Experienced Suffolk County Construction Accident Attorneys Fighting for Maximum Compensation
- $925K Construction Accident Settlement in Suffolk County
- $75M+ Recovered for Injured Clients
- 75+ Years Combined Experience
- 450+ Five-Star Google Reviews
Construction accidents on Long Island job sites happen without warning and leave workers facing injuries that can take months or years to recover from, if they recover fully at all. New York’s Labor Laws give injured construction workers some of the strongest legal protections in the country, but those protections only work if the right claims are identified and pursued from the start.
Palermo Law represents injured construction workers throughout Suffolk County. Our lawyers handle the personal injury claims involving all types of construction accidents. With more than 25 years of experience, over $75 million recovered for injured clients, more than 450 five-star Google reviews, and 6 offices across Suffolk County, the firm has the resources and track record to handle these complex, heavily defended cases that construction accidents produce.
Why Injured Construction Workers in Suffolk County Choose Palermo Law
Construction accident cases in Suffolk County are aggressively defended by insurance companies. Property owners, general contractors, and their insurers move quickly to limit their financial exposure, and workers who do not have experienced legal representation usually recover far less than their case is worth.
Palermo Law approaches every construction accident case with three core principles in mind.
The first is maximizing your compensation. These cases involve more than workers’ compensation benefits. When liability exists under New York Labor Law 240, 241(6), or 200, the recovery potential increases significantly. Every case is evaluated for all available compensation from the start, so nothing is left on the table.
The second is reducing your stress. Construction injuries are serious. Recoveries can be challenging. Clients are dealing with medical treatment, lost income, pain, and uncertainty about the future.
We’ll handle the rest
Palermo Law handles the legal process entirely so you can focus all of your energy on your recovery.
The third is resolving cases as quickly as possible without sacrificing quality. Speed without preparation produces weak settlements. Every case is built as if it is going to trial from the start, which puts real pressure on the defense and consistently produces better settlements and usually in less time.
How New York Labor Law Protects Injured Construction Workers in Suffolk County
New York has some of the strongest worker protection laws in the country. For construction workers injured on job sites across Suffolk County, three specific statutes create legal rights that go well past what workers’ compensation alone provides.
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240
The Scaffold Law
Labor Law 240 Labor Law 240 applies to elevation-related accidents including falls from scaffolds, ladders, and roofs, as well as injuries caused by falling objects. What makes it powerful is the absolute liability it imposes. When a property owner or general contractor fails to provide proper safety devices and a worker is injured as a result, liability is imposed regardless of any other contributing factors. This is one of the most protective worker safety statutes in the country.
Absolute Liability
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241(6)
Safety Regulation Violations
Labor Law 241(6) Labor Law 241(6) applies when specific provisions of the New York Industrial Code are violated on a construction site. It covers a broad range of accidents beyond elevation risks, including injuries from unsafe equipment, slippery surfaces, and improper excavation conditions. When a code violation caused or contributed to the injury, property owners and contractors can be held liable.
Code Violations
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200
General Workplace Safety
Labor Law 200 Labor Law 200 creates a general duty to maintain a safe workplace. It applies when a dangerous condition on the premises caused the injury, or when the manner in which work was supervised created the hazard. These cases require proof that the responsible party had notice or control, but remain a viable path to recovery in many Suffolk County construction accident claims.
Premises Duty
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What This Means for You
These statutes place non-delegable duties on property owners and general contractors. They cannot point to a subcontractor to escape liability. When the facts are properly developed, injured construction workers in Suffolk County have a powerful legal foundation for full compensation — not just workers’ comp limits.
The Homeowner Exemption in Suffolk County Residential Construction
There is one major exception to the Labor Law, and in Suffolk County it comes up constantly.
Labor Law 240 and 241 do not apply to owners of one- and two-family homes who do not direct or control the work. The Legislature wrote that exemption to protect ordinary homeowners, and the defense raises it in almost every residential case. That matters here more than almost anywhere, because so much of Suffolk’s construction is residential. Custom homes on the East End. Renovations and additions across the western towns. New houses going up in subdivisions from Huntington to Riverhead.
The exemption is narrower than contractors and their insurers make it sound. Courts read “direct or control” to mean supervising how the work itself is performed. A homeowner who chooses the finishes, visits the site, and pays the bills is not directing or controlling anything. One who runs the job like a general contractor is. The exemption also fails when the property is held for commercial purposes, such as a house built to sell or rent, and it never applies to a building that is not actually a one- or two-family dwelling.
Most importantly, the exemption protects the homeowner only. The general contractor and the subcontractors on a residential job remain fully liable under the Labor Law, and Labor Law 200 and ordinary negligence claims survive even where the exemption applies. A case does not end because the job site was a house. It just has to be aimed at the right defendants.
Whether the Labor Law applies at all is where Suffolk residential cases are won and lost. Our $925,000 recovery came out of exactly that fight: the defense argued the work was landscaping rather than construction, and we built the expert record proving otherwise.
Workers’ Compensation vs. Personal Injury Claims for Suffolk County Construction Workers
Most construction workers in Suffolk County know they have workers’ compensation benefits if they are hurt on the job. What many do not realize is that workers’ comp is not the only claim available to them, and in many cases, it is a personal injury claim against the owner and construction general contractor where the real compensation comes from.
Workers’ compensation only covers medical treatment and a portion of lost wages. It does not cover pain and suffering. It does not cover the full value of what you have lost. The system was designed to be quick and limited, and insurance carriers use it to close cases for as little as possible.
When a third party is responsible for the accident, a separate personal injury claim can be brought along with the workers’ comp claim. In construction cases, that third party is often a property owner or general contractor. A personal injury claim opens the door to compensation that workers’ comp simply does not provide, including full lost wages, pain and suffering, future medical care, and the long-term impact the injury has on your life and ability to work.
These are two separate claims that run at the same time. One does not affect the other. Workers who settle only on the workers’ comp side, or who are not told a third-party claim exists, frequently leave the largest portion of their recovery on the table.
Liability in construction cases rarely sits with just one party. A single job site can involve the property owner, the general contractor, and multiple subcontractors. Each has its own insurance policy, its own attorney, and its own interest in shifting responsibility to someone else. Identifying all liable parties, analyzing each insurance policy, and reviewing the contracts and permits that oversee the work is essential to building a complete case and to making sure the full value of the claim is recovered from every available source.
Case Result
$925,000 for a Construction Worker the Defense Said Wasn’t Covered
Our client was injured trimming trees from a bucket lift on a Suffolk County residential development. The defense argued it was landscaping, not construction, so the Labor Law didn’t apply. We built an expert record proving the work was part of an active construction project — and the case settled for $925,000 before the court ruled.
What to Do After a Construction Accident in Suffolk County
A construction accident happens fast. What happens in the days that follow can make or break your personal injury case. The steps taken immediately after an injury directly affect both the medical outcome and the strength of any legal claim.
| 1 | Report the accident immediately to a supervisor or employer.
A formal report creates an official record that the accident occurred at work, on that date, under those conditions. Without it, employers and insurers will later find ways to dispute when and how the injury happened. This is especially true on construction sites with many contractors coming and going from the site. |
| 2 | Seek medical attention as soon as possible.
Even injuries that do not feel serious at first can involve fractures, internal trauma, or head injuries that worsen without treatment. A documented medical visit from the date of the accident is one of the most important pieces of evidence in any construction accident case. |
| 3 | Document the scene, equipment, and conditions if possible.
Photograph the area where the accident occurred, the equipment involved, any missing or defective safety devices, and the surrounding conditions. Construction sites change quickly, and evidence that exists today may be gone by tomorrow. |
| 4 | Identify any witnesses who saw the accident.
Co-workers and bystanders who saw what happened can provide critical evidence for the claim. Get names and contact information before leaving the site, as witnesses can be difficult to locate later. |
| 5 | Avoid giving detailed statements to insurance companies without legal guidance.
Insurance carriers for employers, property owners, and contractors will begin gathering information immediately. They will also try to contact you. Anything said without counsel can be used to limit or deny the claim. |
Construction sites are actively managed. Equipment gets moved, scaffolding comes down, and conditions are altered as work continues. Early action to preserve evidence is not optional, it is often the difference between a provable case and one that cannot be fully supported.
Deadlines That Apply to Suffolk County Construction Accident Claims
Construction accident claims in New York involve multiple deadlines that apply at the same time. Under CPLR § 214, a personal injury lawsuit must be filed within three years of the accident date. Workers’ compensation claims carry separate and shorter deadlines. If the accident occurred on a publicly owned job site or involved a municipal entity, a Notice of Claim must be filed within 90 days. Missing any of these deadlines can permanently bar recovery, making early legal consultation essential.
Why Suffolk County Construction Workers Need a Personal Injury Lawyer
Construction accident cases are not like other personal injury cases. They involve a web of overlapping liability, multiple insurance policies, and parties who are all motivated to minimize what they pay. Workers who try to navigate this alone, or who rely only on workers’ compensation, almost always recover less than they are entitled to.
Workers’ compensation was not designed to make injured workers whole. It covers medical treatment and a portion of lost wages, but it does not cover pain and suffering, and it does not account for the full long-term impact of a serious injury. For a worker who suffers a spinal injury, a traumatic brain injury, or a permanent disability, the gap between what workers’ comp pays and what the injury is actually worth can be substantial.
New York’s Labor Laws are powerful, but they are also complicated. Understanding which statute applies, what the specific code violations were, and how to build the complete record of evidence requires experience in this area of law. The same statutes that heavily favor injured construction workers also create an aggressive defense strategy from contractors and property owners who know exactly what is at stake.
And the stakes are significant. A serious construction accident can end a career, require decades of medical care, and affect every aspect of a worker’s life. The defendants in these cases know this. Property owners, general contractors, and their insurers retain experienced defense counsel immediately and begin building their case from day one. They don’t care about your losses. They are merely concerned about there bottom line.
Notable Construction Accident Case Results
$1.7
million
For a client who was injured from a construction accident
$975
thousand
for client injured in a construction site accident
$925
thousand
for a client injured in a construction site accident
$625
thousand
for a fractured leg from a construction accident
$612
thousand
for a client injured in a car accident caused by a construction zone flagman
$500
thousand
for a client injured from failed scaffolding
$440
thousand
for a construction worker who fell from a ladder
Contact a Suffolk County Construction Accident Lawyer
Construction accidents can leave workers facing serious injuries, lost income, and uncertainty about their future. Contact us to get clear guidance early which can make a meaningful difference in how the case eventually resolves and what compensation is ultimately recovered.
Palermo Law represents injured construction workers throughout Suffolk County with a focus on trial preparation, communication, and results. Every case is handled with the expectation that it may need to be proven in court, not just negotiated. That gives us the leverage we need to obtain the maximum compensation your entitled to.
With offices across Suffolk County, help is always close to home:
- East Hampton – serving Montauk, Amagansett, Springs, and Wainscott
- Riverhead – serving Calverton, Aquebogue, Jamesport, and Southold
- Patchogue – serving Medford, Blue Point, Bellport, and Sayville
- Hauppauge – serving Smithtown, Islip, Nesconset, and Central Islip
- Babylon – serving West Babylon, Lindenhurst, Deer Park, and North Babylon
- Huntington – serving Melville, Dix Hills, Commack, and Cold Spring Harbor
Consultations are free, and there is no fee unless compensation is recovered.
A Palermo Law Construction Accident Client
“…they know what they're doing…”
We hired Steven Palermo when my husband was badly injured in a construction accident. I was referred to him by another attorney, and I'm glad I found him and his firm because they know what they're doing. The staff was really nice. I feel like I got to know them well over the course of our case. I still call them from time to time with legal issues and they're always happy to help. I have recommended this firm to other members of my family.
Suffolk Construction Accident FAQs
I was hurt working on a house. Does the Labor Law still protect me?
Usually, yes. Owners of one- and two-family homes who do not direct or control the work are exempt from Labor Law 240 and 241, but the exemption protects the homeowner only. The general contractor and subcontractors on a residential job remain fully liable, and the exemption fails entirely when the owner supervised the work or holds the property for commercial purposes. With as much residential construction as Suffolk County has, this is the first fight in many of our cases, and it is a fight about who to sue, not whether you have a case.
Can I sue my employer for a construction accident in New York?
Generally, no. Workers' compensation is the exclusive remedy against your direct employer. But that does not bar claims against anyone else. Property owners, general contractors, and subcontractors who controlled the site or violated the Labor Law can be held liable in a separate personal injury lawsuit, and that claim is often worth far more than the workers' comp case.
I was hurt on a public job site in Suffolk County. What changes?
The deadline. A claim against Suffolk County, a town, a school district, or another public entity generally requires a Notice of Claim within 90 days of the accident. County roadwork, municipal buildings, and school construction and renovation projects all fall into this category. The 90 days runs while you are still in treatment, and missing it can bar the claim no matter how strong the Labor Law case is.
What does absolute liability under Labor Law 240 mean for my case?
It means that when proper safety devices were not provided for elevation-related work and a worker was injured as a result, the owner and general contractor are liable, and your own comparative fault is not a defense. The insurance company cannot reduce the recovery by arguing you were careless. The one defense that survives is proving the worker was the sole cause of the accident by refusing adequate safety equipment that was provided and available, which is a narrow argument and one we see insurers stretch far past what the law allows.
Can undocumented workers file a construction accident claim in New York?
Yes. Immigration status does not affect the right to bring a construction accident claim under New York Labor Law. The protections of Labor Law 240, 241(6), and 200 apply to all workers on a covered job site regardless of documentation, and undocumented workers are entitled to the same legal remedies as any other injured construction worker in New York.
I was paid off the books. Do I still have a case?
Yes. Being paid in cash does not take away your rights. Your Labor Law claim runs against the property owner and general contractor, and it does not depend on how your employer paid you or whether your employer carried insurance. Workers' compensation benefits are also still available, even when an employer failed to carry coverage. Off-the-books arrangements are common on Suffolk residential jobs, and we handle these cases regularly.
Where will my Suffolk County construction accident lawsuit be filed?
In Riverhead. Suffolk County Supreme Court hears civil personal injury cases at 1 Court Street, and that is where your Labor Law claims against the owner and contractors get filed. The workers' compensation claim runs separately through the Workers' Compensation Board. The two proceed at the same time, and one does not reduce the other.
What compensation can I recover beyond workers' comp?
A third-party construction accident claim can include full lost wages, pain and suffering, future medical expenses, loss of earning capacity, and the long-term impact on your quality of life. Workers' compensation covers none of the pain and suffering and only a portion of the wages, which is why the third-party claim is usually the largest part of the recovery.
How much does it cost to hire a construction accident lawyer in Suffolk County?
Palermo Law handles construction accident cases on a contingency fee basis. The initial consultation is free and there is no fee unless compensation is recovered. Case expenses are handled separately from the fee, and we explain how those work before you sign anything.

