Construction Accident Lawyer Smithtown, NY
If you have been hurt on a Smithtown construction site, the path forward often involves more than a single workers' compensation claim. New York gives injured construction workers specific protections that workers in other industries do not have, and missing those protections can cost you significant compensation.
Our Smithtown, NY construction accident lawyer practice at Polsky, Shouldice & Rosen, P.C. represents injured workers across Suffolk County and throughout the state. The firm has focused exclusively on workers' compensation law since 1991, and our partners bring a combined experience of more than nine decades to these matters. Construction claims often sit at the intersection of two legal systems. Workers' compensation benefits apply automatically regardless of fault, while New York Labor Law Sections 240, 241, and 200 can create additional liability against owners, general contractors, and other parties.
We handle both sides of that analysis and coordinate with personal injury counsel when a viable third-party claim exists. Contact our firm today to schedule a free consultation.
Why Choose Polsky, Shouldice & Rosen, P.C. for Construction Accidents in Smithtown, NY?
Construction injury claims turn on specialized knowledge. Selecting counsel with a dedicated focus on this area has a direct effect on the benefits an injured worker ultimately recovers.
More Than 30 Years Representing Injured Construction Workers
Mark Polsky was admitted to the New York Bar in 1987 and currently serves as President of the Nassau County Bar Association Workers' Compensation Committee. Donald Shouldice has practiced workers' compensation law since 1992 and holds a seat on the Board of Directors of the Workers' Compensation Alliance. Adam Rosen has practiced since 1995 and serves as Chairman of the Nassau County Bar Association Workers' Compensation Committee. Each of our partners belongs to the Injured Workers' Bar Association, a statewide group of attorneys who represent injured workers exclusively.
A Practice Built on Exclusive Workers' Compensation Experience
Our firm does not divide its attention across multiple practice areas. Every matter in our office involves an injured New York worker, and that concentration provides familiarity with the procedures, judges, medical examiners, and carrier tactics that influence outcomes before the Workers' Compensation Board. Construction claims in particular benefit from that narrow focus, given how frequently insurance carriers contest the scope of covered injuries, the extent of permanent impairment, and the medical treatment necessary for recovery.
Recoveries for Injured New Yorkers
Polsky, Shouldice & Rosen has recovered millions of dollars in benefits for injured New York workers across industries. Those recoveries include approved medical treatment, wage replacement during periods of disability, Schedule Loss of Use awards for permanent impairment, and Section 32 settlements resolving claims on a lump-sum basis.
No Up-Front Cost to Retain Us
Attorney fees in New York workers' compensation cases are approved by the Workers' Compensation Board and paid from any award secured. Clients do not pay fees out of pocket. No fee is owed if the firm does not secure benefits.
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"I had an excellent experience working with Polsky, Shouldice and Rosen PC on my workers' compensation case. From the beginning, they were compassionate, responsive, and extremely knowledgeable about the process. They took the time to explain my rights, answer all my questions, and kept me updated every step of the way. Their dedication and professionalism made a difficult time much easier to navigate. Thanks to their hard work, I received the compensation I deserved, and I couldn't be more grateful. I highly recommend to anyone dealing with a workplace injury." – Kevin Hanover
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Types of Construction Accident Cases We Handle in Smithtown
Construction sites produce a wide variety of injuries, from single-impact trauma caused by equipment failure to cumulative conditions that develop after years of heavy physical work. The categories below cover the construction claims our firm handles most frequently for Suffolk County workers:
- Falls from heights. Scaffold collapses, ladder slips, roofing falls, and openings in elevated surfaces cause some of the most serious injuries on any job site. OSHA has consistently identified falls as the leading cause of construction fatalities nationally.
- Struck-by accidents. Workers are struck by falling tools, swinging loads, dropped materials, and moving equipment. These injuries frequently involve head trauma, shoulder damage, and crush injuries to hands and arms.
- Caught-in or caught-between accidents. Workers caught in machinery, between moving equipment, or in partial collapses suffer amputations, crush injuries, and fatal trauma. Trench cave-ins fall within this category and carry particularly high fatality rates.
- Electrocution injuries. Contact with overhead power lines, exposed wiring, and improperly grounded tools causes electrical burns, cardiac events, and nerve damage. Wet conditions on active sites raise that risk considerably.
- Scaffolding accidents. Collapsed scaffolds, missing guardrails, defective planking, and improper erection procedures are governed by New York Labor Law § 240, which places absolute liability on owners and contractors for gravity-related injuries.
- Heavy equipment and crane accidents. Crane collapses, forklift incidents, excavator rollovers, and mechanical failures on lifts produce catastrophic outcomes. These claims often involve third-party liability against equipment manufacturers or maintenance contractors.
- Repetitive stress and cumulative trauma. Years of lifting, drilling, hammering, and climbing cause back injuries, rotator cuff tears, carpal tunnel syndrome, and knee damage. New York workers' compensation law covers these conditions even in the absence of a single identifiable accident.
- Exposure to hazardous materials. Asbestos, silica dust, lead paint, and solvents used in construction and demolition cause occupational illnesses that often develop years after exposure. Our firm handles claims for hearing loss, respiratory disease, and other occupational conditions.
New York Legal Requirements for Construction Accident Claims
Construction accident cases in New York involve at least two sets of legal rules. The workers' compensation system governs benefits for injuries sustained in the course of employment. New York Labor Law governs certain third-party liability claims against owners, contractors, and other non-employer parties.
For workers' compensation benefits, an injured worker must give written notice to the employer within 30 days of the injury under WCL § 18. The formal claim itself is filed on Form C-3 with the Workers' Compensation Board, and the filing deadline is two years from the date of the accident or from the date a worker knew or should have known an illness was related to employment.
Labor Law § 240, commonly called the Scaffold Law, imposes absolute liability on owners and general contractors when inadequate safety devices cause gravity-related injuries. That includes falls from scaffolds, ladders, and elevated surfaces, as well as injuries from falling objects that were improperly secured. Labor Law § 241(6) requires compliance with specific Industrial Code safety regulations and applies to construction, demolition, and excavation work. Labor Law § 200 codifies the common-law duty to maintain a safe worksite.
The statute of limitations for a third-party personal injury action in New York is three years from the date of injury. Claims against government entities have shorter deadlines, including a 90-day notice-of-claim requirement in most cases.
Federal OSHA construction safety regulations also play a role in these cases. Violations of those regulations can serve as evidence of negligence in a third-party action and sometimes support Labor Law § 241(6) claims.
Important Aspects of a Smithtown Construction Accident Case
Construction claims move through a defined set of procedures, and specific decisions made early in the process often shape the ultimate recovery. The issues below come up in nearly every construction matter our firm handles.
Dual-Track Analysis
Construction injuries frequently support both a workers' compensation claim and a separate third-party action. Workers' compensation provides medical coverage and partial wage replacement regardless of fault. A third-party claim can seek pain and suffering, full wage loss, and other damages that workers' compensation does not reach. We evaluate both tracks at the outset and coordinate with personal injury counsel when a Labor Law claim is viable.
Medical Evidence and Treatment
Construction injuries often require surgery, extended rehabilitation, and long-term care. The medical record built in the early weeks of a claim drives the benefits awarded later. Treating physicians must be authorized by the Workers' Compensation Board, and reports must be submitted on the correct forms within applicable deadlines. The claim process our firm follows prioritizes medical documentation from the first consultation.
Wage Replacement Benefits
Lost wage benefits begin after seven days out of work and are calculated at two-thirds of the average weekly wage multiplied by the percentage of disability, up to the statutory maximum. Construction workers with high weekly earnings often hit the statutory cap, making the calculation particularly important when overtime and fringe benefits are considered in the average weekly wage.
Permanent Impairment and Schedule Loss of Use
Construction injuries regularly leave permanent impairment. Schedule Loss of Use awards provide cash compensation for permanent loss of function in arms, legs, hands, feet, eyes, and ears. Back, neck, and head injuries fall under the Loss of Wage Earning Capacity framework, which involves a different calculation and different maximum duration.
Coordination With a Potential Third-Party Claim
When an injury involves a party other than the direct employer, that third-party claim affects the workers' compensation case in several ways. The workers' compensation carrier obtains a lien against any third-party recovery for benefits already paid. Settlement of either claim without proper handling can compromise the other. Experienced counsel ensures the two proceedings are coordinated so that no recovery is lost to procedural error.
Denied Claims and Appeals
Construction claims are denied with some frequency. Carriers dispute whether the injury is work-related, challenge the extent of disability, or deny specific treatment requests. Our firm handles denied claim appeals through the Workers' Compensation Board's hearing and review process, up to and including appeals before the full Board.
Contact Polsky, Shouldice & Rosen, P.C.
Construction accidents produce injuries that affect earning capacity, family stability, and long-term health. Pursuing the full scope of benefits available under New York law requires counsel familiar with both the workers' compensation system and the additional protections written into the Labor Law.
Contact us to schedule a free consultation. We will review the facts of your accident, explain the benefits and claims available under New York law, and provide a candid assessment of the case. No fees are owed up front. Our Hauppauge office serves Smithtown and Suffolk County directly, with additional offices in Rockville Centre, Brooklyn, and the Bronx. Polsky, Shouldice & Rosen, P.C. has represented injured New York workers for more than three decades and welcomes the opportunity to discuss your construction accident claim.
