Construction Accident Lawyer on Long Island
Injured on a Long Island construction site? New York's scaffold law protects you. Winkler Kurtz LLP fights for full compensation. Free consultation. No fee unless we win.
DO YOU HAVE A CASE?
Signs you need a construction accident lawyer
You fell from a scaffold, ladder, or elevated work surface
You were struck by a falling object, tool, or piece of equipment
A trench or excavation collapsed on you
Defective equipment or machinery caused your injury
You were electrocuted or burned on a job site
A vehicle (forklift, crane, backhoe) hit you on the site
You were injured because of inadequate safety equipment or training
Your employer is pressuring you to not report the accident or file a claim
If any of these apply, call 631-928-8000. New York's Labor Law gives construction workers stronger protections than almost any other state.
WHY CHOOSE US
Why Winkler Kurtz LLP for your construction accident case
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We Know New York Labor LawSections 240, 241, and 200 of New York Labor Law provide powerful protections for construction workers. Section 240, the "Scaffold Law," imposes absolute liability on property owners and general contractors for gravity-related injuries. We know how to use these statutes to win.
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We Go Beyond Workers' CompWorkers' compensation covers basic medical and wage benefits, but it does not compensate you for pain and suffering or the full extent of your losses. A personal injury claim against the property owner, general contractor, or equipment manufacturer can recover significantly more.
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Proven Results$3.0 million recovered for a 48-year-old union painter who sustained bilateral shoulder tears and herniated disc requiring discectomy and fusion following a fall from a ladder.
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We Investigate Job Site NegligenceWe obtain OSHA reports, site safety plans, daily inspection logs, equipment maintenance records, and subcontractor agreements. We identify every party responsible for your injury.
How we handle construction accident cases
OUR PROCESS
From crash to compensation
Free Case Evaluation
Call 631-928-8000. We review the circumstances of your accident, your injuries, and the parties involved at no cost.
Medical Record Review
We visit the site (or reconstruct conditions from evidence), obtain OSHA violation reports, pull safety inspection logs, review the site safety plan, and interview coworkers and witnesses.
Identify All Liable Parties
Construction sites involve property owners, general contractors, subcontractors, equipment manufacturers, and engineers. We investigate the chain of responsibility and pursue every liable party.
File Your Claim and Fight
We file your personal injury claim (separate from workers' comp), demand full compensation, and negotiate or litigate to a resolution. You pay nothing unless we recover money for you.
YOUR RIGHTS
New York's construction worker protections
Labor Law Section 240 ("Scaffold Law")
This is one of the strongest worker protection statutes in the country. Section 240 imposes absolute liability on property owners and general contractors when a worker is injured by a gravity-related hazard, meaning falls from heights or being struck by falling objects. If you fell from a scaffold, ladder, roof, or elevated platform, or if an object fell on you, the property owner and general contractor are liable regardless of whether you were partially at fault. Comparative negligence does not apply under Section 240.
Labor Law Section 241(6)
Section 241(6) requires property owners and general contractors to comply with specific safety regulations set by the New York Industrial Code. Violations of these regulations (improper scaffolding, missing guardrails, unsafe trenching, inadequate fall protection) create liability. Unlike Section 240, comparative negligence can reduce your recovery under Section 241(6).
Labor Law Section 200 / Common Law Negligence
Section 200 codifies the general duty of property owners and general contractors to provide a safe workplace. This section applies when the injury was caused by a dangerous condition on the property itself, rather than the method of the work.
Workers' Compensation
Workers' comp covers medical treatment and a portion of lost wages, but it does not cover pain and suffering or the full extent of your economic losses. A personal injury claim under Labor Law Sections 240 or 241(6) can recover these additional damages. You can pursue both simultaneously.
CASE TYPES
Types of construction accident cases on Long Island
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Scaffold collapses, ladder failures, unprotected roof edges, open floor holes, and missing guardrails. Falls are the leading cause of death on construction sites. Section 240 provides absolute liability for gravity-related falls.
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Falling tools, materials, equipment, and debris. Workers below are at risk when overhead work lacks proper netting, toe boards, or secured materials.
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Trenches that lack proper shoring, sloping, or trench boxes can collapse without warning. Long Island's sandy soil makes proper excavation safety especially critical.
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Contact with overhead power lines, exposed wiring, improperly grounded equipment, and live circuits. Electrical accidents can cause burns, cardiac arrest, and death.
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Crane failures, forklift incidents, concrete pump malfunctions, and defective power tools. Manufacturers, rental companies, and maintenance providers can all be liable.
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Prolonged exposure to asbestos, silica dust, lead paint, and other hazardous materials. Repetitive motion injuries from operating heavy equipment. Long Island's older building stock increases the risk of asbestos exposure during renovation and demolition work.
LOCAL CONTEXT
Construction accidents on Long Island
Long Island's construction industry is one of the most active in the New York metro area. Residential development, commercial projects, highway work, school construction, and infrastructure upgrades keep thousands of workers on job sites across Suffolk County and Nassau County every day. The Long Island Rail Road expansion, hospital construction, and residential subdivisions in Smithtown, Brookhaven, Riverhead, and Islip create ongoing risk for workers.
New York consistently ranks among the top states for construction fatalities. Falls, struck-by incidents, and electrocutions are the leading causes. OSHA regularly cites Long Island contractors for scaffolding violations, fall protection failures, and trenching hazards. If you were injured on a Long Island construction site, you have rights beyond workers' compensation.
Common questions about construction accident claims
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Generally, workers' compensation is your exclusive remedy against your direct employer. But you can file a personal injury lawsuit against the property owner, general contractor, subcontractors, and equipment manufacturers. These third-party claims are where the significant compensation comes from.
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New York Labor Law Section 240, known as the Scaffold Law, imposes absolute liability on property owners and general contractors for gravity-related injuries to workers. If you fell from a height or were struck by a falling object, and proper safety equipment was not provided, the property owner and GC are liable regardless of your own negligence.
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Yes. Workers' compensation and a personal injury lawsuit are separate claims. Workers' comp covers your immediate medical bills and a portion of lost wages. A personal injury lawsuit can recover pain and suffering, full lost wages, and future damages. If your personal injury case succeeds, there is a workers' comp lien that must be addressed, but you keep the difference.
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3 years from the date of the accident for personal injury. If a government entity was involved (public works project, municipal building), a Notice of Claim must be filed within 90 days.
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Your employer cannot legally prevent you from filing a personal injury claim. Retaliation for filing a workers' compensation claim or a personal injury lawsuit is illegal under New York law. Document any threats and contact a lawyer immediately.
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Medical expenses, lost wages, pain and suffering, loss of earning capacity, future treatment costs, and in fatal cases, wrongful death damages. Construction injury cases often involve significant medical costs and permanent disability.
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Under Section 240, the property owner and general contractor have a duty to provide proper safety equipment. If they failed to provide it, they are liable even if you were not wearing it. Under Section 241(6), comparative negligence may apply, but your failure to wear equipment you were not provided does not bar your claim.
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Immigration status does not affect your right to file a personal injury claim in New York. You are entitled to the same legal protections and compensation as any other worker.
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Construction accident cases often result in higher settlements because injuries tend to be severe and Labor Law Section 240 imposes strict liability. Our firm has recovered $3.0 million for a worker who fell from a ladder. Every case is different, and we evaluate yours during a free consultation.
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Photos of the accident scene, incident reports, medical records, witness statements, OSHA inspection results, and your employment records. We gather all of this during our investigation. If you have photos from the scene, keep them. If not, call us fast before conditions change.
FAQ