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Long Island
Construction Accident Lawyer

Scaffold falls, crane collapses, electrocution, and falling objects cause devastating injuries. New York Labor Law §240 gives construction workers the strongest protections in America. No fee unless we win.

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Protecting Injured Workers

Construction Accident Lawyer on Long Island

Construction Accident Statistics

Falls are the #1 cause of construction worker death in New York State, accounting for nearly one-third of all fatal workplace injuries. Long Island sees thousands of construction-related injuries annually, driven by the region’s ongoing residential, commercial, and infrastructure boom. OSHA data consistently ranks New York among the top states for construction site violations and fatalities.

Construction is one of the most dangerous industries in the United States, and Long Island’s ongoing residential, commercial, and infrastructure development means thousands of workers face serious hazards every day. When safety measures fail — when scaffolds collapse, cranes malfunction, or electrical systems are left unprotected — the injuries are often catastrophic or fatal.

At the Law Office of Jason Tenenbaum, P.C., located in Huntington Station, we represent injured construction workers and their families across Nassau County, Suffolk County, and the greater New York area. New York has the strongest construction worker protections in America through Labor Law §§240, 241(6), and 200 — statutes that hold property owners and general contractors strictly accountable for jobsite safety failures. Jason Tenenbaum has spent 24 years fighting to ensure those protections deliver real compensation for injured workers.

Whether you fell from a scaffold, were struck by a falling object, suffered electrocution, or were injured in a trench collapse, the law may entitle you to full compensation from parties other than your employer — even if workers’ compensation is already covering your medical bills. Understanding which claims apply to your situation requires an attorney with deep knowledge of New York’s construction safety statutes.

Still have questions? Call (516) 750-0595 for a free consultation.

New York Labor Law Protections

New York’s Labor Law provides construction workers with protections that exist nowhere else in the country. Understanding these statutes is critical to maximizing recovery after a construction accident.

Labor Law §240 — The Scaffold Law (Absolute Liability)

Section 240 imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites. This covers falls from scaffolds, ladders, roofs, and elevated surfaces, as well as injuries from falling objects such as tools, materials, and debris. The injured worker does not need to prove negligence. The only defense is sole proximate cause — the owner must prove the worker was solely responsible for their own injury. Courts have consistently held that comparative negligence is not a defense under §240.

Key Legal Advantage

Labor Law §240: Absolute Liability

Under New York’s Scaffold Law, property owners and general contractors are absolutely liable for gravity-related injuries. The injured worker does NOT need to prove negligence. The only defense: sole proximate cause (proving the worker was solely responsible). This is the strongest worker protection in America.

Labor Law §241(6) — Safety Regulation Violations

Section 241(6) requires that construction sites comply with specific safety regulations in the New York Industrial Code (12 NYCRR Part 23). When a regulation is violated and a worker is injured as a result, the violation constitutes prima facie evidence of negligence. This covers hazards including inadequate guardrails, improper trench shoring, defective equipment, insufficient lighting, and failure to provide personal protective equipment.

Labor Law §200 — General Negligence

Section 200 codifies the common-law duty of property owners and general contractors to provide a reasonably safe workplace. Unlike §240, this section requires proof that the defendant had notice of and control over the dangerous condition or the manner in which the work was performed. It serves as an additional basis for liability when §240 or §241(6) claims may not apply.

Need help understanding which Labor Law sections apply to your case? Call (516) 750-0595 to speak with an experienced construction accident attorney.

Common Construction Accident Types

Construction sites present a wide range of hazards. The most serious accidents our firm handles include:

  • Scaffold falls — collapses, missing guardrails, improper assembly, and inadequate planking. Protected under Labor Law §240 as gravity-related hazards.
  • Crane accidents — crane collapses, boom failures, dropped loads, and struck-by incidents involving overhead rigging operations
  • Electrocution — contact with exposed wiring, power lines, improperly grounded equipment, and live electrical panels during renovation work
  • Falling objects — tools, building materials, concrete, and debris falling from upper floors or elevated work areas onto workers below
  • Trench and excavation collapse — cave-ins caused by failure to install proper shoring, shielding, or sloping in compliance with OSHA and Industrial Code requirements. These collapses share characteristics with slip and fall incidents involving ground-level hazards
  • Heavy equipment accidents — forklifts, backhoes, bulldozers, and other machinery causing crush injuries, amputations, and fatalities
  • Demolition injuries — structural failures during demolition, exposure to asbestos and hazardous materials, and unexpected collapses. Workers on demolition sites may also have premises liability claims
  • Structural collapse — building or partial floor collapses caused by design defects, overloading, or removal of load-bearing elements during construction

If you or a loved one was injured in any of these types of construction accidents, call (516) 750-0595 for a free case evaluation.

High-Risk Construction Zones on Long Island

Long Island’s rapid development and infrastructure expansion create concentrated construction hazards across the region. Workers face elevated risk at several major project corridors:

  • LIE (I-495) expansion and construction zones — active highway widening and interchange projects expose workers to high-speed traffic, heavy equipment, and elevated work areas along the island’s busiest corridor
  • Route 110 / Walt Whitman Road corridor development — commercial construction and mixed-use projects in Huntington Station and Melville involve multi-story builds with significant scaffold and crane operations
  • Downtown Patchogue and Ronkonkoma redevelopment — transit-oriented development projects with demolition of existing structures, deep excavation, and new multi-story construction
  • Nassau County transit-oriented development — projects in Mineola and Long Beach involving high-density residential construction, parking structures, and infrastructure upgrades adjacent to active rail lines
  • Suffolk County highway department projects — road reconstruction, bridge repairs, and drainage infrastructure work that exposes workers to trench collapse, heavy equipment hazards, and traffic-adjacent operations

If you were injured at any of these active construction zones, the property owner and general contractor may bear absolute liability under Labor Law §240 regardless of whether your direct employer was negligent.

Who Can Be Held Liable?

Unlike most personal injury claims where you must prove negligence, New York Labor Law §240 imposes a non-delegable duty on property owners and general contractors. This means they cannot escape liability by hiring subcontractors or claiming they were unaware of site conditions. Potentially liable parties include:

  • Property owners — even those who never set foot on the job site bear absolute liability under §240 for gravity-related injuries
  • General contractors — responsible for overall site safety and subject to the same non-delegable duties as property owners
  • Subcontractors — liable under common-law negligence and §200 when their own unsafe practices cause injury to other workers on the site
  • Equipment manufacturers — liable under product liability theories when defective scaffolding, cranes, harnesses, power tools, or safety equipment contribute to an accident
  • Architects and engineers — potentially liable when design defects or inadequate safety specifications contribute to structural failures, collapses, or other construction site hazards

In many construction accident cases, multiple parties share liability. We investigate every potential defendant to maximize your recovery and ensure that no responsible party escapes accountability. Identifying the full chain of responsibility — from the property owner who commissioned the project to the subcontractor who failed to install guardrails — is essential to building a case that captures the full value of your damages.

Compensation Available for Construction Injuries

Construction accidents frequently cause severe, life-altering injuries. Recoverable compensation includes:

  • Medical expenses — emergency care, surgery, hospitalization, rehabilitation, physical therapy, and projected future medical treatment
  • Lost wages — income lost during recovery and diminished earning capacity if the injury prevents returning to construction work
  • Pain and suffering — physical pain, emotional distress, and the psychological impact of traumatic construction injuries
  • Future care costs — ongoing medical treatment, assistive devices, home modifications, and long-term attendant care for catastrophic injuries
  • Permanent disability — compensation for lasting physical limitations, loss of mobility, amputation, or paralysis

New York does not cap non-economic damages in personal injury cases. In wrongful death cases, the decedent’s family may recover funeral expenses, lost financial support, loss of parental guidance, and conscious pain and suffering.

New York's Grieving Families Act (signed 2026) significantly expands wrongful death damages. Previously, only the estate's personal representative could file and recoverable damages were limited to pecuniary losses. The new law allows close family members to recover for grief, loss of companionship, and emotional anguish. For construction accident fatalities — which remain the leading cause of workplace death in New York — this law dramatically increases the value of wrongful death claims. Our attorneys can explain how the Grieving Families Act applies to your family's case. Call (516) 750-0595 for a free consultation.

To learn more about what your construction injury case may be worth, call (516) 750-0595 for a free, no-obligation case assessment.

Severe Injuries from Construction Accidents

Construction site injuries are among the most devastating of any industry. The heavy equipment, elevated work surfaces, and hazardous materials involved produce injuries far more severe than typical workplace accidents.

Traumatic brain injuries

Falls from scaffolds, ladders, and roofs frequently cause traumatic brain injuries ranging from concussions to severe TBI with permanent cognitive impairment. Struck-by incidents involving falling tools and materials also produce head trauma even when hard hats are worn, particularly when objects fall from significant heights. These injuries often require long-term rehabilitation and may permanently prevent a return to construction work.

Spinal cord injuries and paralysis

Falls from elevation — the exact hazards Labor Law §240 was designed to address — are the leading cause of spinal cord injuries on construction sites. A fall from even a single story can produce herniated discs, compression fractures, or complete spinal cord transection resulting in paraplegia or quadriplegia. These are among the highest-value construction accident cases because they involve lifetime care costs, permanent disability, and total loss of earning capacity. Our firm works with back injury specialists to document the full scope of spinal damage.

Crush injuries and amputations

Heavy equipment, collapsing structures, and trench cave-ins produce crush injuries that may require surgical amputation of limbs. These injuries are physically devastating and carry significant psychological impact. Recovery includes not only the initial trauma surgery but prosthetics, occupational therapy, phantom limb pain management, and adaptation to permanent physical limitations.

Burns and electrocution

Electrical injuries on construction sites range from minor shocks to fatal electrocution. Contact with live power lines, exposed wiring, and improperly grounded equipment can cause severe burns, cardiac arrest, and neurological damage. Burns from electrical arcs, chemical exposure, and construction fires may require skin grafts and produce permanent scarring and disfigurement.

Construction Accidents vs. Workers’ Compensation

Workers’ Comp Is Not Your Only Option

Many injured construction workers are told that workers’ compensation is all they can collect. This is wrong. While workers’ comp bars you from suing your direct employer, it does not bar third-party liability claims against property owners, general contractors, and other parties under Labor Law §§240 and 241(6).

Workers’ compensation provides limited benefits: a percentage of lost wages (capped at the state maximum), medical treatment, and scheduled awards for permanent injuries. It does not cover pain and suffering, full lost wages, or future earning capacity. Third-party Labor Law claims have no such limitations — you can recover the full value of your damages, including pain and suffering, from responsible property owners and general contractors.

In practice, the third-party claim often produces a recovery many times greater than workers’ compensation alone. You may pursue both simultaneously: workers’ comp provides immediate wage replacement and medical coverage while the third-party claim proceeds through litigation. The workers’ comp carrier will assert a lien on the third-party recovery, but this lien is subject to reduction under Workers’ Compensation Law §29.

An experienced construction accident attorney coordinates both tracks from day one — filing workers’ comp to protect immediate benefits while simultaneously building the third-party claim. We negotiate lien reductions under §29 to ensure you keep the maximum portion of your recovery. Use our settlement calculator to get an initial estimate of your potential construction accident recovery.

Navigating workers’ comp and third-party claims simultaneously is complex. Call (516) 750-0595 to discuss your options with an experienced construction accident attorney.

OSHA Violations and Your Construction Accident Case

The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction sites, and violations of these standards are powerful evidence in your Labor Law claim. When OSHA investigates a construction accident and issues citations, those citations can establish that the property owner or general contractor failed to maintain a safe work environment.

Common OSHA violations on Long Island construction sites include:

  • Fall protection violations (29 CFR 1926.501) — failure to provide guardrails, safety nets, or personal fall arrest systems for workers at heights of six feet or more. This is consistently the #1 most-cited OSHA violation nationwide.
  • Scaffold deficiencies (29 CFR 1926.451) — improperly constructed scaffolds, missing planking, inadequate guardrails, or failure to train workers on scaffold safety
  • Ladder violations (29 CFR 1926.1053) — defective ladders, improper placement, failure to extend ladders three feet above landing surfaces, and lack of slip-resistant feet
  • Trenching and excavation failures (29 CFR 1926.652) — failure to install protective systems (shoring, shielding, or sloping) in excavations deeper than five feet
  • Hazard communication failures (29 CFR 1926.59) — failure to inform workers about hazardous chemicals, asbestos, lead paint, or other toxic substances on the job site

We obtain OSHA inspection records, citation histories, and violation reports for every construction accident we handle. Under Labor Law §241(6), a violation of a specific Industrial Code provision constitutes prima facie evidence of negligence — effectively shifting the burden of proof to the defendant. OSHA records complement this by establishing a pattern of safety failures that strengthens your case and increases the potential recovery.

If your employer or the general contractor has a history of OSHA violations, that record becomes a powerful tool in settlement negotiations and at trial. Repeat offenders face enhanced penalties, and juries take notice when a defendant has been cited for the same safety failures before.

Steps After a Construction Accident

The actions you take immediately after a construction accident can significantly impact your ability to recover compensation:

  1. Seek medical attention immediately — construction injuries like brain injuries, spinal cord damage, and internal bleeding may not show symptoms right away. Emergency medical records also create critical documentation linking your injuries to the accident.
  2. Report the accident — notify your supervisor or foreman and ensure the incident is documented in writing. Request a copy of the accident report.
  3. Preserve evidence — photograph the accident scene, defective equipment, unsafe conditions, and your injuries. Note weather and site conditions at the time of the accident.
  4. Identify witnesses — get the names and contact information of coworkers and anyone else who saw the accident or the conditions leading to it.
  5. Do not give recorded statements — insurance companies for the property owner, general contractor, or other parties will contact you quickly. Do not provide recorded statements without attorney guidance.
  6. Contact a construction accident attorney — Labor Law claims involve complex statutory requirements and multiple potentially liable parties. Early legal representation ensures evidence is preserved and all claims are properly asserted.

Don’t wait to get legal help. Call (516) 750-0595 now for a free, confidential case review.

Local Hospitals for Construction Injuries

Construction accidents frequently involve crush injuries, falls from height, and traumatic amputations that require immediate Level I trauma center care. Long Island hospitals equipped to handle severe construction injuries include:

  • Stony Brook University Hospital — Level I Trauma Center, the only university-level trauma facility in Suffolk County
  • North Shore University Hospital, Manhasset — Level I Trauma Center serving Nassau County and western Long Island
  • Nassau University Medical Center, East Meadow — public hospital with full trauma and surgical capabilities
  • Good Samaritan Hospital, West Islip — regional trauma center for southwest Suffolk County
  • Huntington Hospital — community hospital near major Route 110 corridor construction sites

For severe construction injuries — especially crush injuries, spinal trauma, and falls from elevation — transport to a Level I trauma center can be the difference between life and death. Emergency medical documentation from these facilities also creates critical evidence for your catastrophic injury claim.

If you were taken to a hospital after a construction accident, request copies of all emergency room records, imaging studies, and discharge summaries. These contemporaneous medical records are among the most important pieces of evidence in your case.

Need help getting your medical records organized for a construction accident claim? Call (516) 750-0595 — we handle the paperwork so you can focus on recovery.

How We Handle Construction Accident Claims

Construction accident cases require a fundamentally different approach than typical personal injury claims. The involvement of multiple liable parties, complex statutory frameworks, and overlapping workers’ compensation claims demands systematic investigation from day one.

1

Immediate site investigation

We secure accident scene photographs, OSHA reports, site safety logs, equipment maintenance records, and witness statements before evidence is altered or destroyed. Construction sites change daily — the scaffold that collapsed yesterday may be rebuilt by tomorrow.

2

Identify all liable parties

We trace the chain of contracts from property owner to general contractor to every subcontractor on site. Labor Law §240’s non-delegable duty means property owners cannot escape liability by hiring contractors — but you need to identify and name every responsible party to maximize recovery.

3

Coordinate medical treatment and workers’ comp

We file workers’ compensation claims to protect your immediate benefits while building the third-party Labor Law claim. We work with medical providers to ensure treatment records document the full scope of your injuries with objective diagnostic evidence.

4

Litigation and resolution

We prepare every case for trial in Nassau or Suffolk County Supreme Court. Under §240, summary judgment motions on liability are common — if we can establish a gravity-related hazard and inadequate safety device, the court may rule in your favor on liability before trial. That leverage drives settlements.

Why Hire Jason Tenenbaum for Your Construction Accident Case?

Jason has handled construction accident and Labor Law cases on Long Island since 2002. He writes his own motions and tries his own cases, which means the attorney who knows your file is the one arguing your §240 claim in front of the judge. Most large firms hand off that work to associates at different stages.

Construction accident cases demand specific expertise that general personal injury lawyers often lack. You need an attorney who understands the interplay between Labor Law §§240, 241(6), and 200 — who knows which Industrial Code provisions apply to your specific accident, and who can identify every liable party in a complex chain of property owners, general contractors, subcontractors, and equipment suppliers.

Jason handles the full process from your first call through trial or settlement. He knows the judges in Nassau and Suffolk County Supreme Court, he understands the workers’ compensation lien reduction process under §29, and he has seen enough construction accident cases to identify the strongest path to maximum recovery. Consultations are free, and you pay nothing unless we recover compensation for you.

Injured on a construction site on Long Island?

Get a free case evaluation. We’ll review the accident, identify all liable parties, and explain your rights under New York Labor Law. Call (516) 750-0595 or click below.

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Simple Process

Getting Started Takes 5 Minutes

1

Call or Click

Reach us 24/7 at (516) 750-0595 or fill out our online form. We respond within minutes.

2

Free Accident Assessment

We review the circumstances of your construction accident, identify all liable parties — property owners, GCs, subcontractors — and explain your rights under Labor Law §§240 and 241(6).

3

We Fight. You Heal.

We handle the investigation, OSHA reports, depositions, and court. You focus on recovery. We don’t get paid until you do.

Why Tenenbaum Law

Built to Win Construction Accident Cases

Construction accident cases require mastery of New York’s Labor Law statutes, OSHA regulations, and the ability to identify every liable party on a complex job site. Jason Tenenbaum has spent 24 years handling these cases across Long Island and New York courts.

Labor Law §240 & §241(6) Expertise

Deep knowledge of New York’s Scaffold Law and Industrial Code regulations — the statutes that impose absolute and strict liability on property owners and general contractors for construction site injuries.

Multi-Party Investigation

Construction sites involve layers of contractors, subcontractors, property owners, and equipment suppliers. We investigate every entity to identify all liable parties and maximize your total recovery.

OSHA & Industrial Code Knowledge

We leverage OSHA violation records and Industrial Code provisions to establish negligence per se under §241(6), building cases that are difficult for defendants to dispute.

Contingency Fee — Zero Upfront Cost

We advance all costs of investigation, expert retention, and litigation. You pay nothing unless we recover compensation for you.

Under Labor Law §240, property owners and general contractors have a non-delegable duty to protect workers from gravity-related hazards. When they fail, they are absolutely liable — regardless of whether they were negligent. We hold them accountable.

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Common Questions

Frequently Asked Questions

Can I sue my employer after a construction accident in New York?
Generally, workers' compensation is the exclusive remedy against your direct employer. However, New York Labor Law allows you to file third-party claims against property owners, general contractors, and other parties who are not your direct employer. Under Labor Law §240 and §241(6), property owners and general contractors have non-delegable duties to ensure worker safety — and these claims exist entirely outside the workers' compensation system. In many construction accident cases, the third-party recovery far exceeds what workers' comp provides.
What is New York Labor Law §240 (the Scaffold Law)?
Labor Law §240 is known as the "Scaffold Law" and imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites. This includes falls from scaffolds, ladders, and roofs, as well as injuries from falling objects like tools, materials, and debris. "Absolute liability" means the injured worker does not need to prove the owner or contractor was negligent — only that a proper safety device was not provided or was inadequate. The only defense available is sole proximate cause, meaning the owner must prove the worker was the sole cause of their own injury. It is considered the strongest worker protection statute in America.
How long do I have to file a construction accident claim?
The statute of limitations for personal injury claims in New York is 3 years from the date of the accident under CPLR §214. However, if the construction site was owned or operated by a government entity (such as a municipality, the MTA, or a state agency), you must file a Notice of Claim within 90 days under General Municipal Law §50-e. Workers' compensation claims have a 2-year deadline. Because construction accident cases often involve multiple parties and overlapping deadlines, it is critical to consult an attorney as soon as possible after the accident.
What compensation can I receive for a construction site injury?
Compensation depends on the severity of your injuries and may include: medical expenses (emergency care, surgery, rehabilitation, future treatment), lost wages and diminished earning capacity, pain and suffering, permanent disability, loss of enjoyment of life, and in catastrophic cases, costs for home modifications and long-term attendant care. Because Labor Law §240 claims impose absolute liability, recoveries in construction accident cases are often significantly higher than typical negligence claims. New York does not cap non-economic damages in personal injury cases.
Can undocumented workers file construction accident claims in New York?
Yes. New York courts have consistently held that immigration status is irrelevant to Labor Law protections. Undocumented workers have the same rights under Labor Law §§200, 240, and 241(6) as any other worker. Property owners and general contractors cannot use a worker's immigration status as a defense. Additionally, federal and state anti-retaliation provisions prohibit employers from threatening deportation or taking other adverse action against workers who assert their legal rights after a construction accident.
What should I do immediately after a construction site accident?
First, seek immediate medical attention — even if injuries seem minor, internal injuries and spinal damage may not present symptoms right away. Report the accident to your supervisor and ensure it is documented in writing. Take photographs of the accident scene, any defective equipment, and your injuries if possible. Get names and contact information of witnesses. Do not give recorded statements to any insurance company. Contact a construction accident attorney before speaking with the property owner's or general contractor's insurance carrier, as anything you say can be used to reduce your claim.
What is New York Labor Law §241(6) and how does it differ from §240?
Labor Law §241(6) requires property owners and general contractors to comply with specific safety regulations in the New York Industrial Code (12 NYCRR Part 23). Unlike §240, which imposes absolute liability for gravity-related hazards regardless of negligence, §241(6) requires proof that a specific Industrial Code provision was violated and that the violation caused the injury. However, a proven violation constitutes prima facie evidence of negligence, shifting the burden to the defendant. Common violations include inadequate guardrails, improper trench shoring, defective equipment, insufficient lighting, and failure to provide personal protective equipment. Both statutes impose non-delegable duties on property owners and general contractors, meaning they cannot escape liability by delegating safety responsibilities to subcontractors.
How much is a construction accident case worth on Long Island?
The value of a construction accident case depends on the severity of injuries, the specific Labor Law violations involved, available insurance coverage, and the long-term impact on your ability to work. Cases involving Labor Law §240 absolute liability claims typically produce higher recoveries because the injured worker does not need to prove negligence. Factors that increase case value include permanent disability, multiple surgeries, inability to return to construction work, and violations of multiple safety regulations. New York does not cap non-economic damages in personal injury cases. During a free consultation, we evaluate the specific facts of your accident — medical records, OSHA reports, liability evidence, and applicable Insurance coverage — and provide a realistic assessment based on outcomes in Nassau and Suffolk County courts.

Don’t Wait — Your Rights Have Deadlines

Construction Accidents Cause Severe Injuries. The Law Is on Your Side.

New York Labor Law §240 gives injured construction workers powerful protections that exist nowhere else in the country. Property owners and general contractors are absolutely liable for gravity-related injuries — but the 3-year statute of limitations is unforgiving. Act now to protect your claim.

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