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Work and construction injuries · Nassau County

Nassau County Construction Accident & Work Injury Lawyers

On a one- or two-family house job, the homeowner may be exempt from Labor Law 240(1) and 241(6). On a town, village or school district job, a notice of claim can be due within 90 days.

Over 40 years of experience, from our Uniondale main office. Free consultation; no fee unless there is a recovery.

(516) 227-2662
A historic black-and-white photograph of Levittown houses on a curving street with young trees, Nassau County.

Start here

House job or commercial job?

Labor Law 240(1) and 241(6) exempt owners of one- and two-family dwellings who contract for but do not direct or control the work, where the work relates to the home's residential use. Labor Law 200 and negligence still apply, the contractor and others may be responsible, and the owner's role and the property's use are key facts.

A one- or two-family house used as a home; the owner hired the contractor but did not direct or control the work
What it usually meansThe owner may be exempt from Labor Law 240(1) and 241(6) (240, 241) when the work relates to the home's residential use, even if it also serves a business purpose (Bartoo). Labor Law 200 and negligence claims are not removed by the exemption, and the contractor or another company may still be responsible.
A one- or two-family building used only for business
What it usually meansThe exemption generally does not apply (Van Amerogen v Donnini, as described in Bartoo); the use and purpose need review.
A one- or two-family house; the owner directed or controlled the work
What it usually meansThe exemption does not cover an owner who directs or controls the work; the owner's actual role is a question of fact.
A store, office, apartment building or other commercial property
What it usually meansThe owner and contractors carry the Labor Law duties for covered work.
A public building, road or school
What it usually meansThe Labor Law can apply, and a notice deadline may run first (below).

Where the exception does not apply

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 three Labor Law sections are explained on our construction accidents page; ladder and scaffold falls on scaffolding injuries.

Public jobs

County, town, city, village or school district

County, town, city, village or school district

Nassau has the County, three towns (Hempstead, North Hempstead and Oyster Bay), two cities (Glen Cove and Long Beach) and 64 incorporated villages (Nassau County), plus school and fire districts. Against these, a notice of claim is usually due within 90 days where required (GML 50-e) and suit generally within one year and 90 days (GML 50-i).

The State, the LIRR and private owners

An injury claim against the State itself: 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 (CCA 10(3)). A contractor on a public job is sued like any other defendant. Rail work for the LIRR: see our Long Island work accidents page. A private owner or contractor: generally three years (CPLR 214).

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.

Hurt in Suffolk, on the railroad or on a job that crosses the county line? See Long Island work accidents.

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.

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 construction injury? See workplace injury lawyer near me or Nassau County personal injury.

After the injury

Care, notice and where the case is heard

  • Care first. Tell every doctor the injury happened at work.
  • Written notice. To your employer within 30 days (WCL 18).
  • On a house job. Note who hired your employer and whether the homeowner gave directions.
  • Public owner. Which town, village or district owns the job; a notice may run first.

Where the case is heard. Nassau County's Supreme Court is at 100 Supreme Court Drive, Mineola. A lawsuit is generally filed in a county where one of the parties lived when it started, or where a substantial part of the events happened (CPLR 503), so it may be heard in another county. We confirm it at the start.

The tall concrete tower of Nassau University Medical Center in East Meadow against a blue sky.
  • Nassau University Medical CenterLevel I
  • North Shore University HospitalLevel I
  • NYU Langone Hospital–Long IslandLevel I
  • Mount Sinai South NassauLevel 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 a town, village or school job?

Call us early. A notice of claim can be due within 90 days.

(516) 227-2662

Questions

Frequently Asked Questions About Nassau County Work Accidents

Offices

Where to meet us

Our main office is at RXR Plaza in Uniondale.

  • 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 in Nassau? Start with who owns the property

Tell us the address, the work you were doing and who hired your employer. We will identify the claim, the parties and the first deadline. Free consultation; no fee unless there is a recovery.

(516) 227-2662

What to bring

  • Property address and owner, if known
  • Your employer and who hired them
  • Photos of the ladder, roof or hazard
  • Medical records and your written notice

Photo credits: Nassau University Medical Center by Kenneth C. Zirkel, CC BY-SA 4.0, cropped and resized.