Long Island is in the middle of an unprecedented building and infrastructure boom. This surge in development is a welcome sign of economic progress, but it carries a heavy price. The fast-paced environment has led to a troubling increase in work zone accidents and injuries. The truth is, many of these incidents are preventable. Data from the U.S. Bureau of Labor Statistics shows that the fatality rate for construction workers in New York is significantly higher than the national average.
New York’s labor laws acknowledge the inherent dangers of construction work, placing a high degree of responsibility on property owners and general contractors to ensure their sites are safe for every person on the job. Your injury was not likely “just an accident”; it was probably the result of a failure to follow these mandated safety protocols. A Long Island construction accident lawyer can explain your rights, identify who is responsible, and help you pursue compensation for the harm you suffered.
If you’ve been injured on a construction site in Nassau or Suffolk County, you have specific legal rights under New York law that go beyond a standard Workers’ Compensation claim. If you have questions about what happened in your case and who should be held responsible, our team at Rosenberg & Gluck LLP is here to provide answers.
Call us at (631) 451-7900 for a no-cost conversation about your rights.
Why Are Construction Sites on Long Island So Dangerous Right Now?
A wave of both private development and public infrastructure projects has turned the region into a hive of activity. Recent data shows a significant jump in new building permits being filed across New York, reflecting a market under pressure to build faster and bigger. This “pressure cooker” environment creates the conditions for serious accidents. When project timelines are tight and budgets are squeezed, safety becomes a secondary concern.
The Dangers of a High-Pressure Environment
Several factors contribute to the hazardous conditions on many Long Island job sites:
- Inadequate Safety Oversight: Government safety inspections can’t be everywhere at once. The Occupational Safety and Health Administration (OSHA) is tasked with enforcing safety rules, but the sheer volume of projects means many sites operate with minimal oversight, allowing hazards to go unaddressed.
- The Non-Union Factor: Data consistently shows that a large percentage of construction fatalities in New York occur on non-union job sites. These sites sometimes lack the standardized, rigorous safety training and protocols that are a hallmark of unionized labor, leaving workers more vulnerable.
- The Human Cost:. The fatal work injury rate for the construction industry in New York has climbed to 10.4 deaths per 100,000 workers, a figure that tragically exceeds the national average. This means workers in our state face a greater risk of not coming home at the end of the day.
If you were hurt, it’s likely because one or more of these factors were at play.
“I Already Have Workers’ Compensation. Isn’t That Enough?”
While Workers’ Compensation is indeed an important safety net, it is often not enough to cover the full extent of your losses after a serious construction injury.
Workers’ Compensation is a no-fault insurance system. This means it provides certain benefits regardless of who caused the accident. It is designed to cover your approved medical bills and a percentage of your lost wages—typically up to two-thirds of your average weekly pay. It is a lifeline when bills start piling up, but it has significant limitations. Can I claim compensation depends on the details of your accident and whether a third party besides your employer shares responsibility. A lawyer can review your case and explain if you qualify for additional damages beyond Workers’ Compensation.
What Workers’ Compensation does not cover is just as important as what it does:
- Pain and Suffering: It provides no money for the physical pain, emotional trauma, and the loss of enjoyment of life that comes with a debilitating injury.
- Full Lost Wages: The benefits do not account for lost overtime, future pay raises, or the damage to your long-term earning potential if you cannot return to your trade.
- Accountability: The system is not designed to punish a company for cutting corners on safety.
The Third-Party Lawsuit: The Path to Full Recovery
The law provides another avenue for recovery: a third-party liability claim. This is a personal injury lawsuit filed against a negligent party who is not your direct employer or a co-worker.
Think of it this way: Workers’ Comp is the immediate first aid designed to stop the bleeding. A third-party lawsuit is the comprehensive, long-term recovery plan that addresses the full impact the injury has had on every aspect of your life. Can a lawyer help is a common question after a construction accident and the answer is yes because an experienced lawyer can investigate your case, identify all responsible parties, and fight to recover the full compensation you deserve.
So, who are these potential “third parties”? They include:
- The property owner
- The general contractor overseeing the entire project
- Other subcontractors working on the site
- Architects or engineers who designed a faulty structure
- The manufacturer of a defective piece of equipment or machinery
When you hire an attorney with experience in construction accident cases, they will investigate the incident to determine if you have a valid third-party claim.
New York’s Special Labor Laws: Your Strongest Protection
New York State has enacted specific laws that provide some of the strongest protections for construction workers in the entire country. These laws recognize that workers on a job site have little control over their environment and must rely on those in charge to keep them safe.
The “Scaffold Law”: New York Labor Law § 240
Perhaps the most powerful of these is New York Labor Law § 240, commonly known as the “Scaffold Law.” This law is designed to protect workers from gravity-related risks, which are among the leading causes of death and serious injury in the construction industry.
The Scaffold Law covers injuries caused by two types of events:
- A worker falling from a height.
- A worker being struck by a falling object.
Under this law, property owners and general contractors are held to a standard of strict liability. It means that if you are injured in one of these scenarios, you generally do not have to prove that the owner or contractor was careless. You only need to demonstrate that they failed to provide you with adequate and properly placed safety devices—such as scaffolds, harnesses, ladders, or safety nets—and that this failure was a cause of your injury. The responsibility to provide a safe environment is absolute.
Safe Worksite Requirements: New York Labor Law § 241(6)
The protections do not stop there. New York Labor Law § 241(6) extends the duty of owners and contractors to maintain a safe worksite. This law requires them to comply with the specific, detailed safety regulations laid out in the New York State Industrial Code. This code contains hundreds of rules governing everything on a construction site.
A violation of one of these specific code provisions serves as powerful evidence of negligence in a third-party lawsuit. Common violations that lead to injury claims under this statute include:
- Tripping and Slipping Hazards: Failure to keep walkways, passageways, and work areas clear of debris, tools, and materials.
- Inadequate Lighting: Poorly lit stairwells or work areas that conceal hazards.
- Unsafe Machinery Operation: Failure to follow safety protocols for heavy equipment like cranes, excavators, or forklifts.
- Improper Excavation Protection: Lack of proper shoring or support in trenches, leading to collapses.
What Does a Successful Injury Claim Look Like?
A successful claim moves beyond the theoretical laws and focuses on the practical result: securing the resources you need to rebuild your life. This process is built on a foundation of thorough investigation and compelling evidence. Choose a personal injury lawyer who understands New York’s labor laws and has experience with construction accident cases to give yourself the strongest chance at full recovery.
You should not have to worry about gathering this evidence while you are healing. This is the work our legal team undertakes on your behalf.
Building Your Case: The Role of Evidence
Our process for building a strong claim is meticulous and proactive. We don’t wait for others to provide information; we go out and find it. This includes:
- Investigating the Site: If the site is still active, we move quickly to try to document the conditions at the accident scene, taking photographs, and working to identify every contractor, subcontractor, and entity that was present and had a role in the project.
- Interviewing Witnesses: We seek to locate and speak with co-workers and other potential witnesses who saw what happened or who have knowledge of the safety practices (or lack thereof) on the job site.
- Reviewing Documents: We obtain and analyze paperwork, such as daily safety logs, project blueprints, contracts, and work permits, to establish the specific duties and responsibilities of each party.
- Checking for OSHA Violations: We will request records from OSHA to determine if the contractors involved had been cited for previous safety violations, which can establish a pattern of negligence.
What Compensation Can We Pursue?
A third-party lawsuit allows you to seek compensation for the full range of your losses, which often far exceeds what is available through Workers’ Compensation. We pursue compensation for both the financial and the personal toll of your injury. Accident compensation on Long Island can cover medical bills, lost wages, pain and suffering, and the long-term impact your injuries have on your life.
Economic Damages
These are the tangible, calculable financial losses you have suffered.
- All past and future medical bills related to your injury.
- 100% of your lost wages, including overtime and future lost earning capacity.
- Costs for vocational rehabilitation if you need to be retrained for a new line of work.
Non-Economic Damages
These damages are meant to compensate you for the profound, personal impact of the injury.
- Compensation for your physical pain and suffering.
- Damages for emotional anguish and mental distress.
- Payment for the loss of quality and enjoyment of your life.
Frequently Asked Questions About Construction Injury Claims
Can I be fired for filing a lawsuit?
No. It is illegal in New York for an employer to fire or otherwise retaliate against you for filing a Workers’ Compensation claim or for pursuing a legitimate personal injury lawsuit against a third party. If you face any form of retaliation, an employment lawyer can pursue a claim to help protect your employment rights.
How long do I have to file a claim in New York?
In New York, the statute of limitations for most personal injury cases is generally three years from the date of the accident. However, it is important to act much sooner. Evidence can disappear, and witnesses’ memories can fade. Furthermore, if your claim is against a public entity like a town, county, or state agency, you must file a Notice of Claim within just 90 days of the incident.
What if I am partially at fault for my accident?
New York follows a pure comparative negligence rule. In simple terms, this means you can still recover damages even if you were partially responsible for the accident. Your final compensation award would simply be reduced by your percentage of fault. For example, if you were found to be 10% at fault, your award would be reduced by 10%.
My injury happened on a road construction site in Suffolk County. Are my rights the same?
Yes. The powerful protections of New York’s Labor Laws apply whether you are working on a high-rise building in Nassau, a bridge overpass, or a highway repaving project on the Long Island Expressway. The principles of negligence and the responsibility to provide a safe work environment are the same. Accidents in road construction zones are a serious and growing problem, and workers in those environments have the same rights. How to recover compensation starts with filing a Workers’ Compensation claim, but often requires pursuing a third-party lawsuit to cover the full extent of your losses.
I’m a Latinx worker. Are there specific issues I should be aware of?
Data has shown that Latinx workers are tragically and disproportionately affected by fatal construction accidents in New York. This is often due to a combination of factors, including placement in more dangerous non-union jobs and language barriers. Please know that the law protects all workers, regardless of your background, primary language, or immigration status. Our firm is committed to ensuring that your rights are fully upheld and that you are treated with dignity and respect throughout the legal process.
Your Next Step Is a Conversation, Not a Commitment
The laws designed to protect injured construction workers in New York are strong, but they do not enforce themselves. You must take the first step to put them into action.
The legal system may seem complicated, but you do not have to face it by yourself. Your primary focus should be on your health, your recovery, and your family.
If you were injured on a construction site in Nassau or Suffolk County, call Rosenberg & Gluck LLP today at (631) 451-7900 for a free, no-obligation consultation. We will listen to your story, answer your questions, and provide you with clear, honest advice about your legal options.
