Skip to main content
★★★★★ 4.9 Rating • 200+ Reviews

Long Island
Construction Accident Lawyer

Page updated October 2026

We represent injured construction workers across Nassau and Suffolk from our Huntington Station office. Workers’ comp protects your employer, not the owner or general contractor: under Labor Law §240(1) they are liable for a fall from height, or a load that dropped while being hoisted, when the safety device failed. No fee unless we win.

$100M+

Recovered

24+

Years Experience

$0

Upfront Cost

24/7

Available

Quick Answer

Construction accident settlements on Long Island range from about $50,000 to over $5,000,000, depending on the severity of injuries and which Labor Law section applies. Under Labor Law §240(1) (the Scaffold Law) the owner and general contractor are liable for an elevation-related injury without proof of negligence, and your own fault does not reduce the award; under §241(6) and §200 it does (CPLR 1411). The workers’ compensation lien comes out of the recovery (Workers’ Compensation Law §29). The statute of limitations is 3 years (CPLR §214), but claims against a county, town, village or school district require a 90-day notice of claim (General Municipal Law §50-e).

Last updated: October 2026 · Every case is unique — these ranges reflect general Long Island outcomes and are not guarantees.

Protecting Injured Workers

Do I Need a Construction Accident Lawyer on Long Island?

New York Construction Deaths, 2024 (BLS)

The U.S. Bureau of Labor Statistics counted 217 fatal work injuries in New York State in 2024. The construction sector had 50 of them, down from 60 in 2023, and 24 of those 50 construction deaths were falls, slips and trips. Source: BLS Census of Fatal Occupational Injuries, Fatal Work Injuries in New York State, 2024 (released March 27, 2026).

Long Island’s residential, commercial, and infrastructure work puts construction crews at height, in trenches, and near live power 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 Labor Law §§240(1), 241(6), and 200 put the duty to keep a site safe on owners and contractors. The duties under §240(1) and §241(6) are nondelegable, so an owner who hired out the work still answers for it. 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.

Construction Accident Case Value on Long Island: General Settlement Ranges
Injury Severity Settlement Range Typical Timeline
Minor (sprains, minor fractures) $50,000 – $200,000 3–6 months
Moderate (fractures, disc injuries, burns) $200,000 – $1,500,000 6–18 months
Severe (TBI, spinal cord, amputation) $1,500,000 – $5,000,000+ 1–3+ years

Every case is unique. These ranges reflect general Long Island case outcomes and are not guarantees of results.

What Moves the Value of a Long Island Construction Accident Case

The injury sets the starting point. These six legal questions decide how much of that value reaches you.

Question What the law says Effect on value
Does Labor Law §240(1) apply? It covers a fall from height, or an object that fell while being hoisted or secured because a safety device was missing or inadequate (Narducci v Manhasset Bay Assocs., 96 NY2d 259 [2001]). Your own negligence is not a defense; sole proximate cause is (Blake v Neighborhood Hous. Servs., 1 NY3d 280 [2003]). Liability is often decided on summary judgment, so the case turns on damages and the award is not cut for your share of fault.
Only §241(6) or §200? §241(6) needs a specific Industrial Code rule (Ross v Curtis-Palmer, 81 NY2d 494 [1993]); §200 needs control of the work or notice of the condition. Your fault reduces the award in proportion (CPLR 1411(a); Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343 [1998]). A jury can find you partly at fault and reduce the number. The 2026 fault bar in CPLR 1411(b) applies only to motor-vehicle claims, not to these.
How big is the comp lien? The carrier has a lien on the recovery for what it paid, after deducting the costs of getting the recovery, and the court apportions those costs between you and the carrier (Workers’ Compensation Law §29(1)). Afterward the carrier pays only the amount by which future comp exceeds your net recovery (§29(4)). Your net depends on the lien as much as on the gross settlement. A settlement for less than the comp benefits due needs the carrier’s written approval or a court compromise order (§29(5)).
Is it a “grave injury”? Defendants can bring your employer into the case only for a “grave injury” (death, amputation of an arm, leg, hand or foot, paraplegia or quadriplegia, total and permanent blindness or deafness, and the other injuries §11 lists) or under a written indemnity contract (Workers’ Compensation Law §11). It does not limit your claim, but it decides whether the employer’s insurer helps pay, which changes how the defendants settle.
Who owns the site? Owners of one- and two-family dwellings who contract for but do not direct or control the work are exempt from §§240(1) and 241(6). A county, town, village or school district owner needs a notice of claim within 90 days (General Municipal Law §50-e) and suit within one year and 90 days (§50-i). A homeowner job may leave only the contractors as defendants. A missed notice of claim can end the case against a public owner.
Lost earnings Lost wages are recoverable under §§240(1) and 241(6) regardless of immigration status; the jury may weigh status as one factor (Balbuena v IDR Realty LLC, 6 NY3d 338 [2006]). There is no general cap on non-economic damages in a construction injury case. For a construction worker who cannot go back to the trade, lost earning capacity is often the largest single item.

Statutes: Labor Law §240, §241, Workers’ Compensation Law §11, §29, CPLR 1411.

What New York Labor Laws Protect Injured Construction Workers?

Three sections of New York’s Labor Law do most of the work in a construction injury case. Which one fits your accident decides whether you must prove negligence and whether your own fault reduces the award.

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

Section 240(1) requires “all contractors and owners and their agents” doing erection, demolition, repair, altering, painting, cleaning or pointing of a building or structure to furnish scaffolding, hoists, ladders, ropes and other devices “so constructed, placed and operated as to give proper protection.” The Court of Appeals limits it to elevation-related risks: a worker falling from a height, or an object that fell while being hoisted or secured because a device was absent or inadequate (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494 [1993]; Narducci v Manhasset Bay Assocs., 96 NY2d 259 [2001]). A tool that simply falls is not enough. When the statute applies, the injured worker does not need to prove negligence, and the worker’s own negligence does not reduce the award. The defense is that the worker’s own conduct was the sole proximate cause (Blake v Neighborhood Hous. Servs., 1 NY3d 280 [2003]). Owners of one- and two-family dwellings who contract for but do not direct or control the work are exempt.

Key Legal Advantage

Labor Law §240: Absolute Liability

When §240(1) applies, the owner and general contractor are liable without proof of negligence, and your own carelessness does not reduce the award. To win on sole proximate cause they must show you had adequate safety devices available, knew you were expected to use them, chose for no good reason not to, and would not have been hurt if you had (Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35 [2004]).

Labor Law §241(6) — Safety Regulation Violations

Section 241(6) requires owners and contractors to comply with the Commissioner of Labor’s rules for construction, excavation and demolition work, the Industrial Code (12 NYCRR Part 23). The duty is nondelegable: the owner answers for a subcontractor’s violation. It is not absolute liability. You must prove the violation of a specific, concrete Industrial Code rule (a general “safe workplace” rule is not enough) that caused the injury (Ross), and the violation is “some evidence of negligence” for the jury, which may reduce the award for your own share of fault (Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343 [1998]). Typical rules cover guardrails and planking, trench shoring, electrical hazards, and slipping and tripping hazards. The 2026 tort reform’s fault bar (CPLR 1411(b)) applies only to motor-vehicle claims under Insurance Law article 51; a §241(6) claim still uses pure comparative fault under CPLR 1411(a).

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, and like §241(6) it allows the award to be reduced for your own share of fault (CPLR 1411(a)).

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

What Are the Most Common Construction Accident Types on Long Island?

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. Covered by Labor Law §240(1) as elevation-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. Section 240(1) covers these when the object fell while being hoisted or secured, or for lack of a device the work required
  • 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 review.

Where Are the Most Dangerous Construction Sites 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) work zones — highway and interchange work exposes 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 hurt on one of these projects in a fall from height or by a load that dropped, the owner and general contractor answer under Labor Law §240(1) whether or not your employer was careless. Many of these are public projects. A claim against a county, town or village as owner needs a notice of claim within 90 days (General Municipal Law §50-e) and a lawsuit within one year and 90 days (§50-i).

Who Is Liable for a Construction Accident in New York?

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 are liable under §240(1) for elevation-related injuries, except owners of one- and two-family dwellings who contract for but do not direct or control the work
  • 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 — §240(1) exempts those who do not direct or control the work beyond planning and design, but they remain answerable in negligence when a design defect contributes to a collapse or other site hazard

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.

What Compensation Can I Get for a Construction Injury on Long Island?

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 has no general cap on non-economic damages in construction 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 wrongful death statute, EPTL §5-4.3, still limits the family's recovery to "fair and just compensation for the pecuniary injuries" caused by the death: lost support, lost services, the value of parental guidance, and medical and funeral costs. The personal representative of the estate brings the claim within two years of the death (EPTL §5-4.1). Grief and loss of companionship are not recoverable. The Grieving Families Act, which would add them, has not become law: Governor Hochul vetoed the 2025 bill (S4423) on December 5, 2025, and the 2026 bill (S10171) has been in the Senate Judiciary Committee since May 4, 2026. The worker's own conscious pain and suffering before death is still recoverable through the estate's survival claim. Our attorneys can explain what your family's case can recover today. 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.

What Are the Most Severe Construction Accident Injuries?

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 hazard Labor Law §240(1) was written for, cause many of the spinal injuries we see in construction cases. 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 physicians 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.

Can I Sue Beyond Workers’ Compensation After a Construction Accident in New York?

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 (Workers’ Compensation Law §11), it does not bar third-party liability claims against property owners, general contractors, and other parties under Labor Law §§240 and 241(6). File the comp claim within two years of the accident (§28).

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 under Workers’ Compensation Law §29(1), but the lien is reduced by the carrier’s share of the costs of getting the recovery, including attorney’s fees, which the court apportions between you and the carrier.

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.

How Do OSHA Violations Affect My 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 on a surface with an unprotected side or edge six feet or more above a lower level.
  • 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. One limit matters: federal OSHA regulations cannot by themselves support a Labor Law §241(6) claim against an owner or general contractor that did not supervise the work. That claim has to rest on a specific provision of the New York Industrial Code (Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343 [1998]). OSHA findings still show what went wrong, which device was missing, and who controlled the site, which is the proof a §240(1) or §200 claim needs.

What Should I Do After a Construction Accident on Long Island?

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 Does a Construction Accident Lawyer Handle Your Claim?

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 an elevation-related hazard and an inadequate safety device, the court may rule in your favor on liability before trial. That leverage drives settlements.

Why Choose Jason Tenenbaum for Your Construction Accident Case on Long Island?

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 review. 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.

Free Case Review

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 the Scaffold Law’s liability for elevation-related risks and of the specific Industrial Code rules a §241(6) claim must rest on.

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 tie the accident to the specific Industrial Code rule a §241(6) claim requires, and use OSHA records as evidence of what went wrong and who controlled the work.

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(1), property owners and general contractors have a non-delegable duty to protect workers from elevation-related hazards. When the safety device fails and you are hurt, they are liable whether or not they were negligent. We hold them accountable.

24+

Years Experience

$0

Unless We Win

Common Questions

Frequently Asked Questions

Can I sue my employer after a construction accident in New York?
Usually not. Workers' Compensation Law § 11 makes workers' compensation your exclusive remedy against your own employer, unless the employer failed to carry coverage. You can sue the property owner, the general contractor and their agents under Labor Law §§ 240(1), 241(6) and 200, and any other company whose negligence caused the accident, while you collect comp. If those defendants want to bring your employer into the case, § 11 allows it only for a 'grave injury' (for example death, amputation of an arm, leg, hand or foot, paraplegia or quadriplegia, or a brain injury that causes permanent total disability) or under a written indemnity contract signed before the accident.
What is New York Labor Law §240 (the Scaffold Law)?
Labor Law § 240(1) requires 'all contractors and owners and their agents' doing erection, demolition, repair, altering, painting, cleaning or pointing of a building or structure to furnish scaffolding, hoists, ladders, ropes and other devices 'so constructed, placed and operated as to give proper protection' to the worker. It covers elevation-related risks: a worker falling from a height, or an object that fell while being hoisted or secured because a device was missing or inadequate (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494 [1993]; Narducci v Manhasset Bay Assocs., 96 NY2d 259 [2001]). When a violation causes the injury, the owner and contractor are liable even if they never supervised the work, and the worker's own negligence does not reduce the award. Their defense is that the worker's own conduct was the sole proximate cause (Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280 [2003]). Owners of one- and two-family dwellings who contract for but do not direct or control the work are exempt.
How long do I have to file a construction accident claim?
Three years from the accident to sue the owner, contractor or another private company (CPLR 214). If a city, county, town, village, school district or fire district is a defendant, you must serve a notice of claim within 90 days (General Municipal Law § 50-e) and sue within one year and 90 days (§ 50-i). A claim against the State goes to the Court of Claims, which has its own 90-day rule (Court of Claims Act § 10), and public authorities such as the MTA have their own notice statutes. A workers' compensation claim must be filed within two years of the accident (Workers' Compensation Law § 28). If the worker died, the wrongful death action must be brought within two years of the death (EPTL 5-4.1).
What compensation can I receive for a construction site injury?
Medical expenses, lost wages and lost earning capacity, pain and suffering, and the cost of future care. Workers' compensation does not pay for pain and suffering; the third-party case against the owner and contractors does. New York has no general cap on non-economic damages in construction injury cases. The $100,000 cap the 2026 tort reform added to Insurance Law § 5104(d) applies only to certain convicted or uninsured at-fault drivers in motor-vehicle cases. Labor Law § 240(1) decides who is liable and whether your own fault reduces the award; it does not change how damages are measured. Out of any recovery, the workers' compensation carrier is repaid for what it paid you, less its share of the cost of winning the case (Workers' Compensation Law § 29).
Can undocumented workers file construction accident claims in New York?
Yes. In Balbuena v IDR Realty LLC, 6 NY3d 338 (2006), the Court of Appeals held that the Labor Law applies to all workers in qualifying employment 'regardless of immigration status' and that federal immigration law does not bar an undocumented worker's claim for lost wages under Labor Law §§ 240(1) and 241(6). The jury may consider immigration status as one factor in deciding lost earnings. Labor Law § 215 makes it unlawful retaliation to threaten to contact immigration authorities, or to report a worker's suspected immigration status, because the worker brought a proceeding under the Labor Law.
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 owners and contractors to comply with the Commissioner of Labor's rules for construction, excavation and demolition work, the Industrial Code (12 NYCRR part 23). The duty is nondelegable, so the owner answers for a subcontractor's violation. It is not absolute liability. You must prove a violation of a specific, concrete Industrial Code rule, not a general safety standard (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494 [1993]), and the violation is some evidence of negligence for the jury, which can reduce the award for your own share of fault (Rizzuto v L.A. Wenger Contr. Co., 91 NY2d 343 [1998]). Federal OSHA regulations cannot be the rule a § 241(6) claim rests on against an owner or general contractor that did not supervise the work (Rizzuto). Section 240(1), by contrast, covers only elevation-related risks, but where it applies your own negligence does not reduce the award.
How much is a construction accident case worth on Long Island?
Four things set the value of a construction accident case on Long Island. First, how badly you were hurt and whether you can go back to construction work. Second, which Labor Law section fits: under § 240(1) your own negligence does not reduce the award, while under §§ 241(6) and 200 it does (CPLR 1411). Third, how much the workers' compensation carrier takes back under its lien (Workers' Compensation Law § 29). Fourth, how much insurance the owner, general contractor and subcontractors carry. Permanent injuries, multiple surgeries and a lost career push value up. New York has no general cap on non-economic damages in construction injury cases, and the 2026 tort reform's fault bar applies only to motor-vehicle claims. In a free consultation we review the medical records, the accident and OSHA reports and the contracts between the companies on the site, and give you a realistic range based on outcomes in Nassau and Suffolk County courts.
Does the 2026 New York tort reform change construction accident cases?
Not for the claim against the owner and contractors. Part EE of chapter 58 of the Laws of 2026, effective May 26, 2026 for actions commenced on or after that date, added CPLR 1411(b), which bars a claimant in an action 'subject to article fifty-one of the insurance law' whose culpable conduct is greater than the defendant's, and capped non-economic damages for certain convicted or uninsured drivers under Insurance Law § 5104(d). Both rules are for motor-vehicle claims. A construction injury claim under Labor Law §§ 240(1), 241(6) or 200 still uses pure comparative fault (CPLR 1411(a)), and under § 240(1) the worker's own negligence does not reduce the award at all. The exception is a worker hit by a car in a work zone: the claim against the driver is a motor-vehicle claim and the new rules apply to it.
Does Labor Law 240 apply if I was hurt working on a house?
It depends on the owner. Sections 240(1) and 241(6) exempt 'owners of one and two-family dwellings who contract for but do not direct or control the work.' A homeowner who hired a contractor and stayed out of the work is not liable under those sections, but the contractors on the job still are. The exemption does not reach a building with three or more units, or a homeowner who directed or controlled how the work was done.

Don’t Wait — Your Rights Have Deadlines

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

New York Labor Law §240(1) makes property owners and general contractors liable for elevation-related injuries without proof of negligence. But the 3-year statute of limitations is unforgiving, and a claim against a town, village or county needs a notice of claim within 90 days. Act now to protect your claim.

No fee unless we win. Available 24/7. Hablamos Español.

Injured? Don't Wait.

Get Your Free Case Review Today

No fees unless we win — available 24/7 for emergencies.

Free Consultation Free Case Review