange for a prompt investigation, site inspection, equipment review, and legal strategy.

Why Hiring a Specialized Construction-Accident Lawyer Matters

Construction-site cases are far more complex than standard workplace injuries. In New York, attorneys must navigate:

• Specialized statutes like Labor Law §§ 200, 240(1), 241(6) that impose strict and/or comparative liability on owners and contractors.
• The interplay between workers’ compensation rights (for the employer) and third-party claims (against liable non-employer parties).
• Multi-party investigations: general contractor, subcontractors, equipment vendors, property owner may all figure in the chain.
• Preservation of evidence in fast-moving sites, crash investigations, fatigue/scheduling records, safety logs.
• Deadlines (statute of limitations) that demand early action.

At our firm, we’ve handled numerous high-stakes construction-site cases and understand how to hold powerful defendants accountable.

The tragic death at the Gateway tunnel site illustrates how long hours, schedule pressure, and unsafe conditions on a major infrastructure project can result in devastating outcomes. If your loved one died under similar circumstances, or if you were injured working excessive hours at height, you must act quickly. Dial 212-943-1090 for a free consultation with a lawyer with NYC construction-site experience or use our contact form.