Construction accident representation grounded in decades of New York workers' compensation practice.
If you've been hurt at a construction site in Huntington, you're likely dealing with serious injuries, mounting medical costs, and a workers' compensation system that doesn't always work the way it should. Insurance carriers question evidence, delay payments, and push back on legitimate claims.
At Polsky, Shouldice & Rosen, P.C., we focus exclusively on workers' compensation and have represented injured construction workers across New York for over 30 years. We handle on-the-job injuries across every trade. Reach out for a free consultation with our Huntington, NY construction accident lawyer today.
Construction Accident Lawyer Huntington, NY
How does workers' compensation handle a construction accident in New York?
Workers' compensation covers construction accidents through a no-fault system that protects employees hurt at job sites. An injured worker doesn't have to prove the employer did anything wrong to receive benefits, only that the injury arose from work activity. Available benefits include medical treatment, partial wage replacement, and compensation for permanent impairment.
Construction injuries sometimes involve a third party other than the employer, such as a general contractor, property owner, or equipment manufacturer. We focus on the workers' compensation side of these matters and are familiar with determining fault when third-party responsibility may also apply. Our firm represents construction workers across Huntington and the broader Long Island region.
Types of Construction Accident Cases We Handle in Huntington
Construction work spans dozens of trades and exposes workers to many different hazards. We represent injured workers across the construction industry, including framers, ironworkers, electricians, roofers, laborers, equipment operators, and demolition crews. The case types below reflect the kinds of incidents we see regularly across Huntington and Long Island.
- Falls from heights. Falls from scaffolds, ladders, roofs, and elevated platforms remain the leading cause of fatal construction injuries. We represent workers who suffer head trauma, spinal injuries, and fractures from these falls.
- Scaffold collapses. Improperly assembled or overloaded scaffolds can give way without warning. Workers often fall significant distances and sustain catastrophic injuries that require long-term care.
- Falling object injuries. Tools, building materials, and debris dropped from above can cause severe head, neck, and back injuries when workers below lack proper protection. Hard hats reduce the risk but cannot prevent every injury.
- Struck-by accidents. Workers struck by vehicles, equipment, or swinging loads can suffer crush injuries, fractures, and traumatic brain injuries. These cases often involve disputes over how the incident occurred.
- Caught-in or caught-between incidents. Workers pulled into machinery, trapped between equipment and walls, or buried in trench collapses face some of the most severe construction injuries. We handle the resulting workers' compensation claims for affected employees and their families.
- Electrocution injuries. Contact with live wires, faulty equipment, or unmarked power lines can cause burns, cardiac events, and long-term nerve damage. Electricians and laborers working near energized systems face particular risk.
- Crane and heavy equipment accidents. Operators, riggers, and nearby workers can be hurt by crane collapses, dropped loads, and excavator or bulldozer incidents. We've handled claims involving most major types of construction equipment.
- Trench and excavation cave-ins. Workers in unprotected trenches face suffocation and crush injuries when soil walls collapse. These accidents are often preventable with proper shoring and safety practices.
- Power tool and machinery injuries. Saws, nail guns, grinders, and pneumatic tools cause lacerations, amputations, and eye injuries on job sites every day. Improper guarding and rushed work frequently play a role.
- Toxic exposure and burns. Workers exposed to chemicals, hot surfaces, or welding operations can suffer chemical burns, thermal burns, and long-term respiratory illnesses tied to their work.
Why Choose Polsky, Shouldice & Rosen, P.C. for Construction Accidents in Huntington, NY?
Our practice has been built around a single area of law for more than three decades, and that focus shapes how we approach every construction accident claim.
A Practice Built Around Workers' Compensation
Each partner at our firm has devoted his career to representing injured workers under the New York workers' compensation system. Adam Rosen graduated from Hofstra Law School in 1995 and is admitted to practice in both New York and Maryland. He chairs the Nassau County Bar Association Workers' Compensation Committee. Donald Shouldice earned his law degree from the University of Miami in 1991 and has been practicing in New York since 1992. He serves on the Board of Directors of the Workers' Compensation Alliance and meets regularly with state legislators on policy issues affecting injured workers. Mark Polsky has been practicing since 1987 and serves as President of the Nassau County Bar Association Workers' Compensation Committee. He has received a Humanitarian Award for his contributions to union members and their families.
Familiarity With Construction Industry Claims
Construction claims often involve serious injuries that affect the rest of a worker's career. We've worked with carpenters, ironworkers, electricians, sandhogs, roofers, and demolition crews across New York. The medical issues, vocational considerations, and union-related questions in these cases call for an attorney who knows the territory. As a workers' compensation lawyer in Huntington, NY, we handle matters in every industry where employees get hurt on the job.
Understanding Construction Accident Cases
Benefits, Liability, and Compensation in Construction Accident Cases
Construction accident cases in New York generally proceed through the workers' compensation system, a no-fault framework. An injured worker does not need to prove employer negligence to receive benefits, but the system also limits available damages compared with a personal injury lawsuit. The main categories of benefits include the following.
- Medical care covers all treatment reasonably necessary to address the work injury.
- Lost wage benefits replace a portion of the average weekly wage up to a statutory maximum set by state law.
- Schedule loss of use awards apply to permanent partial impairment of arms, hands, legs, feet, and similar body parts.
- Non-schedule permanent disability covers back injuries, head injuries, and conditions affecting body systems.
- Death benefits go to surviving spouses, children, and dependents of workers killed on the job.
In some construction cases, additional legal options exist beyond workers' compensation, particularly when a third party may share responsibility for the injury. These claims can pursue pain and suffering and other damages that workers' compensation alone does not cover.
What Are Important Aspects of a Construction Accident Case?
Strong workers' compensation cases share a few common features: prompt reporting, consistent medical treatment, and a clear connection between the work activity and the injury. The following details matter throughout the life of the claim:
- Report the injury to your supervisor or employer in writing as soon as possible.
- Get medical care from a provider authorized by the New York Workers' Compensation Board.
- Keep records of every symptom, doctor visit, and missed day of work.
- Save copies of all paperwork from your employer's HR department and the insurance carrier.
- Decline to give recorded statements to the carrier without speaking with an attorney first.
What Is the Construction Accident Case Timeline?
Every claim moves on its own schedule, but most construction accident cases follow a recognizable pattern. The general sequence includes these stages:
- The injured worker receives initial medical care in the days and weeks after the accident.
- The worker notifies the employer and files the formal C-3 claim form with the Workers' Compensation Board.
- The carrier either accepts or denies the claim, often within several weeks of filing.
- Both sides exchange medical records and conduct depositions before hearings.
- A Workers' Compensation Law Judge holds hearings to address ongoing benefits and any permanent impairment.
Some claims resolve in less than a year. Cases involving significant permanent injury, surgical treatment, denied claims, or third-party litigation often take longer, particularly when appeals become part of the process.
What Should You Bring to Your Construction Accident Consultation?
Useful items to gather include the following:
- Bring any written incident report or notice you submitted to your employer.
- Gather hospital records, discharge papers, and a list of treating providers.
- Collect pay stubs from the weeks before your injury along with any disability paperwork.
- Include correspondence from the insurance carrier or claim adjuster.
Most initial consultations take less than an hour. We will review your situation, explain how the workers' compensation process applies to your case, and answer any questions you have about next steps.
What Are Important New York Legal Resources for Construction Accident Cases?
Several New York agencies and statutes govern workers' compensation claims tied to construction site injuries. The following resources provide a starting point for understanding how the system applies.
- The Workers' Compensation Board administers all claims in the state and publishes forms, regulations, and benefit schedules.
- The statute of limitations for filing a claim runs two years from the accident under Workers' Compensation Law §28, with separate rules for occupational disease cases.
- The OSHA construction page sets out federal workplace safety standards that apply to job sites nationwide.
- The BLS injury data tracks fatal and non-fatal injury statistics across the construction industry and other sectors.
These resources offer general information and are not a substitute for legal advice. The application of any specific rule depends on the facts of your case.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
If you were hurt at a construction site in Huntington or anywhere across New York, talking with a workers' compensation attorney early in the process helps protect your benefits. Our firm offers free initial consultations and represents injured construction workers throughout the state. Contact us to schedule a time to discuss your case with one of our attorneys.
