Long Island Construction Accident Lawyer

Construction Accident Lawyer Long Island, NY

If you were injured on a construction site on Long Island, you need to know something right away: New York gives construction workers stronger legal protections than almost any other state. The laws are on your side. But the insurance companies and property owners who face liability under those laws will do everything they can to avoid paying what you’re owed.

Isaacson, Schiowitz & Korson, LLP has more than 75 years of combined experience representing injured workers and accident victims in New York. Our attorneys understand New York’s Labor Law inside and out, and we use it aggressively to hold property owners, general contractors, and subcontractors accountable. Every construction accident case we take is on contingency. You pay nothing unless we recover money for you. If you need a construction accident lawyer Long Island, NY workers trust to fight for them, contact us for a free consultation.

Why Choose Isaacson, Schiowitz & Korson for Construction Accident Cases in Long Island, NY?

Attorneys Who Understand New York’s Construction Laws

Construction accident cases in New York aren’t like other personal injury claims. They involve statutes that impose strict and even absolute liability on property owners and contractors. Handling these cases well requires attorneys who know those laws and know how defense firms try to work around them.

Founding Partner Martin Schiowitz has litigated construction site injury and labor law cases for more than 50 years. He co-founded this firm in 1978 and has tried claims in courtrooms across Nassau and Suffolk Counties. Martin earned his J.D. from New York Law School and is a peer-selected Super Lawyer, an honor reserved for the top 5% of attorneys. He is a member of both the NYSTLA and the New York State Academy of Trial Lawyers, and has secured multimillion-dollar verdicts for negligence victims throughout his career.

Partner Jeremy Schiowitz has over 16 years of experience in personal injury and construction accident litigation. Licensed in New York and New Jersey, he graduated from Brooklyn Law School in 2003 and has been named a Super Lawyer every year from 2014 through 2025. Jeremy was also named one of the 10 Best Attorneys in New York by the American Institute of Personal Injury Attorneys and selected for the Top One Percent by the NADC. His prior work on the defense side means he understands exactly how insurance companies and property owners defend against Labor Law claims.

Our Long Island injury attorneys are ready to review your construction accident case at no cost.

A Record of Holding Property Owners Accountable

Across all practice areas, our firm has recovered millions of dollars for clients, with total recoveries exceeding $200 million. Construction accident cases are among the most significant claims we handle because the injuries tend to be catastrophic and the liability is often clear under New York law. We have the resources to retain engineers, safety consultants, and medical professionals to build the strongest possible case.

No Fees Unless We Win Your Case

We handle construction accident cases on a contingency basis. No retainer. No hourly rate. You pay us nothing at all unless we recover compensation for you. Construction workers shouldn’t have to choose between affording a lawyer and affording their medical bills. That’s why we structured our practice this way.

What Our Clients Say

★★★★★

“Wonderful experience, Jeremy Schiowitz is extremely knowledgeable, professional, responsive & available at any time. Right from day one, Jeremy was helpful and addressed all my questions and concerns; I felt at ease and he gave me confidence and belief that I deserved nothing but the best and he delivered!” — Elizabeth Real

Read more reviews on our Google Business Profile.

Types of Construction Accident Cases We Handle in Long Island

Construction sites are some of the most dangerous workplaces in New York. The hazards are everywhere: at elevation, underground, around heavy equipment, and in the materials workers handle daily. Our Long Island construction accident lawyers handle claims involving all types of jobsite injuries, including:

• Scaffold collapses and falls. Scaffolding accidents are among the most common and most serious construction injuries. When scaffolding is improperly erected, overloaded, or missing guardrails, the consequences are often catastrophic. New York’s Scaffold Law provides powerful protections for workers hurt in these incidents.
• Ladder falls. Defective ladders, improperly secured ladders, and the failure to provide an appropriate ladder for the task are frequent causes of fall injuries on Long Island construction sites. Labor Law § 240 applies to these claims.
• Falls from roofs and elevated surfaces. Roofers, ironworkers, and other tradespeople who work at height are at constant risk. When property owners or contractors fail to provide adequate fall protection, guardrails, harnesses, or safety nets, they are liable under New York law. These incidents often result in the same catastrophic injuries we see in slip and fall cases, but with much stronger statutory protections for the worker.
• Crane and heavy equipment accidents. Crane collapses, equipment malfunctions, and collisions with heavy machinery on active construction sites can cause devastating injuries. We investigate the equipment maintenance records, operator training, and site management to determine liability.
• Falling object injuries. Tools, building materials, and debris that fall from elevated work areas strike workers below with tremendous force. Construction site injuries caused by falling objects are covered under both Labor Law § 240 and § 241.
• Trench and excavation collapses. Unshored trenches are one of the deadliest hazards in construction. A cave-in can bury a worker in seconds. Federal OSHA trenching standards require protective systems for trenches deeper than five feet, and violations are common.
• Electrocution and electrical burns. Contact with live wires, ungrounded equipment, and exposed electrical systems causes serious burn injuries and fatalities on construction sites. These cases often involve multiple liable parties, including the utility company and the electrical subcontractor.
• Struck-by accidents. Workers struck by vehicles, swinging loads, or moving equipment on active jobsites suffer injuries that range from broken bones to fatal trauma. OSHA identifies “struck-by” incidents as one of the construction industry’s “Fatal Four” hazard categories.
• Repetitive stress and toxic exposure. Not all construction injuries happen in a single moment. Workers exposed to asbestos, silica dust, lead, and other hazardous materials, or those who develop musculoskeletal injuries from repetitive tasks, may have valid claims.

New York Legal Requirements for Construction Accident Cases

New York’s construction safety laws are unlike any other state’s. They provide injured workers with legal advantages that don’t exist elsewhere, but only if your attorney knows how to use them.

Labor Law § 240, known as the Scaffold Law, imposes absolute liability on property owners and general contractors when a worker is injured in an elevation-related accident. This includes falls from scaffolds, ladders, roofs, and other elevated surfaces, as well as injuries caused by falling objects. Under § 240, contributory negligence is not a defense. If the property owner or contractor failed to provide proper safety devices, they’re liable. Period. New York is the only state in the country with this law, and it is one of the strongest protections available to construction workers anywhere.

Labor Law § 241(6) requires property owners and contractors to comply with specific safety rules set out in the New York Industrial Code. Unlike § 240, a § 241(6) claim requires the injured worker to identify a specific code provision that was violated. But when a violation is established, the property owner’s liability is essentially automatic. These claims cover a wide range of jobsite conditions, including floor openings, inadequate lighting, unsafe scaffolding, missing guardrails, and improper material storage.

Labor Law § 200 is New York’s general duty clause. It requires employers and property owners to provide a reasonably safe workplace. Unlike §§ 240 and 241, a § 200 claim requires proof that the owner or contractor had notice of the dangerous condition or actually controlled the manner and method of the work. Many construction accident cases involve claims under all three sections simultaneously.

The statute of limitations for a construction accident lawsuit is three years from the date of the injury under CPLR § 214. For claims against government entities or public construction projects, a notice of claim must be filed within 90 days.

What Damages Are Recoverable in Long Island Construction Accident Cases?

Construction accident injuries tend to be severe. The damages available in a successful claim reflect that severity.

Economic damages include all medical expenses from the date of the accident through the projected cost of future care. For construction workers with spinal cord injuries, traumatic brain injuries, or amputations, future medical costs can run into the millions. Lost wages are calculated based on what the worker was earning at the time of the accident and what they could have expected to earn over the remainder of their career. If you can’t return to construction work, vocational and economic analysts can calculate the difference between your previous earning capacity and what you’re able to earn now.

Non-economic damages compensate for physical pain and suffering, emotional distress, loss of enjoyment of life, and the limitations your injuries impose on daily activities. A worker who can no longer play with his kids, sleep through the night, or do the physical work he trained for has sustained real, compensable losses.

In some construction accident cases, punitive damages may be available if the defendant’s conduct was willfully reckless or showed a conscious disregard for worker safety. A contractor who repeatedly ignores OSHA citations and sends workers into known hazards, for example, may face punitive exposure.

An important distinction: workers’ compensation benefits are separate from a construction accident lawsuit. Workers’ comp covers a portion of medical bills and lost wages regardless of fault, but it doesn’t compensate for pain and suffering. A third-party lawsuit against a property owner, general contractor, or equipment manufacturer can provide full damages beyond what workers’ comp offers. In many cases, injured workers are entitled to both.

What Steps Should I Take After a Construction Accident on Long Island?

The steps you take after a construction site injury can protect both your workers’ compensation claim and any third-party lawsuit you may pursue. Our construction accident lawyers in Long Island recommend the following:

1. Get medical attention immediately. Your health comes first. If you’re seriously hurt, call 911 or have someone on the jobsite call for you. Even if the injury seems manageable, go to a doctor the same day.
2. Report the accident to your employer. New York law requires you to notify your employer of a workplace injury. Do it in writing if possible and keep a copy.
3. Document the accident scene. Photograph the area where you were hurt, the equipment involved, any hazards or safety violations, and your injuries. If there were missing guardrails, defective scaffolding, or an unshored trench, photograph those conditions before they’re corrected.
4. Identify witnesses. Get names and numbers from coworkers or anyone else who saw what happened. Their accounts may be critical later.
5. Do not sign anything from your employer’s insurer. The workers’ comp carrier may ask you to sign releases or give statements. Be careful. Some of those documents can affect your rights in a third-party claim.
6. Keep your medical records organized. Save every record from every provider, from the initial ER visit through physical therapy and follow-up appointments.
7. File a workers’ compensation claim. You have 30 days to notify your employer and two years to file a formal claim with the NY Workers’ Compensation Board. Don’t let these deadlines pass.
8. Preserve your work boots and clothing. What you were wearing at the time of the accident may become evidence in your case.
9. Note any OSHA violations. If you’re aware of safety violations on the site, write them down. Prior OSHA citations against the contractor or property owner can strengthen your case significantly.
10. Contact a construction accident attorney. A Long Island construction accident lawyer can begin investigating while evidence is fresh, send preservation letters to prevent the destruction of documents and equipment, and identify every potentially liable party.

Construction Accident Statistics on Long Island

Construction is one of the most dangerous industries in the United States, and the numbers in New York are particularly concerning. According to the Bureau of Labor Statistics, there were 1,075 construction worker deaths nationwide in 2023, accounting for 20% of all workplace fatalities despite construction workers making up only about 4.6% of the workforce.

In New York State, construction fatalities jumped from 50 in 2022 to 74 in 2023, the highest total in a decade. New York City alone recorded 30 construction worker deaths that year. The statewide fatality rate for construction workers in 2023 was 10.4 per 100,000 full-time equivalent workers, higher than the national construction fatality rate of 9.6.

OSHA identifies the “Fatal Four” hazards that account for the majority of construction worker deaths: falls, struck-by incidents, electrocutions, and caught-in/between accidents. Falls alone caused 389 construction worker fatalities in 2024 nationwide. The majority of fatal construction falls occur from heights between 6 and 30 feet, and portable ladders are the leading source. Fall protection violations remain the most frequently cited OSHA standard year after year.

On Long Island, residential and commercial development creates a steady volume of construction activity in both Nassau and Suffolk Counties. The combination of ongoing infrastructure projects, residential construction, and commercial building means construction workers face these hazards daily. The CDC’s NIOSH division continues to identify construction as one of the highest-risk occupations for fatal and nonfatal injuries nationwide.

Long Island Construction Accident Lawyer FAQs

What is Labor Law § 240 and how does it help me?

It’s New York’s Scaffold Law. It imposes absolute liability on property owners and general contractors for gravity-related injuries at construction sites. If you fell from a height or were hit by a falling object because adequate safety devices weren’t provided, the owner is liable regardless of whether you were partially at fault.

Can my employer be sued for my construction accident?

Generally, no. Workers’ compensation is the exclusive remedy against your direct employer. However, you can sue the property owner, general contractor, subcontractors, and equipment manufacturers in a third-party lawsuit. These third-party claims are where the significant damages are recovered.

What’s the difference between workers’ comp and a construction accident lawsuit?

Workers’ comp covers a percentage of lost wages and medical expenses regardless of fault. A lawsuit against a third party can recover full lost wages, all medical costs, pain and suffering, and potentially punitive damages. Many injured construction workers pursue both.

How much does a construction accident lawyer cost?

Nothing upfront. We work on contingency. Our fee is a percentage of the recovery. If we don’t win, you don’t pay.

How long do I have to file a construction accident lawsuit?

Three years from the date of the accident under New York law. Workers’ comp has different deadlines: 30 days to notify your employer and two years to file a claim with the Workers’ Compensation Board.

What if I wasn’t wearing my hardhat or safety harness?

Under Labor Law § 240, contributory negligence is not a defense. If the property owner or contractor failed to provide proper safety devices, they’re liable even if you weren’t using the equipment that was available. This is one of the strongest aspects of New York construction law.

Can undocumented workers file construction accident claims?

Yes. Immigration status does not affect your right to file a workers’ compensation claim or a third-party lawsuit in New York. Construction accident protections under the Labor Law apply to all workers on the site.

What if OSHA cited the contractor before my accident?

Prior OSHA violations can be powerful evidence of a pattern of negligence. They demonstrate that the contractor knew about safety deficiencies and failed to correct them.

What injuries are most common in construction accidents?

Spinal cord injuries, traumatic brain injuries, fractures, crush injuries, amputations, burns, and internal organ damage. Many construction injuries result in permanent disability or the inability to return to physical labor.

Who can be held liable in a construction accident case?

the property owner, general contractor, subcontractors, equipment manufacturers, and sometimes architects or engineers. New York’s construction safety laws cast a wide net of liability, and we investigate every potentially responsible party.

What is Carlos’ Law?

Carlos’ Law, enacted in 2023, increased criminal fines on corporations found guilty of causing worker fatalities to up to $500,000. It also expanded criminal penalties for companies that knowingly create dangerous workplace conditions. While it’s a criminal statute, it reflects the state’s focus on holding negligent contractors accountable.

Can I sue if I fell from a ladder on a construction site?

Yes. Falls from ladders are covered under Labor Law § 240. If the ladder was defective, improperly placed, or the wrong type for the task, the property owner and contractor are strictly liable.

What if I was injured in a trench collapse?

Trench collapses are among the deadliest construction accidents. OSHA requires protective systems for any trench deeper than five feet. If the contractor failed to shore, slope, or shield the trench, they violated federal safety standards and may be liable for your injuries.

Do I need a lawyer for a construction injury?

Construction accident cases involve overlapping workers’ comp claims, third-party lawsuits, multiple liable parties, and complex statutory requirements. Having an experienced construction accident attorney on Long Island, NY who understands NY construction law makes a meaningful difference in the outcome.

How long does a construction accident case take?

Straightforward cases with clear Labor Law § 240 liability can sometimes resolve within a year. More complex cases involving disputed facts, multiple defendants, or severe injuries requiring long-term treatment can take two to four years.

What Are Important Local Resources for Long Island Construction Accidents?

The following local and government resources may be useful if you’ve been injured on a construction site on Long Island. Inclusion does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.

• OSHA — Report unsafe working conditions or file a complaint: 1-800-321-OSHA (6742)
• NY Workers’ Compensation Board — File or check the status of a workers’ comp claim: (877) 632-4996
• Nassau County Police Department — (516) 573-7000
• Suffolk County Police Department — (631) 852-6000
• NYU Langone Hospital–Long Island (Level 1 Trauma Center, Mineola) — (516) 663-0333
• Stony Brook University Hospital (Level 1 Trauma Center, Stony Brook) — (631) 444-4000
• New York State Courts — Information on Nassau and Suffolk County Supreme Courts

Contact Isaacson, Schiowitz & Korson

If you’ve been injured on a construction site on Long Island, you deserve attorneys who know New York’s construction safety laws and have the resources to take on property owners, contractors, and their insurance companies. Our construction accident lawyers offer free consultations, charge no fee unless we win, and respond to every client promptly. Contact us today to discuss your case.