Long Island construction cases are Labor Law 240 cases

Long Island construction fatalities climbed sharply in the most recent data. New York State recorded 74 construction worker deaths in 2023, a 48% increase from 50 in 2022, producing a statewide fatality rate of 10.4 per 100,000 construction workers. Long Island contributed 7 of those 74 fatalities, and the borough-proportional injury count runs into the hundreds. The deadliest categories are the same as they have been for decades: falls from height, struck-by-falling-object incidents, electrocutions, and trench collapses.

What makes these cases winnable is New York Labor Law 240, known as the Scaffold Law. It imposes absolute liability on property owners and general contractors for gravity-related injuries where proper safety equipment was not provided. The statute does not care about comparative fault when it applies, a worker injured falling from an unsecured ladder recovers the full value of the case. Labor Law 241(6) adds specific Industrial Code violations as actionable claims, without the absolute-liability framework. Together, these two statutes are the foundation of virtually every serious Long Island construction case.

The statutory framework

  • Labor Law 240 (Scaffold Law). Absolute liability for property owners and GCs for gravity-related injuries where proper safety equipment was missing or inadequate.
  • Labor Law 241(6). Non-delegable duties for Industrial Code (12 NYCRR Part 23) violations at construction sites.
  • Labor Law 200. Codified common-law duty of reasonable care by owners and GCs to provide a safe worksite. Requires actual or constructive notice.
  • CPLR 214(5). Three-year personal-injury SOL.
  • EPTL 5-4.1. Two years from death for wrongful death.
  • CPLR 1411. Pure comparative negligence (for 241(6) and 200 claims; 240 often bypasses comparative fault entirely).
  • GML 50-e. 90-day Notice of Claim for municipal construction projects.

Long Island construction case categories

  • Scaffold falls. Absolute liability under Labor Law 240. Deep discovery into scaffold erection, inspection, and tie-off.
  • Ladder falls. Labor Law 240 applies when the ladder was defective or inadequately secured.
  • Roof and unprotected-edge falls. Labor Law 240.
  • Falling object injuries. Labor Law 240 when gravity-related; 241(6) via Industrial Code Part 23.
  • Electrocutions. Labor Law 241(6), 200, and third-party negligence against subcontractors and equipment lessors.
  • Trench collapses. OSHA and Industrial Code Part 23 violations.
  • Crane and hoist accidents. Equipment-manufacturer liability plus Labor Law 241(6).
  • Explosion and fire. Premises liability plus Labor Law 200.
  • Highway work-zone crashes. VTL violations, DOT design claims, and Labor Law 241(6) on sign placement.

Where Long Island cases are filed

Nassau County Supreme Court at 100 Supreme Court Drive, Mineola handles Nassau cases. Suffolk County Supreme Court at 400 Carleton Avenue in Central Islip and 210 Center Drive in Riverhead handles Suffolk cases. Both have unlimited civil jurisdiction. Appeals go to the Appellate Division, Second Department. For accidents on municipal projects (Hempstead, Brookhaven, Islip, Suffolk or Nassau County public works, school districts), a 90-day Notice of Claim under GML 50-e is required.

Long Island construction zones we see repeatedly

  • Hempstead and Mineola. Nassau County government and commercial construction.
  • Hauppauge Industrial Park. Warehouses, commercial buildings, and flex space.
  • Huntington and Huntington Station. Residential and mixed-use development.
  • Brookhaven. Residential construction and solar farm projects.
  • Islip. MacArthur Airport work and residential.
  • Long Beach. Shoreline reconstruction and residential rebuild.
  • Garden City and Uniondale. Office and retail construction at Nassau Hub.
  • Parkway and expressway work zones. LIE, Sunrise Highway, Southern State, Cross Island.

What to do after a Long Island construction accident

  1. Get medical care. Good Samaritan in West Islip, Huntington Hospital, Stony Brook, Nassau University Medical Center, Mount Sinai South Nassau, and NYU Langone-Long Island document the injury.
  2. Report the injury to your employer in writing (workers' comp requirement).
  3. Do not give a recorded statement to the GC's or property owner's insurer before consulting counsel.
  4. Photograph the scene, the equipment, and any safety failures before the scene is cleaned.
  5. Preserve the scaffold, ladder, harness, or equipment involved. Physical evidence matters.
  6. Get names of coworkers who witnessed the accident and supervisors on duty.
  7. Contact a lawyer before OSHA inspection reports, toolbox-talk records, and Site Safety Plans disappear.

Related analysis from our team

References

U.S. Bureau of Labor Statistics. New York construction fatalities, 2023.

https://www.bls.gov/iif/fatal-injuries-tables.htm

New York Committee for Occupational Safety and Health (NYCOSH). Construction fatality reports.

https://nycosh.org/

New York Labor Law §§ 200, 240, 241.

https://www.nysenate.gov/legislation/laws/LAB

12 NYCRR Part 23 (Industrial Code, Construction).

https://dol.ny.gov/industrial-code

New York Civil Practice Law and Rules §§ 214, 1411.

https://www.nysenate.gov/legislation/laws/CVP

New York Estates, Powers and Trusts Law § 5-4.1.

https://www.nysenate.gov/legislation/laws/EPT

New York General Municipal Law §§ 50-e, 50-i.

https://www.nysenate.gov/legislation/laws/GMU/50-E

Frequently Asked Questions

What is New York Labor Law 240 and how does it apply to Long Island?

Labor Law 240, known as the 'Scaffold Law,' creates absolute liability for property owners and general contractors when construction workers are injured in gravity-related falls where proper safety equipment was not provided. If you fell from a scaffold, ladder, roof, or height on a Long Island job site and adequate safety protection was missing, the owner and GC can be held liable regardless of your own fault. Labor Law 241(6) adds specific Industrial Code violations to the list of actionable claims.

How many construction deaths happen on Long Island?

Long Island recorded 7 construction worker deaths in 2023. New York State totaled 74 construction fatalities that year, a 48% increase from 50 in 2022. The state fatality rate is 10.4 per 100,000 construction workers. Falls from height, struck-by-object incidents, electrocutions, and trench collapses account for most Long Island construction fatalities, with Hempstead, Brookhaven, Islip, Hauppauge, and Huntington job sites concentrating the most serious injuries.

Where are Long Island construction accident lawsuits filed?

Nassau County Supreme Court at 100 Supreme Court Drive in Mineola handles Nassau cases. Suffolk County Supreme Court at 400 Carleton Avenue in Central Islip and 210 Center Drive in Riverhead handles Suffolk cases. Both have unlimited civil jurisdiction. Appeals go to the Appellate Division, Second Department. For accidents on municipal construction projects (school districts, county public works, town roads), a 90-day Notice of Claim under GML 50-e is required.

Can I sue my employer for a Long Island construction accident?

Workers' compensation typically prevents suing your direct employer. But you can almost always sue third parties: the property owner, the general contractor, other subcontractors, equipment manufacturers, and equipment rental companies. Third-party lawsuits under Labor Law 240 and 241 often produce recoveries far exceeding workers' comp benefits alone. A catastrophic 2019 Suffolk County scaffold fall case, for example, produced an eight-figure settlement.

What is the statute of limitations for a Long Island construction accident?

Three years from the accident date for personal injury under CPLR 214(5). Two years from date of death for wrongful death under EPTL 5-4.1. Workers' compensation claims have their own shorter deadlines (written notice to the employer within 30 days, formal claim within 2 years). For accidents involving government entities (Nassau or Suffolk County, Town of Hempstead, Islip, etc.), a 90-day Notice of Claim is required under GML 50-e.

Who can be held liable in a Long Island construction case?

Under Labor Law 240 and 241, the property owner and general contractor face non-delegable duties and absolute or near-absolute liability for gravity-related and Industrial Code violations. Other potential defendants include subcontractors whose negligence caused the injury, equipment manufacturers whose products failed, equipment rental companies that provided defective tools, and architects or engineers whose design created the hazard. Our job is to identify every layer of the chain before evidence (inspection records, tool serial numbers, OSHA filings) disappears.

What compensation is available in a Long Island construction case?

Workers' comp covers medical expenses and a portion of lost wages. A third-party Labor Law lawsuit can add past and future medical expenses, full lost wages and loss of future earning capacity, pain and suffering, permanent impairment, and in fatal cases pecuniary loss to the statutory distributees under EPTL 5-4.3. Catastrophic Long Island construction settlements and verdicts have reached seven and eight figures when Labor Law 240 absolute liability combined with substantial future-care costs and lost earnings.

What evidence matters most in a Long Island construction case?

Photographs of the scene before it is cleaned up, OSHA inspection reports and any citations issued, the scaffold or ladder or equipment involved (preserve it physically), safety meeting and toolbox-talk records, the project's Site Safety Plan, inspection and maintenance records for the equipment, contracts between owner, GC, and subcontractors, and worker training and certification records. Contact a lawyer before the jobsite is returned to active work and evidence disappears.