Construction Accident Lawyer in Port Washington, NY

Construction accidents happen fast, but their consequences last. If you suffered injuries on a job site in Port Washington or Nassau County, Parker Waichman LLP fights to recover the compensation you deserve. Our construction accident lawyers understand New York’s strict liability laws and work on a contingency basis—you pay nothing unless we win your case.

Why Choose Parker Waichman LLP for Your Construction Accident Claim

When you’re injured on a construction site, you need a law firm that understands both the physical toll of your injuries and the complex legal landscape surrounding workplace accidents. Parker Waichman LLP brings more than two decades of experience handling personal injury cases, including construction accidents that have left workers with life-altering injuries.

Our firm has recovered more than $2 billion for clients across all practice areas. In construction accident cases specifically, we’ve secured substantial settlements that reflect the true cost of workplace injuries. One client who fell from a scaffold and required multiple surgeries, resulting in permanent disability, received a $6.2 million settlement. This case demonstrates our ability to evaluate the long-term impact of construction injuries and negotiate aggressively on behalf of injured workers.

Parker Waichman LLP operates from seven office locations, with our headquarters right here in Port Washington at 6 Harbor Park Drive. This local presence means we understand the specific construction industry challenges in Nassau County. This local presence, combined with our national litigation experience, means we understand the specific construction industry challenges in Nassau County while bringing sophisticated legal resources to your case. Our team includes more than 20 attorneys, many recognized by Super Lawyers and Best Lawyers in America for their work in personal injury litigation.

We handle construction accident cases on a contingency fee basis. You don’t pay us anything upfront, and you don’t pay us unless we recover compensation for you. Our clients rate us 4.8 out of 5 stars across 549 reviews, reflecting our commitment to client communication and results. We’re available 24/7 to discuss your case.

Types of Construction Accidents We Handle

Falls from Height and Scaffold Accidents

Falls represent the leading cause of construction injuries and deaths. New York law provides strong protections for workers injured in falls through the Scaffold Law, formally known as Labor Law Section 240. This law imposes strict liability on property owners and contractors for injuries resulting from falls from heights, regardless of whether the worker was partially at fault. According to OSHA construction safety standards, falls are the leading cause of death in the construction industry.

Falls can occur from scaffolding, ladders, roofs, elevated platforms, or any height above ground level. The injuries from these falls are often catastrophic—broken bones, spinal cord injuries, traumatic brain injuries, and internal organ damage. We investigate these cases thoroughly to identify all responsible parties, including the property owner, general contractor, subcontractors, and equipment manufacturers.

Equipment and Machinery Injuries

Construction sites involve heavy equipment and machinery that can cause severe injuries when operated negligently or when equipment is defective. Crane accidents, forklift injuries, power tool accidents, and machinery entanglement cases require specialized knowledge to prove liability and calculate damages. We examine equipment maintenance records, operator training documentation, and manufacturer specifications to build strong cases for our clients. OSHA equipment safety regulations establish strict requirements for equipment operation and maintenance on job sites.

New York Labor Law Protections for Construction Workers

New York provides construction workers with some of the strongest legal protections in the nation. Understanding these laws is essential to recovering full compensation for your injuries.

Labor Law Section 240, commonly called the Scaffold Law, imposes strict liability on owners and contractors for injuries resulting from falls from heights. This means you don’t have to prove negligence—the law presumes the property owner or contractor is responsible for providing safe working conditions at heights. This shifts the burden of proof significantly in your favor. The New York State Department of Labor provides detailed guidance on Scaffold Law protections.

Labor Law Section 241 requires that construction sites comply with all applicable safety regulations. Violations of these regulations—such as failure to provide proper fall protection, inadequate training, or unsafe equipment—can establish liability in your case. We investigate whether OSHA standards or industry safety practices were violated at the time of your accident.

Labor Law Section 200 imposes a general duty on employers to maintain a safe workplace. This broader protection covers injuries that may not fall under the Scaffold Law but still result from unsafe conditions created by the employer or property owner.

Construction workers injured on the job are typically entitled to workers’ compensation benefits, which cover medical expenses and a portion of lost wages. However, workers’ compensation does not compensate you for pain and suffering or permanent disability. You generally cannot sue your own employer due to Workers’ Compensation rules. However, under New York Labor Law, you can sue the property owner and general contractor. These ‘third-party lawsuits’ are crucial because they allow you to recover unlimited damages for pain and suffering—compensation that Workers’ Comp will never pay you. This is called a third-party liability claim, and it’s often where the largest recoveries occur.

While New York generally gives you three years to file a lawsuit under CPLR § 214, accidents on public projects (like schools, bridges, or municipal buildings) require you to file a Notice of Claim within 90 days. Missing this strict deadline can permanently bar you from recovering compensation, even if the three-year window is still open. However, we recommend contacting us immediately after your injury because evidence can disappear, witnesses’ memories fade, and early investigation is crucial to building a strong case.

How Construction Accident Claims Work

When you contact Parker Waichman LLP, we begin with a thorough consultation to understand your injury, how the accident occurred, and the impact on your life. This consultation is free, and there’s no obligation to hire us.

Our investigation process includes visiting the accident site to document conditions, interviewing witnesses while their memories are fresh, obtaining safety records and equipment maintenance logs, and reviewing OSHA reports if an investigation was conducted. We work with medical experts to understand the full extent of your injuries and their long-term consequences.

Construction accidents often involve multiple potentially responsible parties. A single accident might involve the property owner, general contractor, subcontractor, equipment manufacturer, and equipment rental company. We identify all liable parties and pursue claims against each one, maximizing your recovery. Our Port Washington personal injury team has extensive experience handling complex multi-party construction cases.

Calculating damages in construction accident cases requires understanding both your current medical expenses and your future needs. We consider past medical bills, ongoing treatment costs, lost wages from time away from work, reduced earning capacity if your injuries prevent you from returning to construction work, pain and suffering, and the cost of rehabilitation or home modifications if you’ve suffered permanent disability.

Most construction accident cases settle before trial. We negotiate aggressively with insurance companies and defendants to reach fair settlements that reflect the true value of your case. However, we’re prepared to take your case to trial if necessary. Our attorneys have trial experience in complex personal injury cases, and we don’t accept inadequate settlement offers just to close a case quickly.

The timeline for a construction accident case varies depending on the complexity of liability, the severity of your injuries, and whether the case settles or goes to trial. Simple cases may resolve in months, while complex cases involving multiple defendants or catastrophic injuries may take one to three years. We keep you informed throughout the process.

Common Causes of Construction Accidents in Port Washington

Construction accidents don’t happen by chance—they result from failures in safety practices and procedures. Common causes we see in our cases include inadequate fall protection systems, such as missing guardrails, improperly installed safety nets, or defective harnesses. Failure to provide proper training leaves workers unaware of hazards or how to use safety equipment correctly. Defective or poorly maintained equipment, including cranes with mechanical failures or scaffolding with structural problems, creates dangerous conditions. Unsafe working conditions, such as cluttered work areas, inadequate lighting, or exposure to hazardous materials, endanger workers. Violations of OSHA standards and industry safety practices demonstrate negligence. Negligent supervision, where foremen or site managers fail to enforce safety rules, contributes to many accidents. Rushed timelines that pressure workers to skip safety procedures or work in dangerous conditions cause preventable injuries.

Identifying the specific cause of your accident is essential to proving liability and recovering compensation. We investigate thoroughly to determine what went wrong and who bears responsibility. Our Nassau County personal injury lawyers understand the unique construction challenges in the Port Washington area.

Damages You May Recover

Construction accident cases can result in substantial compensation when handled by experienced attorneys. Recoverable damages include medical expenses for emergency care, surgery, hospitalization, rehabilitation, ongoing treatment, and future medical needs related to your injury. Lost wages cover income you lost while recovering and unable to work. Lost earning capacity applies when your injuries prevent you from returning to construction work or force you into lower-paying employment. Pain and suffering compensates you for physical pain, emotional distress, and reduced quality of life. Permanent disability or disfigurement damages account for lasting changes to your body or appearance. Rehabilitation costs cover physical therapy, occupational therapy, and other services needed to maximize your recovery. Punitive damages may be available in cases involving recklessness, wanton conduct, or willful negligence, serving to punish defendants and deter future unsafe behavior.

Parker Waichman LLP maximizes your recovery by thoroughly documenting your injuries and their impact, retaining medical and vocational experts to establish the full scope of damages, and negotiating aggressively or litigating to ensure you receive fair compensation. Our track record of substantial settlements and verdicts demonstrates our commitment to maximizing client recovery.

Frequently Asked Questions

What should I do immediately after a construction accident?

Your health is the priority. Seek medical attention immediately, even if you think your injuries are minor. Some serious injuries don’t show symptoms right away. Report the accident to your supervisor or site manager and ensure it’s documented in the company’s incident report. If possible, document the accident scene with photos or video before conditions change. Gather contact information from witnesses who saw the accident. Preserve any equipment involved in the accident—don’t allow it to be repaired or discarded. Avoid discussing the accident with anyone except medical professionals and your attorney, as statements can be used against you. Contact Parker Waichman LLP as soon as possible so we can begin our investigation while the evidence is fresh.

Can I sue my employer for a construction accident?

This depends on the circumstances. If you were injured while working as an employee, you’re generally limited to workers’ compensation benefits and cannot sue your employer directly. However, if a third party—such as a contractor, property owner, equipment manufacturer, or another company—bears responsibility for your injury, you can sue that third party. Additionally, if your employer is a subcontractor and the property owner or general contractor is responsible, you may have claims against those parties. We evaluate your specific situation to identify all potential defendants and pursue maximum recovery.

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

New York law provides a three-year statute of limitations for most construction injury claims. This means you have three years from the date of your injury to file a lawsuit. However, waiting until the last moment is risky. Evidence can disappear, witnesses move away or forget details, and medical records may be lost. We recommend contacting us immediately after your injury so we can preserve evidence and build a strong case. In some circumstances, the statute of limitations may be extended, but these exceptions are limited and require immediate legal attention.

What is the Scaffold Law, and how does it help my case?

New York’s Scaffold Law, Labor Law Section 240, is one of the strongest worker protection laws in the nation. It imposes strict liability on property owners and contractors for injuries resulting from falls from heights. This means you don’t have to prove the defendant was negligent—the law presumes they are responsible for providing safe working conditions at heights. The burden shifts to the defendant to prove they’re not liable, which is difficult. This law applies to falls from scaffolding, ladders, roofs, elevated platforms, and any height above ground level. If your injury resulted from a fall, the Scaffold Law significantly strengthens your case and increases the likelihood of substantial recovery.

How much is my construction accident case worth?

The value of your case depends on several factors: the severity of your injuries, the extent of medical treatment required, whether you’ve suffered permanent disability, your age and earning capacity, the clarity of liability, and the insurance coverage available. A minor injury with full recovery might be worth tens of thousands of dollars. A catastrophic injury resulting in permanent disability could be worth hundreds of thousands or millions of dollars. We evaluate your case based on comparable settlements and verdicts, the specific facts of your accident, and the strength of liability. We provide a realistic assessment of your case’s value during our initial consultation.

Do I have to go to trial?

Most construction accident cases settle before trial. Insurance companies and defendants often prefer to settle rather than risk a jury verdict. However, we never pressure clients to accept inadequate settlements just to avoid trial. If the defendant’s offer doesn’t fairly compensate you for your injuries, we’re prepared to take your case to trial. Our attorneys have extensive trial experience in personal injury cases, and we’re comfortable presenting your case to a jury. The decision to settle or proceed to trial is always yours, and we advise you based on the strength of your case and the offers received.

What if I was partially at fault for the accident?

The answer depends on the type of claim:

• Scaffold Law claims (Labor Law § 240): Strict liability applies. You recover full damages regardless of your percentage of fault. Comparative negligence does not reduce your recovery.
• General duty claims (Labor Law § 200): Comparative negligence applies. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000.
• Safety code violation claims (Labor Law § 241): Comparative negligence may apply, but it is difficult for defendants to prove.

The key is proving that the defendant bears primary responsibility for the accident. In construction accident cases, courts often find that employers and property owners bear the greater share of responsibility because they have a duty to maintain safe working conditions. We investigate thoroughly to minimize any finding of comparative negligence and maximize your recovery.

Contact Parker Waichman LLP for a Free Consultation

If you’ve been injured in a construction accident in Port Washington or Nassau County, don’t wait to seek legal help. Parker Waichman LLP offers free, no-obligation consultations to discuss your case. Call 800-968-7529 to speak with an experienced construction accident attorney. We’re available 24/7 to answer your questions and explain your legal options.

You don’t pay us anything upfront. We handle your case on a contingency fee basis, which means we only get paid if we recover compensation for you. This allows you to pursue your claim without financial risk while you focus on your recovery.

Contact us today to learn how Parker Waichman LLP can help you recover the compensation you deserve.