Merrick Construction Accident Lawyer

One of the most common misconceptions workers hold after a serious job site injury is that filing a workers’ compensation claim is the only path forward. In reality, workers’ compensation is often just the beginning. When a Merrick construction accident lawyer evaluates your case, the more significant question is whether third-party liability exists, because that is where the real compensation is recovered. At Jacobson Law, we have built our reputation on understanding exactly that distinction and pursuing every available avenue of recovery for injured construction workers across Long Island.

Why Construction Accidents on Long Island Are More Complex Than You Think

Construction sites in and around Merrick are active and demanding environments. From the large-scale commercial projects along Merrick Avenue to residential builds throughout Nassau County, workers face real danger every single day. Falling objects, unsecured scaffolding, defective equipment, improperly maintained trenches, and the negligence of subcontractors all contribute to some of the most catastrophic injuries seen in any industry. What makes these cases legally intricate is not the injuries themselves but the web of contractors, property owners, equipment manufacturers, and insurers who all share potential responsibility.

New York Labor Law is among the most worker-protective construction liability frameworks in the country. Sections 200, 240, and 241(6) of the New York Labor Law impose specific duties on general contractors and property owners that go well beyond what most states require. Labor Law Section 240, often called the “Scaffold Law,” holds contractors and owners strictly liable for gravity-related injuries when proper safety devices are not provided or are inadequate. That means a worker who falls from an unsecured ladder or is struck by a falling object does not need to prove fault in the traditional sense. The violation of the statute itself establishes liability.

Workers’ compensation, by contrast, is a no-fault system that pays for medical expenses and a portion of lost wages, but it does not compensate you for pain and suffering. It does not account for permanent disability in a meaningful way. And it places a ceiling on what you can recover that rarely reflects the true financial impact of a serious injury. When Jacobson Law takes on a construction accident case, we assess both tracks simultaneously, determining where a third-party claim can be brought alongside or in addition to a workers’ comp claim to maximize what our clients receive.

The Difference Between a General Contractor Defense and a Property Owner Defense

In most construction accident litigation, two primary defendants emerge: the general contractor and the property owner. Their defenses, however, are not identical, and understanding the difference between them matters when building your case. A general contractor will typically argue that the injured worker’s own employer controlled the means and methods of the work, attempting to shift liability onto the subcontractor. A property owner, particularly a private homeowner on a residential project, may attempt to invoke the “homeowner exception” under Labor Law Section 240, which can limit liability in certain narrow circumstances.

These distinctions are not academic. They directly affect case strategy and the arguments your attorney must develop from day one. At Jacobson Law, we prepare every construction accident case as if it is going to trial. That means investigating who controlled the worksite, who was responsible for safety equipment, what permits were pulled, and whether any OSHA violations were cited. It means deposing foremen, project managers, and site supervisors. It means working with engineering experts and accident reconstruction specialists when necessary. Insurance companies and defense attorneys take cases seriously when they know trial is a real possibility, not a bluff.

The distinction between a general contractor and a property owner also matters when it comes to insurance coverage. A large commercial general contractor will typically carry substantial liability coverage. A property owner may have a commercial umbrella policy or an excess policy that only comes into play after careful litigation strategy. Understanding who holds what coverage, and how to trigger it, is part of what separates a trial-ready construction injury firm from one that simply files paperwork and waits for an offer.

Common Construction Injuries That Lead to Major Recoveries

Jacobson Law has recovered millions on behalf of injured construction workers, including a $1.5 million recovery for a worker who fell from a platform in a construction accident. The types of injuries we see in these cases are serious by nature. Traumatic brain injuries, spinal cord damage, multiple fractures, crush injuries, and severe burns are not uncommon. These injuries do not just create immediate medical costs. They reshape the entire financial trajectory of a person’s life, affecting their ability to work, their need for long-term care, and the quality of life they and their families experience for decades to come.

Falls remain the leading cause of construction fatalities and serious injuries, but they are far from the only mechanism of harm. Workers are struck by vehicles and heavy equipment, electrocuted by improperly grounded systems, injured by defective power tools, and harmed by the failure of scaffolding, hoists, and cranes. Each of these scenarios involves its own legal framework. Equipment defect cases may involve product liability claims against manufacturers. Vehicle accidents on a job site may trigger both workers’ compensation and a third-party automobile liability claim. A comprehensive evaluation of how the injury occurred is essential to identifying all possible avenues of recovery.

Merrick sits within a region of Nassau County that has seen sustained construction activity, from infrastructure projects near Sunrise Highway to commercial development close to Merrick Road. Workers commuting to job sites throughout this area, whether they are ironworkers, electricians, laborers, or plumbers, deserve the full protection of New York’s construction safety laws. Our firm is committed to holding contractors, property owners, and equipment manufacturers accountable when those protections are violated.

First Responders and Construction Accident Claims: A Unique Intersection

Jacobson Law has a long history of representing New York’s downstate first responders, and that experience informs how we approach certain construction accident cases. First responders are sometimes injured when responding to accidents at active construction sites. A firefighter injured while battling a blaze at a building under construction, or a paramedic hurt while accessing a worksite to render aid, may have claims that fall outside the typical construction accident framework. New York law provides specific protections for these individuals, and workers’ compensation limitations interact with those protections in ways that require careful legal analysis.

Beyond first responders, there is another unexpected intersection worth knowing about. Many construction workers who were present at Ground Zero in the aftermath of September 11 have pursued claims under the September 11th Victim Compensation Fund. Jacobson Law has recovered compensation for a terrorist attack victim at the World Trade Center, demonstrating our firm’s depth of experience across complex, high-stakes personal injury matters. That same dedication to thorough preparation and aggressive advocacy is what every construction accident client receives from our team.

What Delays Cost Construction Accident Victims in New York

In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. Construction accident claims against the State of New York or a municipal entity, however, require a notice of claim to be filed within just 90 days of the accident. If you were injured on a public works project, a city-owned building, or any government-controlled construction site, that 90-day window is not a suggestion. Missing it means losing the right to bring a claim entirely, regardless of how serious the injuries are.

Even in purely private construction cases where the three-year window applies, delay carries real costs. Witnesses move. Surveillance footage is recorded over. OSHA investigation records become harder to obtain. Equipment is repaired or replaced before it can be examined by experts. A general contractor who is already preparing a defense is not preserving evidence on your behalf. Every week that passes without legal representation is a week in which the evidentiary foundation of your case is potentially eroding. Retaining a Long Island personal injury attorney as soon as possible after a construction accident is not about urgency for its own sake. It is about giving your case the strongest possible foundation.

Merrick Construction Accident FAQs

Can I sue if my employer’s workers’ compensation covers my injury?

Yes. Workers’ compensation bars a direct lawsuit against your employer in most cases, but it does not prevent claims against third parties such as general contractors, property owners, equipment manufacturers, or other subcontractors whose negligence contributed to your injury. These third-party claims can recover damages that workers’ compensation does not cover, including pain and suffering and full lost earning capacity.

What is the Scaffold Law and does it apply to my case?

New York Labor Law Section 240, known as the Scaffold Law, imposes strict liability on general contractors and property owners for gravity-related injuries caused by the failure to provide or maintain proper safety equipment. If your injury involved a fall or a falling object, this law may apply and could significantly strengthen your claim without requiring you to prove traditional negligence.

What if I was partially at fault for my construction accident?

New York follows a pure comparative negligence rule, meaning you can recover compensation even if you were partially at fault. Your recovery is reduced by your percentage of fault, but it is not eliminated. In cases involving strict liability under the Scaffold Law, the comparative negligence defense is often significantly limited or unavailable to defendants.

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

For most private construction accident claims, the statute of limitations is three years from the date of injury. However, claims against a government entity require a notice of claim filed within 90 days of the accident. Given these different deadlines, consulting with an attorney as soon as possible after your injury is critical to preserving your legal options.

What compensation can I recover in a construction accident case?

Through a third-party personal injury claim, you may be able to recover medical expenses including future treatment costs, full lost wages and lost earning capacity, pain and suffering, and compensation for permanent disability or disfigurement. These damages often far exceed what workers’ compensation alone provides, particularly in cases involving catastrophic injuries.

Does Jacobson Law charge upfront fees for construction accident cases?

No. Jacobson Law handles construction accident cases on a contingency fee basis, meaning there are no upfront costs and you pay no attorney’s fees unless compensation is recovered for you. Free confidential consultations are available so you can discuss your case without any financial obligation.

Serving Throughout Merrick and Nassau County

Jacobson Law represents injured construction workers throughout the Merrick area and across the broader South Shore of Long Island. Our clients come to us from neighborhoods and communities stretching from Freeport and Bellmore to Wantagh and Seaford, as well as from Levittown and East Meadow further north. We serve workers injured on job sites throughout Baldwin and Rockville Centre, and we regularly handle cases arising from construction projects near major commercial corridors like Sunrise Highway and Merrick Road. Our reach extends eastward into Massapequa and Amityville, and we are equally prepared to assist workers from areas like Garden City and Hempstead when their cases demand experienced trial representation.

Contact a Merrick Construction Injury Attorney Today

A construction injury changes everything, often in an instant. Medical bills accumulate. Paychecks stop coming. And the physical and emotional toll of a serious injury extends far beyond what any insurance adjuster will ever acknowledge. Working with a dedicated Merrick construction injury attorney at Jacobson Law means having a firm on your side that prepares every case for trial from day one, that understands the full scope of New York Labor Law, and that has a demonstrated record of recovering millions on behalf of injured workers and their families. The window to act is real and it closes. Contact Jacobson Law today to schedule your free confidential consultation and take the first step toward a full and fair recovery.