Construction Accident Lawyer Rockville Centre, NY
If you’ve been injured on a construction site in Rockville Centre, your situation is different from a typical workplace injury. New York has some of the strongest worker protection laws in the country. The Scaffold Law and other labor statutes provide protections that go far beyond what workers’ compensation offers. These laws impose strict liability on property owners and general contractors for certain types of accidents, meaning you don’t have to prove they were negligent to recover compensation.
At Isaacson, Schiowitz & Korson, LLP, we represent construction workers hurt on job sites throughout Long Island and New York City. Our Rockville Centre, NY construction accident lawyer understands how to apply New York’s labor laws to get injured workers the compensation they deserve. We’ve handled construction accident cases for decades, and we know the tactics that defendants use to avoid liability.
Why Choose Isaacson, Schiowitz & Korson, LLP for Your Construction Accident Case in Rockville Centre, NY?
Labor Law Knowledge That Makes a Difference
Construction accident claims require an understanding of New York’s unique labor statutes. These laws impose strict liability on property owners and general contractors for certain types of accidents, but applying them correctly requires experience.
Martin Schiowitz has practiced for over 50 years. He founded this firm in 1978 and has handled labor law cases throughout his career. Construction accidents, scaffolding falls, and workplace injury claims have been core practice areas for decades. Martin is a member of the New York State Trial Lawyers Association and the New York State Academy of Trial Lawyers. He’s been peer-selected as a Super Lawyer, recognition given to the top 5% of attorneys in the field.
Jeremy Schiowitz brings over 16 years of litigation experience. He handles complex construction cases involving multiple defendants, insurance coverage disputes, and appeals. Jeremy attended Brooklyn Law School and holds licenses in New York and New Jersey. The American Institute of Personal Injury Attorneys named him one of the 10 Best Attorneys in New York, and he’s been named a Super Lawyer every year since 2014.
When you need a personal injury attorney in Rockville Centre for a construction injury, labor law knowledge matters.
A Track Record of Construction Accident Results
We’ve secured $765,000 in a construction accident case and $200,000 in another. Beyond construction-specific cases, our firm has recovered millions of dollars for injury victims across all case types. These results demonstrate we know how to litigate serious injury claims and obtain substantial compensation for our clients.
Aggressive Representation Against Well-Funded Defendants
Construction companies and their insurers fight hard against injury claims. General contractors blame subcontractors. Property owners claim they had no control over the site. Insurance companies deploy adjuster tactics designed to minimize what you receive. Everyone points fingers everywhere except at themselves.
We cut through this. Our attorneys investigate construction accidents thoroughly, identify all responsible parties, and hold them accountable. At the same time, you deal directly with lawyers who know your case, not assistants shuffling paperwork.
Contingency Fee Representation
We advance all case expenses. Our fee comes from your recovery. If we don’t win, you don’t pay attorney fees.
What Our Clients Say
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“In the beginning I dealt with a firm in Queens. It was a nightmare. In the end, when I saw that I was going nowhere with them I wanted to take my case somewhere else. And I was lucky. Although the previous lawyer provided very negative information about me and my case, Jeremy Schiowitz took his time to know me, to understand the details of my case and eventually he decided to take me as a client. And it was a blessing. He handled all the details of my case very diligently and professionally and we got to the best resolution I could hope for.” — Norbert K
Read more reviews on our Google Business Profile.
Types of Construction Accident Cases We Handle in Rockville Centre
Construction sites present numerous hazards that cause serious injuries. We represent workers injured in the following types of accidents.
- Scaffolding falls. Working at heights on scaffolds creates significant fall risks. Improperly erected scaffolds, missing guardrails, inadequate planking, and defective equipment cause workers to fall. The New York Scaffold Law provides strong protections for these injuries, imposing strict liability on property owners and general contractors regardless of worker conduct.
- Ladder accidents. Falls from ladders cause serious injuries including fractures, spinal damage, and traumatic brain injuries. Defective ladders, improper placement, failure to secure ladders, and inadequate ladder selection all create liability under New York’s labor laws.
- Falling object injuries. Tools, materials, and debris falling from heights strike workers below, causing head injuries, fractures, and sometimes death. Property owners and contractors must provide adequate overhead protection including netting, toe boards, and hard hat requirements.
- Crane accidents. Crane collapses, struck-by injuries, rigging failures, and equipment malfunctions cause catastrophic injuries and deaths on construction sites. These cases often involve multiple defendants including crane operators, rental companies, and equipment manufacturers.
- Heavy equipment accidents. Backhoes, excavators, forklifts, and other machinery injure workers through operator error, mechanical failure, inadequate training, and lack of safety protocols. Equipment manufacturers may also bear liability for defective machinery.
- Trench collapses. Excavation work requires proper shoring, sloping, and protective systems. Trench cave-ins bury workers, causing crushing injuries, suffocation, and death. These accidents are almost always preventable with proper safety measures.
- Electrocution. Contact with power lines, faulty wiring, and electrical equipment causes fatal and severe injuries on job sites. Electrical burns, cardiac arrest, and neurological damage result from workplace electrocution.
- Elevator shaft falls. Workers fall into open elevator shafts or are struck by elevator equipment during construction. Unguarded openings and inadequate warnings contribute to these accidents.
- Structural collapses. Building failures during construction cause multiple casualties and catastrophic injuries. These disasters often result from engineering failures, inadequate temporary supports, and rushing to meet deadlines.
- Burns and explosions. Gas leaks, welding accidents, chemical exposure, and hot work in confined spaces cause severe burn injuries requiring extensive medical treatment and reconstructive surgery.
If you’ve been injured in any type of construction accident, understanding who may be liable helps you evaluate your claim.
New York Construction Accident Laws
New York provides construction workers with legal protections beyond most states. Understanding these laws matters because they directly affect your ability to recover compensation.
Labor Law Section 240(1) – The Scaffold Law
This is the most powerful protection for construction workers in the United States. Labor Law Section 240(1) imposes absolute liability on property owners and general contractors when a worker is injured in an elevation-related accident due to inadequate safety devices.
Falls from scaffolds, ladders, roofs, and other heights are covered. Struck-by injuries from falling objects are also covered. Importantly, the worker’s own negligence does not defeat the claim under this statute. If the safety device was inadequate or missing, the property owner and general contractor are liable regardless of what the worker did.
This is strict liability, which differs fundamentally from ordinary negligence claims. You don’t have to prove the defendant knew about the hazard. You don’t have to prove they were careless. If you fell because of an inadequate safety device, they’re liable. Understanding how comparative negligence normally works highlights why Section 240(1) provides such powerful protection by eliminating this defense entirely.
Labor Law Section 241(6)
This statute requires property owners and contractors to provide “reasonable and adequate” safety protections on construction sites. Unlike Section 240, this section requires proving a violation of a specific Industrial Code regulation found in 12 NYCRR Part 23.
Common violations that support Section 241(6) claims include failure to provide guardrails at open edges, inadequate housekeeping creating tripping hazards, missing toe boards on scaffolds, defective or uninspected equipment, improper shoring in excavations, and failure to provide personal protective equipment.
Labor Law Section 200
This section codifies common law negligence principles for construction sites. It requires safe working conditions and proper supervision. Unlike Sections 240 and 241(6), liability under Section 200 requires proving the defendant controlled the work and knew about the dangerous condition that caused the injury.
Section 200 claims apply when the property owner or general contractor created the hazard or had actual or constructive notice of it. These claims are harder to prove than Scaffold Law claims but remain available in many construction accident cases.
Workers’ Compensation
Construction workers receive workers’ comp benefits for job injuries regardless of fault. These benefits cover medical expenses and partial lost wages but have significant limitations. Workers’ compensation does not compensate for pain and suffering, and the wage replacement is capped at a fraction of your actual earnings.
Labor Law claims are separate from workers’ compensation. You can receive workers’ comp benefits and simultaneously pursue a third-party lawsuit against property owners, general contractors, and equipment manufacturers. The two systems operate independently, and pursuing one does not prevent you from pursuing the other.
What Damages Are Recoverable in Rockville Centre Construction Accident Cases
Construction accidents often cause severe injuries with significant damages. If you’ve been hurt on a job site, you may be entitled to recover compensation in several categories.
Medical Expenses
You may recover compensation for all medical expenses related to your construction injury, including emergency room treatment, hospitalization, surgeries, rehabilitation, physical therapy, prescription medications, assistive devices, and ongoing care. Construction injuries frequently require multiple surgeries and extended rehabilitation, so future medical needs are also compensable. Understanding what happens when medical bills exceed your settlement helps you plan for comprehensive recovery.
Lost Wages and Earning Capacity
Construction workers earn good wages, and extended time off work causes substantial income loss. You may recover compensation for wages lost during your recovery period. If your injuries result in permanent disabilities that affect your ability to work in construction or other occupations, you may also recover damages for diminished future earning capacity. A 35-year-old ironworker who can never return to construction work has dramatically different damages than one who misses a few months and returns to full duty.
Pain and Suffering
You may recover compensation for physical pain and emotional distress caused by your injuries. Construction injuries often involve chronic pain, permanent limitations, scarring, and psychological impacts like depression and anxiety. These non-economic damages frequently represent the largest portion of construction accident settlements. Calculating pain and suffering value in New York involves analysis of injury severity, permanence, and impact on daily life.
Loss of Consortium
When construction injuries are severe, spouses may have separate claims for loss of companionship and relationship impacts. These claims recognize that serious injuries affect the entire family, not just the injured worker.
Wrongful Death
When construction accidents prove fatal, surviving family members may have wrongful death claims for lost financial support, lost services, and funeral expenses. The estate may also pursue survival claims for the worker’s pain and suffering before death.
Common Construction Accident Injuries
Construction sites produce serious injuries that can permanently change workers’ lives. Here’s what we frequently see in construction accident cases.
Traumatic brain injuries. Falls and struck-by accidents cause head trauma ranging from concussions to permanent brain damage. Even with hard hats, the forces involved in construction accidents can cause serious TBIs. Understanding what to expect with brain injuries helps injured workers and families navigate the recovery process.
Spinal cord injuries. Falls from heights can paralyze workers. Spinal cord damage often results in permanent disability requiring lifelong medical care and assistance with daily activities. These cases involve substantial damages reflecting the catastrophic nature of the injuries.
Fractures. Broken bones are common in falls and equipment accidents. Compound fractures require surgery and extended recovery. Multiple fractures from a single accident can keep workers off the job for months or longer. Rib fracture compensation varies based on severity and complications.
Amputations. Equipment accidents crush or sever limbs. Some amputations occur at the accident scene while others result from surgical necessity after crushing injuries. Loss of limbs permanently affects earning capacity and quality of life.
Burns. Electrical contact, explosions, and chemical exposure cause severe burns requiring skin grafts and reconstructive surgery. Burn injuries often result in permanent scarring and disfigurement.
Internal injuries. Blunt force trauma from falls and struck-by accidents causes internal bleeding and organ damage. These injuries may not be immediately apparent, which is why prompt medical attention after any construction accident is essential.
Steps to Take After a Construction Accident in Rockville Centre
What you do after a job site injury affects both your workers’ compensation benefits and your third-party legal claims.
Report the accident immediately. Notify your supervisor and employer as soon as possible after the accident. Request written documentation of the report. Delays in reporting can create problems for both workers’ comp and Labor Law claims.
Seek medical attention promptly. Even if you think you’re okay, get checked out by a medical professional. Construction injuries can be more serious than they initially appear, and internal injuries may not show symptoms immediately. Medical documentation from the day of the accident establishes the connection between the incident and your injuries.
Document everything you can. Take photos of the accident scene, equipment involved, safety conditions, and your injuries using your phone. Capture images of missing guardrails, defective equipment, or any conditions that contributed to the accident. This evidence may disappear once the work continues.
Get witness information. Other workers who saw what happened can provide crucial testimony. Get names and phone numbers of coworkers who witnessed the accident before they move to other job sites.
File for workers’ compensation. You’re entitled to workers’ comp benefits regardless of fault. Don’t delay filing, as there are deadlines that apply. Workers’ comp covers medical expenses and partial lost wages while your Labor Law claim proceeds separately.
Don’t give recorded statements to insurance adjusters. Insurance companies representing general contractors and property owners will want statements. They’re looking for information to use against you. Don’t provide recorded statements without legal advice.
Preserve your clothing and equipment. The boots you were wearing, the harness you had on, the equipment that failed—these items may be evidence. Don’t throw them away or return them without consulting an attorney.
Contact a construction accident attorney promptly. Hiring an attorney early protects your rights. Labor Law claims have complexities that regular personal injury cases don’t have. You need someone who understands these statutes and can investigate the accident scene before conditions change.
Construction Accident Statistics
Construction remains one of the most dangerous industries in the United States. The statistics reflect the serious risks workers face every day.
According to OSHA, one in five worker deaths nationally occurs in construction. The agency identifies the “Fatal Four”—falls, struck-by, electrocution, and caught-in/between—as the causes of most construction fatalities. Eliminating these four hazards would save over 500 lives annually.
The Bureau of Labor Statistics reports over 1,000 construction worker deaths annually in the United States. Falls alone account for approximately 35% of construction fatalities, making fall protection the single most important safety issue in the industry.
New York sees significant construction activity with corresponding injury rates. According to the New York State Department of Labor, construction consistently ranks among the industries with the highest workplace injury rates in the state. The combination of high-rise construction in New York City and commercial development throughout Long Island creates ongoing hazards for workers.
OSHA’s Fall Prevention Campaign emphasizes that most construction falls are preventable with proper safety equipment and procedures. When employers and property owners fail to provide adequate protections, workers pay the price with serious injuries and death.
Rockville Centre Construction Accident Lawyer FAQs
Can I sue my employer for a construction injury?
Workers’ compensation generally prevents lawsuits against your direct employer. However, you can sue property owners, general contractors, subcontractors other than your employer, equipment manufacturers, and other third parties. These third-party claims are where Labor Law protections apply.
What is the Scaffold Law?
New York Labor Law Section 240(1) imposes strict liability on property owners and general contractors for elevation-related accidents. If you fell due to an inadequate safety device, they’re liable regardless of their fault or your own negligence. It’s the strongest worker protection law in the country.
What if I was partially at fault for the accident?
Under Labor Law 240(1), your own negligence doesn’t defeat the claim or reduce your recovery. This differs dramatically from regular negligence cases where comparative fault reduces recovery. The Scaffold Law’s elimination of the comparative negligence defense makes these claims exceptionally valuable.
How long do I have to file a construction accident lawsuit?
The statute of limitations is three years for most construction accident claims. Don’t wait until the deadline approaches, as evidence disappears and witnesses become unavailable over time.
Do I still get workers’ comp if I file a lawsuit?
Yes. Workers’ compensation and Labor Law claims are completely separate. You’re entitled to workers’ comp benefits regardless of any third-party lawsuit. The workers’ comp carrier may have a lien on your third-party recovery, but this doesn’t prevent you from pursuing both.
What if I was an independent contractor?
Labor Law protections apply to workers regardless of employment classification in most circumstances. Whether you were an employee or independent contractor, you may have claims against property owners and general contractors. Your employment status doesn’t determine their liability under Sections 240 and 241(6).
Can I sue the general contractor even if they didn’t employ me?
Yes. General contractors bear statutory responsibility for site safety under New York Labor Law even if they didn’t directly employ you. This is one of the most important aspects of New York’s labor laws—the general contractor cannot escape liability by using subcontractors.
What about equipment manufacturers?
If defective equipment caused or contributed to your accident, you may have product liability claims against manufacturers, distributors, and rental companies. These claims are separate from Labor Law claims and can add additional sources of recovery.
How much is my construction accident case worth?
Case value depends on injury severity, permanent limitations, lost income, available insurance coverage, and applicable legal theories. Construction injury cases often have substantial value due to the severity of injuries involved and the strength of Labor Law protections. Looking at typical settlement amounts provides general context, though construction cases often exceed typical motor vehicle accident values.
What if OSHA cited the job site?
OSHA violations serve as evidence supporting your claim. Citations don’t automatically prove liability in a civil case, but they help establish that safety standards weren’t followed. We obtain OSHA records as part of our investigation.
Should I talk to my employer’s insurance company?
Not without an attorney. Their interests oppose yours, and statements you make can be used against you. Let us handle communications with insurance companies.
How long does a construction accident case take?
Complex construction cases can take two to three years to resolve through litigation. Cases with clear liability and cooperative defendants may settle faster. We keep clients informed throughout the process and prepare every case as if it will go to trial. Understanding what to expect during a civil case helps you prepare for the timeline.
What evidence is important in construction cases?
Photos of the accident scene, witness statements, OSHA reports, safety records, equipment maintenance logs, training records, and medical documentation all matter. We investigate thoroughly to gather evidence supporting your claim.
Will I have to go to court?
Most cases settle before trial. But construction defendants backed by insurance companies often fight hard, and we’re prepared for trial if necessary. Our attorneys have actual courtroom experience.
Do you handle cases outside Rockville Centre?
Yes. We represent construction workers throughout Nassau County, Long Island, and New York City.
Dangerous Construction Sites and Areas in Rockville Centre
Construction activity in Rockville Centre and surrounding Nassau County creates ongoing hazards for workers.
Commercial development projects along Sunrise Highway and Merrick Road involve significant construction activity. These projects include retail construction, office buildings, and mixed-use developments where workers face typical construction hazards.
Residential construction throughout the village involves renovation projects, additions, and new home construction. Even smaller residential projects present fall hazards, particularly roofing work and ladder use.
Infrastructure projects including road work, utility installation, and municipal construction expose workers to trenching hazards, traffic dangers, and underground utility contact risks.
The proximity to New York City means many Rockville Centre residents work on major construction projects in the city, where high-rise construction presents elevated fall risks and complex multi-contractor environments.
Local Resources for Rockville Centre Construction Accident Victims
Medical Services:
- Mercy Hospital, Rockville Centre, (516) 705-2525
- Nassau University Medical Center, East Meadow, (516) 572-0123
Government Resources:
- OSHA Region 2, workplace safety complaints and information
- New York State Workers’ Compensation Board, benefits information and claims
- New York State Department of Labor, workplace safety standards
- Village of Rockville Centre, (516) 678-9300
Disclaimer: These resources are provided for informational purposes only. Listing does not constitute endorsement by Isaacson, Schiowitz & Korson, LLP.
Contact Isaacson, Schiowitz & Korson, LLP
If you’ve been injured on a construction site in Rockville Centre, NY, New York’s labor laws may provide stronger protections than you realize. The Scaffold Law and other statutes impose strict liability on property owners and general contractors, meaning you can recover compensation even if you made mistakes that contributed to the accident.
Our attorneys have handled construction accident cases for over 75 years combined. We understand these laws and know how to apply them to maximize your recovery.
The consultation is free, and there is no obligation. We’ll evaluate your case, explain your legal options, and give you an honest assessment of what your claim may be worth. If you decide to move forward, we handle the case on contingency. You pay no attorney fees unless we recover compensation for you. Contact us today to discuss your construction accident claim.
