Long Island construction accident lawyers from Rosenberg & Gluck, LLP represent injured workers who need more than just a Workers’ Compensation check. If you were hurt on a job site in Nassau or Suffolk County, you may have a third‑party claim against a property owner, general contractor, or another negligent party—not just a workers’ comp case.
New York’s Labor Laws give construction workers powerful protections when site owners and contractors fail to provide proper safety equipment, secure scaffolding, or a reasonably safe place to work.
A third‑party construction accident claim can pursue full lost wages, future earning capacity, medical expenses, and compensation for pain and suffering, which Workers’ Compensation alone does not fully cover.
Our legal team knows how to identify who was responsible for site safety, uncover Labor Law and safety violations, and connect those failures to your injuries. If you were hurt on a construction site, contact us online or call (631) 451‑7900 for a free consultation to learn about your options.
Your Injury Deserves More Than Workers’ Comp
Long Island Construction Accident Guide
- Why Choose Long Island Construction Accident Attorneys from Rosenberg & Gluck, LLP?
- Compensation We Pursue After a Construction Accident on Long Island
- How We Prove Your Construction Accident Case on Long Island
- Why Construction Cases Are Uniquely Difficult on Long Island
- Dealing With Insurance Companies and Corporate Defense Teams
- What to Do After a Construction Accident
- Long Island Construction Accident Attorneys FAQ
- Your Safety Was Their Responsibility. Your Recovery Is Ours.
Why Choose Long Island Construction Accident Attorneys from Rosenberg & Gluck, LLP?
When you hire Rosenberg & Gluck, LLP for a Long Island construction accident case, you get a local firm with decades of experience and the resources to take on property owners, general contractors, and their insurers. Here is what sets us apart:
- Nearly 30 years representing injured workers in Suffolk and Nassau counties, founded in 1996 and rooted on Long Island.
- Convenient Holtsville office, so you can meet your lawyer close to home instead of dealing with a distant or purely remote team.
- Seasoned trial lawyers with a history of significant results in serious injury and wrongful death cases.
- We invest in your case from day one by preserving evidence, dealing with insurance companies, and advancing litigation costs, and you only pay a legal fee if we recover compensation for you.
Together, these strengths mean your construction accident claim is handled by a team that knows Long Island, understands the stakes, and is prepared to fight for the full value of your case. Ready to learn how we can help you fight for the maximum compensation you may be eligible for under the law? Schedule a free case evaluation today.
Compensation We Pursue After a Construction Accident on Long Island
There are generally two systems at play after a site accident: Workers’ Compensation and Third-Party Claims.
Workers’ Compensation is an automatic benefit system. It pays for your medical bills and a portion of your lost wages, regardless of fault. However, it does not pay for pain and suffering, nor does it pay for the full loss of your future income if you can never work high-steel again. This is where a third-party lawsuit comes in.
A third-party claim is a lawsuit against someone other than your employer, such as the General Contractor (GC) or the property owner, who caused your injury through negligence. Through this claim, we can pursue damages that Workers’ Comp ignores:
- Full Lost Wages: We calculate the difference between what you earned and what you can earn now. This includes lost union benefits, pension contributions, and overtime you would have worked.
- Pain and Suffering: This covers the physical agony of the injury and the recovery process.
- Loss of Enjoyment of Life: If you can no longer pick up your children, play sports, or engage in hobbies you once loved, the law recognizes this as a compensable loss.
- Loss of Consortium: This addresses the impact the injury has on your relationship with your spouse.
The initial insurance settlement offer you received may be less than you expected, or in some cases, legally eligible to recover under the law. Learn how much your claim could be worth during a free consultation with our construction site accident lawyers on Long Island.
How We Fight Back Against Shared Fault Narratives in Construction Accident Injury Cases
Maybe you didn’t tie off fast enough, or you used a ladder you knew was shaky. You might think this ruins your chance to sue, but that may not be the case for your specific circumstances.
New York operates under a rule called comparative negligence, which means you can still recover compensation even if you were partially responsible for the accident. The court assigns a percentage of fault to everyone involved.
If a judge or jury decides you were partially at fault, your final award is reduced by your percentage of fault. Our job is to use evidence to ensure the defense does not unfairly inflate your percentage of fault to lower their payout.
How We Prove Your Construction Accident Case on Long Island
New York has unique statutes, called the Scaffold Law, that provide extraordinary protection for workers exposed to gravity-related risks. If you fall from a height or something falls on you, the law typically holds the owner and GC fully responsible for not providing proper safety devices. They cannot simply blame you for the accident.
We pursue liability against several parties:
- General Contractors: They are responsible for overall site safety and enforcing protocols.
- Property Owners: In New York, owners can be held liable even if they were not present at the site, provided the accident involves specific elevation risks.
- Subcontractors: If an electrician leaves a live wire exposed or a mason leaves debris that causes a trip, they are liable.
- Equipment Manufacturers: If a scissor lift fails or a saw guard malfunctions, we look at product liability.
We actively hunt for evidence, including:
- Site Logs and Safety Minutes: We demand the daily logs to see if dangerous conditions were reported and ignored.
- Black Box Data: Modern heavy machinery (cranes, excavators) typically records operation data. We download this to see if the operator was moving too fast or carrying a load that was too heavy.
- OSHA Violations: We review the site’s history with the Occupational Safety and Health Administration to establish a pattern of negligence.
The defense will frequently argue the sole proximate cause defense. This is a legal way of saying, “It was 100% the worker’s fault because he refused to use available safety gear.” We can counter this by showing that the safety culture on site was lax, the gear was defective, or you were never instructed properly.
Serious Injuries Require Serious Legal Action
Why Construction Cases Are Uniquely Difficult on Long Island
The density of projects, from high-end renovations in the Hamptons to massive commercial developments in Nassau, creates a high-pressure environment. However, construction sites must operate under specific safety regulations and a violation of those standards can result in all potentially liable parties being held accountable through a lawsuit.
The Web of Liability
Long Island projects typically involve dozens of smaller subcontractors on a single site. You might have framers, plumbers, electricians, and HVAC crews working on top of each other. When an accident occurs, it creates a web of liability where every company points the finger at someone else.
We untangle this web, identifying which company held the insurance policy for the specific area where you were hurt. We analyze the contracts between the GC and the subs to see who promised to indemnify (pay for) whom.
Dealing With Insurance Companies and Corporate Defense Teams
The Risk Transfer Game
Construction litigation frequently involves a game of hot potato. The owner sues the GC, the GC sues the subcontractor, and the subcontractor tries to sue your employer. While these massive companies fight over who has to write the check, your case can stall.
We manage these procedural battles so you do not have to stress over the legal infighting. We push to resolve the liability disputes quickly so compensation can flow to you.
What to Look Out For
- Quick Settlement Offers: Early offers rarely account for long-term complications like arthritis or chronic back pain. Once you sign, you cannot ask for more later.
- Requests for Recorded Statements: Adjusters need to finalize their liability report. However, nuances in how you describe the accident matter. Saying “I slipped” might damage a case that should have been described as “The ladder shifted due to uneven ground.” Always speak to a lawyer before giving a statement.
- Surveillance: Investigators routinely check social media or observe claimants. They want to verify if your physical limitations are real.
What to Do After a Construction Accident
Once you are home from the hospital or clinic, the real work of protecting your claim begins.
Preserve Evidence From Home
Construction crews change constantly. People move to different jobs or leave the state. Write down the names and phone numbers of any co-workers who saw the accident immediately. Do not rely on your memory or the foreman’s report.
Start a diary of your physical limitations. Be specific. Instead of writing “My back hurts,” write “Tuesday: Could not pick up my toddler due to back spasms.” This creates a record of how the injury affects your daily life.
Documentation and Digital Hygiene
Keep copies of all union correspondence and Workers’ Comp paperwork. Do not throw away torn clothing or broken boots from the accident. This is physical evidence that can demonstrate the severity of the impact.
Finally, be cautious of what you or friends or family post on social media. Defense attorneys scour Facebook and Instagram. A photo of you smiling at a family BBQ might be innocent, but the defense can use it to argue you are not in pain.
Long Island Construction Accident Attorneys FAQ
What should I do after a construction accident at work?
After a construction accident at work, get medical care right away and report the injury to your supervisor or employer in writing. Under New York workers’ compensation law, you should give written notice within 30 days. Take photos of the area, the equipment, and any missing safety devices, and get the names of coworkers who saw what happened. Then talk to a construction accident lawyer, because injured construction workers often have a lawsuit against the property owner or general contractor in addition to workers’ comp.
What is New York’s Scaffold Law (Labor Law 240)?
New York’s Scaffold Law, Labor Law Section 240(1), protects workers from gravity-related hazards, such as falls from heights and being hit by falling objects. It requires owners and contractors to provide proper safety devices like scaffolds, ladders, harnesses, and hoists. If they fail to do so and you are hurt as a result, they are strictly liable. Your own carelessness does not reduce your recovery under this law, unless you were the only cause of the accident.
What is Labor Law 241(6) and when does it apply?
Labor Law Section 241(6) requires owners and contractors to keep construction, excavation, and demolition sites reasonably safe. To use it, you must show that a specific rule in New York’s Industrial Code was violated and that the violation caused your injury. It covers hazards that are not gravity-related, such as slippery floors, tripping hazards, unguarded machinery, and electrical dangers. Unlike the Scaffold Law, your own fault can reduce your recovery under this section.
How much is my construction accident case worth?
The value of a construction accident case depends on how serious your injuries are, your medical costs, lost wages and future earning ability, and your pain and suffering. Cases under New York’s Labor Law can be valuable, because owners and contractors can be held liable even when your employer cannot be sued. Workers’ compensation benefits you received will usually be repaid from the recovery through a lien.
How do I file a construction accident lawsuit?
Your lawyer first investigates the accident, identifies the property owner, general contractor, and other parties, and preserves evidence. Most construction accident lawsuits are filed in New York State Supreme Court in the county where the accident happened or where a party is located. You generally have three years to sue. Shorter deadlines apply if a public entity owns the site, including a 90-day notice of claim.
Can OSHA violations help my construction injury case?
OSHA violations can help show that a site was unsafe and that safety rules were ignored. However, OSHA rules alone cannot be used to prove a Labor Law Section 241(6) claim in New York, which requires a violation of the state Industrial Code. An OSHA citation can still be useful evidence in a negligence claim and can point to the safety failures that caused your injury.
What are the most common construction site injuries?
Common construction site injuries include fractures, back and neck injuries, traumatic brain injuries, spinal cord injuries, crush injuries, burns, electric shock, and amputations. Falls from heights are the leading cause of construction worker deaths. Other frequent causes include being struck by falling objects or equipment, getting caught in heavy machinery or power tools, and trench collapses.
Who is liable for an injury on a construction site?
On a New York construction site, the property owner and general contractor are often liable under the Labor Law, even if they did not directly supervise your work. Exceptions to this exist for single or two-family homes. Subcontractors, equipment manufacturers, and other construction companies on site can also share liability. Your own employer is generally protected from lawsuits by workers’ compensation, unless it failed to carry coverage.
Can I sue my employer for a construction accident?
Usually you cannot sue your employer for a construction accident in New York, because workers’ compensation is generally the only remedy against your direct employer. The main exceptions are an employer that failed to carry workers’ compensation insurance and an intentional attack. However, you can often sue the property owner, general contractor, or another company on site, and those claims can recover pain and suffering, which workers’ compensation does not pay.
Can I collect workers’ comp and sue a third party at the same time?
Yes. In New York, you can file a workers’ compensation claim with your employer and also file a lawsuit against a third party, such as the property owner or general contractor. If you win, the workers’ compensation carrier is usually repaid part of what it paid through a lien. The carrier must also share in the legal fees. A lawyer can often reduce the lien amount. Regardless, the extent of any lien will be factored in to your total damages and your attorney will take that into consideration when negotiating your case.
What is the average construction accident settlement?
There is no reliable average construction accident settlement, because the injuries and facts vary so much. New York’s Labor Law claims can lead to substantial recoveries, especially for a fall from height and permanent injuries. The value depends on your injuries, medical costs, lost earning capacity, pain and suffering, the strength of the Labor Law claim, and the available insurance.
What if I was partially at fault for my construction accident?
It depends on which law applies. Under the Scaffold Law, Labor Law Section 240(1), your own carelessness does not reduce your recovery unless you were the sole cause of the accident. Under Labor Law Section 241(6) and general negligence claims, your award can be reduced by your share of fault under New York’s comparative negligence rule. Either way, partial fault does not stop you from bringing a claim.
How long does a construction accident lawsuit take?
Most construction accident lawsuits take two to four years. Cases with strong Scaffold Law claims can sometimes resolve sooner through a motion for summary judgment on liability. Cases with several defendants, insurance disputes between contractors, or serious long-term injuries can take longer. Your lawyer can keep the case moving by pushing discovery and trial dates.
What if my employer didn’t provide proper safety equipment?
If your employer did not provide proper safety equipment, you can usually file a workers’ compensation claim against your employer and a lawsuit against the property owner or general contractor. New York’s Labor Law makes owners and contractors responsible for providing proper safety devices, such as harnesses, guardrails, and secure ladders. A failure to provide that equipment is often the core of a strong Scaffold Law claim.
Can I sue if I fell from a ladder at work?
Often, yes. A fall from a ladder at a construction, repair, or renovation job is one of the most common Scaffold Law claims in New York. If the ladder was defective, unsecured, or the wrong type for the job, the property owner and general contractor can be strictly liable under Labor Law Section 240(1). Owners of one- and two-family homes who did not direct the work are generally exempt.
Your Safety Was Their Responsibility. Your Recovery Is Ours.
Construction sites are inherently dangerous, but that does not excuse owners and contractors from following New York’s safety laws. When they cut corners to save money, they put your life at risk. You should not have to drain your life savings because someone else ignored safety protocols.
You might be worried that fighting a large construction company is impossible. It is not—not when you have a firm that has been handling these exact cases in Suffolk and Nassau counties for decades.
You focus on healing and getting back to your family. We will handle the paperwork, the investigation, and the fight for your financial future. Call Rosenberg & Gluck, LLP today at (631) 250-4072 for a free case evaluation with our experienced personal injury lawyers on Long Island.
Protect Your Rights After a Construction Accident
