Work and construction injuries · Nassau and Suffolk
Long Island Construction Accident & Work Injury Lawyers
On Long Island, two questions come first: which county, and who runs the job. A claim against the railroad, the State or a town has different first steps from a claim against a private owner.
Over 40 years of experience, from our Uniondale main office. Free consultation; no fee unless there is a recovery.
Start here
Which county, and which owner?
The Long Island Rail Road is a subsidiary of the MTA. A nonemployee's injury claim against it does not need a GML 50-e notice of claim, but other rules still apply. A claim against the State itself goes to the Court of Claims, and a claim against a town or village usually starts with a notice; contractors working on those jobs are separate defendants.
These rows are for injury claims against the public body itself. A contractor working on a public job is a separate defendant, sued like a private party. Death claims, and the injured person's own claim continued after death (a survival claim), follow separate rules for each body.
Railroad workers. If you work for a railroad such as the LIRR, a federal law, FELA, lets railroad employees sue the railroad for injuries caused in whole or in part by its negligence (45 U.S.C. 51), with a three-year limit (45 U.S.C. 56); the New York rules and time limits in this table are not the measure for that claim. We check which law applies.
Hurt on a house job, or working for a Nassau town or village? Our Nassau County work accidents page covers the homeowner exception and Nassau's public owners. Working in the city? See Queens or Staten Island work accidents.
The Labor Law in brief
When an owner or contractor is responsible
- Labor Law 240(1)
- Falls from height and falling objects during erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure. A violation must cause the injury; with no violation and the worker's own conduct the sole proximate cause, there is no liability (Blake). Owners of one- and two-family homes who contract for but do not direct or control the work may be exempt (text); the exemption turns on the property's use and the work's purpose, not only its structure (Bartoo).
- Labor Law 241(6)
- Construction, excavation and demolition. The claim needs a specific State Industrial Code rule that was violated and caused the injury, not a general safety standard (Ross).
- Labor Law 200
- The general duty of care. For how the work was done, it reaches whoever had authority to control those methods; for a dangerous site condition, an owner or contractor that created it or had actual or constructive notice of it (text).
The full explanation is on our construction accidents page; scaffold and ladder falls on scaffolding injuries. Looking for the nearest office? See construction accident lawyer near me.
Compensation and the lawsuit
How the two claims fit together
- Your employer
- Compensation is generally your only remedy against your own employer and a co-worker (WCL 11, WCL 29(6)). The exception: an employer that failed to carry compensation coverage can be sued, so we check.
- Everyone else
- You can collect compensation and also sue a party that is not your employer if it is legally responsible: through negligence, a Labor Law violation or a defective product. Notice of the lawsuit goes to the carrier within 30 days.
- The lien
- The compensation carrier usually has a lien on part of the recovery, after the costs of getting it. Statutory exceptions apply, for example no lien on certain motor-vehicle recoveries for benefits paid in place of no-fault benefits (WCL 29(1-a)). Future benefits can generally be credited against your net recovery.
- Settling
- A settlement for less than the compensation provided needs the carrier's written consent or a court order (WCL 29(5)). We seek one or the other before any settlement.
- Grave injury and indemnity
- A company you sue can seek common-law contribution or indemnity from your employer only if you suffered a grave injury. Separately, it may enforce a written indemnity agreement made before the accident in which your employer expressly agreed to indemnify it. Both are claims between the companies. Neither lets you sue your employer.
Shared fault. Generally, your own share of fault reduces the damages in proportion but does not bar the claim (CPLR 1411).
One exception: in a personal-injury action subject to Insurance Law article 51 (New York's no-fault law) that is commenced on or after May 26, 2026, recovery is barred if the claimant's culpable conduct is greater than that of the defendant, or greater than the combined culpable conduct of the defendants (DFS Circular Letter No. 3 (2026)). See our car accident page for details.
Our work is the injury lawsuit against people and companies other than your employer, on a contingency fee: no fee unless there is a recovery. At the consultation we explain how it fits with your compensation claim, where representation is optional and fees are set by the Board (WCB).
More on the two tracks: our work accidents guide. Not a work injury? See Long Island personal injury.
After the injury
Care, notice and trauma centers
- Care first. Tell every doctor the injury happened at work.
- Written notice. To your employer within 30 days (WCL 18).
- County and owner. Where exactly, and who runs the job: homeowner, developer, railroad, State or town.
- Statements. Talk to us before speaking to another company's insurer.
Where the case is heard. Nassau cases in Mineola; Suffolk civil cases in Riverhead (courts). The county is generally where a party lived when the case started or where a substantial part of the events happened (CPLR 503).
- Stony Brook University Medical CenterLevel I
- Good Samaritan Hospital (West Islip)Level I
- South Shore University Hospital (Bay Shore)Level I
- NYU Langone Hospital–SuffolkLevel II
Adult trauma designations from the New York State Department of Health. Listed for orientation, not as a recommendation or ranking; in an emergency, call 911.
Published results
Construction and work injury results
Quoted exactly as recorded. These are firm-wide results from work injuries; none names a county or the law the claim was brought under, and they are not predictions. Over 40 years, the firm has recovered more than $100 million for clients.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
See the full verdicts and settlements archive$8,000,000
$8 Million Dollar Settlement — 2nd Department
Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation.
$1,157,000
$1,157,000 Award
Plaintiff injured at worksite sustaining traumatic tear of the left biceps tendon with tendon retraction which required surgery.
$750,000
$750,000 Settlement
Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.
Hurt on railroad or highway work?
Call us early. The railroad, the State and local governments each have their own first step.
Questions
Frequently Asked Questions About Long Island Work Accidents
If you are an eligible employee, workers' compensation covers medical care and part of your lost wages, whoever was at fault, and you generally cannot sue your own employer. Anywhere on Long Island, you may also sue an owner, contractor, the railroad or another company that is legally responsible. The compensation carrier usually has a lien on part of any recovery, subject to statutory exceptions. Retaliation for a compensation claim is unlawful; complaints go to the Board within two years.
We do not rank job types or towns; we have no reliable public data for that here. Construction injuries typically involve falls from ladders, roofs and scaffolds, falling material, trenches, machinery and work-zone traffic. On Long Island, house jobs, railroad work and State highway projects each bring different owners and rules, so who owns the job is the first question.
Yes, but usually not your employer. You can keep collecting compensation and sue an owner, general contractor, another subcontractor, an equipment maker or a driver who is legally responsible. Notice of the lawsuit goes to the carrier. The carrier usually has a lien on part of the recovery, subject to statutory exceptions, including one for certain motor-vehicle recoveries, and a settlement below the compensation provided needs its written consent or a court order.
Labor Law 240(1) requires owners, contractors and their agents to provide proper protection against falls and falling objects during building, demolition, repair, alteration, painting, cleaning or pointing. If a missing or inadequate device caused the injury, your own carelessness is not a defense; with no violation and your own conduct the sole proximate cause, there is no claim. Owners of one- and two-family homes who contract for but do not direct or control the work may be exempt, depending on the property’s use.
We do not publish ranges. Value depends on the injury and its permanence, lost earnings, medical needs, the proof of responsibility, any compensation lien and the insurance available. A successful lawsuit can recover pain and suffering and lost earnings that compensation does not pay. The firm-wide results on this page are shown exactly as recorded; none names a county, and they are not predictions.
Get medical care and tell the doctor it happened at work. Give your employer written notice within 30 days. Note the county, the exact location and who runs the job, whether a homeowner, a developer, the railroad, the State or a town. Photograph the hazard. Do not give a recorded statement to another company’s insurer before talking to us. Public-owner deadlines can be short.
Yes. The Workers' Compensation Board says benefits are available regardless of citizenship or immigration status. In Labor Law cases, the Court of Appeals held that federal immigration law does not bar a lost-wage claim, absent proof that the worker gave false work-authorization documents to get the job (Balbuena, 2006). Tell us your situation at the start so we can prepare for questions that may come up.
Injury claims: a private party, generally three years. A county, town, village or school district: usually a 90-day notice of claim where required, then one year and 90 days. A nonemployee suing the LIRR: no notice of claim, but 30-day presentment, then one year and 90 days. The State: within 90 days, a claim filed with the Court of Claims and served on the Attorney General, or a notice of intention served on the Attorney General. Death claims follow separate rules; railroad employees’ claims are governed by federal law.
Compensation comes from your employer's carrier without proof of fault and pays medical care and, for eligible workers, partial wage benefits based on wages and disability; for accidents from July 1, 2026 to June 30, 2027, weekly wage benefits are capped at $1,281.50. A Labor Law lawsuit is against an owner or contractor, not your employer, and can recover pain and suffering and lost earnings if a violation caused the injury. You can have both; the carrier usually has a lien on part of the lawsuit recovery.
No public dataset we rely on ranks Long Island towns by work accidents, so we do not. For a claim, the type of job matters more: house jobs across both counties, railroad and station work, State highway projects such as the Long Island Expressway, and town, village and school projects each involve different owners and deadlines. Tell us the address and we will identify the owner.
In an emergency, call 911. In Suffolk, the State designates Stony Brook University Medical Center, Good Samaritan Hospital and South Shore University Hospital as adult Level I trauma centers, and NYU Langone Hospital–Suffolk as Level II. In Nassau, Nassau University Medical Center, North Shore University Hospital and NYU Langone Hospital–Long Island are Level I. This is orientation, not a recommendation.
Offices
Where to meet us
Our main office in Uniondale serves Nassau and Suffolk.
- Uniondale (main office)
Convenient for Nassau and Suffolk counties
423 RXR Plaza, East Tower, Uniondale, NY 11556(516) 227-2662
- Brooklyn
Convenient for Brooklyn and Staten Island
3857 Kings Highway, #1f, Brooklyn, NY 11234(718) 710-4880
- Corona (Queens)
Convenient for Queens and the Bronx
100-17 Northern Boulevard, Corona, NY 11368
- Teaneck (New Jersey)
Convenient for New Jersey
696 Palisade Avenue, Teaneck, NJ 07666
Injured at work on Long Island? Start with the county and the owner
Tell us where it happened, the work you were doing and who employed you. We will identify the claim, the parties and the first deadline. Free consultation; no fee unless there is a recovery.
What to bring
- Location, county and owner, if known
- Your employer and the contractor on site
- Photos of the device or hazard
- Medical records and your written notice
Photo credits: Installed track, Long Island Rail Road Mid-day Storage Yard by MTA Capital Construction Mega Projects, CC BY 2.0, cropped and resized; Stony Brook University Hospital by Darkreunion, CC BY-SA 4.0, cropped and resized.