Long Island Construction Accident Lawyers

Block O’Toole & Murphy has decades of experience securing strong results for Long Island construction workers who were hurt on the job. Our track record includes a $9.75 million settlement for a worker who fell from scaffolding while installing crown molding in Islip, and a $5.5 million settlement for a worker who sustained crush injuries on a project at Jones Beach.

Dealing with the aftermath of a construction accident can be a daunting experience, forcing workers to not only navigate their physical recovery, but the complex legal system as well. The attorneys at Block O’Toole & Murphy understand that behind every construction accident is a person whose life has just been upended, and that injury victims need fierce advocates who will fight relentlessly on their behalf.

Need to Know:

• The attorneys at Block O’Toole & Murphy have recovered well over $50 million for Long Island construction accident victims, including workers who fell from a height, workers injured by falling objects or defective equipment, excavation accidents, and more.
• Construction workers who are injured at a job site are typically eligible for workers’ compensation, and generally cannot sue their employers. However, they may be able to file a lawsuit against another party responsible for worksite conditions and safety, such as the general contractor, developer, or site owner.
• If you were injured in a construction accident, you should seek legal advice as soon as possible. Experienced construction accident attorneys will act fast to preserve evidence from a job site and comply with strict legal deadlines.

In This Article:

• Why Choose Block O’Toole & Murphy for Your Long Island Construction Accident Case?
• Case Study: $5,500,000 Settlement for a Worker With Crush Injuries After a Jones Beach Excavator Accident
• How Are Long Island Construction Trends Creating New Accident Risks?
• Case Study: $4,000,000 Settlement for a Laborer Who Fractured His Vertebrae Falling Off a Condominium Roof
• Notable Verdicts and Settlements in Long Island Construction Accidents

Why Choose Block O’Toole & Murphy for Your Long Island Construction Accident Case? 

Remarkable results: Our firm fights tirelessly to maximize compensation for seriously injured workers who were subjected to unsafe conditions.

Our top Long Island construction accident results include:

• A $9,750,000 settlement for a worker who was installing crown molding overhead at a project in Bay Shore when he fell backwards from a six-foot scaffold. There were multiple safety failures in this case: the scaffold did not have railings and its platform was bent; the protective covering on the floor was warped, making it difficult for the scaffold to remain level; and our client was not provided with any fall protection equipment. After the accident, he required four surgeries and implantation of a spinal cord stimulator to manage his pain.
• A $5,500,000 settlement for a client who was working on a sewage project at Jones Beach State Park when he was pinned against a steel wall by a rotating excavator. This accident could have been fatal if the wall hadn’t given way. Fortunately, he survived, but our client suffered fractures to the ribs and left arm and a partially collapsed lung. His extensive crush injuries confined him to a wheelchair, and he was diagnosed with Chronic Regional Pain Syndrome.
• A $4,000,000 settlement for a laborer who slipped and fell 15 feet as he was working on a pitched roof in Nassau County while it was raining. He wasn’t provided with any fall prevention equipment. His serious spinal injuries included a burst fracture to his vertebrae, and he was disabled from employment.

No amount of compensation can reverse a life-changing injury, but it can secure the financial stability that an accident victim and their family need to move forward. We treat every construction accident case with the seriousness those stakes demand.

Authorities in Labor Law: Our attorneys are well versed in New York’s complex labor laws, and have even been instrumental in shaping the ongoing interpretation of the law. For instance, Partners Daniel P. O’Toole, David L. Scher, and Frederick C. Aranki once represented the family of an HVAC technician who tragically died while uninstalling a chiller unit. The case was originally dismissed, but their diligent appellate work resulted in a reversal, ultimately expanding the interpretation of Labor Law 240 and securing a $15 million settlement for the worker’s surviving family.

Scher was also selected to write an amicus curiae brief to the Court of Appeals on behalf of an organization that supports workers’ rights. This case led to the landmark decision Ortiz v. Varsity Holdings, which established new legal precedents for Labor Law 240, which protects workers from gravity-related accidents.

O’Toole is a current Co-Chair of the New York State Trial Lawyers Association (NYSTLA) Labor Law Committee, a position that Scher held previously. The committee monitors current legislation and shapes policies pertaining to labor law practice. Scher regularly lectures at NYSTLA’s Construction Accidents From the Trenches, an educational seminar that’s well-attended by lawyers across the entire state.

Rigorous strategy: Our firm takes the unique approach of assigning at least two attorneys to every case. This ensures that clients can reap the benefits of collaboration between multiple legal professionals with varied perspectives and experiences. We also limit the number of cases we accept in order to provide each client with the highly individualized and focused attention they deserve.

Case Study: $5,500,000 Settlement for a Worker With Crush Injuries After a Jones Beach Excavator Accident 

One of Block O’Toole & Murphy’s clients was a 54-year-old construction worker who specialized in dewatering and shoring. He was working on a sewer renovation project at Jones Beach State Park, where his job involved measuring the water level in a deep well that was being excavated. On the day of the accident, the excavator moved unexpectedly while our client was within swing range, pinning him against a steel wall and crushing his body.

The Injuries and Their Impact

This was a dangerous and terrifying accident due to the immense size and force of the machinery. Horrifyingly, our client feared he would lose his life and actually called his family to say goodbye as he was being transported to Good Samaritan University Hospital. Fortunately, he did survive his injuries, but they were very serious and would impact every aspect of his life going forward.

He was immediately diagnosed with multiple fractures to his arm and ribs, and a partially collapsed lung. He required surgery the next day to repair his radius and ulna. Over time, our client developed many complications as a result of his crush injuries. He could barely move his left hand, and walking was so difficult and painful that he needed a wheelchair, which had to be reclined at an angle so he could breathe.

He gradually developed Chronic Regional Pain Syndrome, a condition that causes increased pain, sensitivity, and progressive loss of dexterity. A spinal cord stimulator was implanted to help control his severe pain. Doctors also discovered a bruise on his heart that required an ablation.

Once a fit man with a physically demanding job and a passion for weightlifting, which he often did with his teenage son, our client suffered serious mobility limitations and chronic pain as a result of the accident.

Investigating Liability

In order to determine who was liable, or legally at fault, we had to investigate how the accident unfolded. Partners Stephen J. Murphy and David L. Scher carefully questioned witnesses at their respective depositions and uncovered multiple safety failures.

• The excavator had missing and damaged mirrors that restricted the operator’s view. In fact, it was a known issue among workers that the defendant’s equipment on the job site was in poor condition.
• There was no signaler or flag person to check blind spots and indicate when it was safe for the excavator operator to move the machine.
• The operator did not sound the horn as a warning before moving the excavator.

It was the general contractor’s responsibility to implement these safety measures and provide a safe plan for the work to be accomplished. Based on the information we had gathered, we believed the general contractor violated industry standards and was at fault for the accident.

However, we also had to scrutinize the defense’s allegation that our client was to blame. They argued that he entered the work zone unannounced while the excavator was already in motion, and there was not enough time to prevent the accident.

After deposing several eyewitnesses, it became clear that the workers’ testimony didn’t support the defense’s version of events. These witnesses stated that they saw our client in the work area for a prolonged period of time, illuminated with an orange helmet and a neon vest, and taking measurements as he customarily did when the excavator suddenly moved without warning and caught him in a crush point.

This also matched our client’s testimony. He had 30 years of experience in construction work and came across as a credible witness who acted with deliberation, rather than the allegedly reckless behavior that the defense described.

The evidence we gathered on liability was compelling, showing that this accident could have been avoided entirely if safety measures were followed properly on the job site. We ultimately persuaded the defense to settle the case for $5.5 million.

How Are Long Island Construction Trends Creating New Accident Risks?

Long Island’s development patterns are evolving over time, which can potentially change the frequency and types of construction accidents that occur there. New construction is expected to focus on the following types of structures in the coming years, according to Long Island Business News.

• Transit-oriented housing: Although most of Long Island’s housing market traditionally consists of single-family homes, there has been an increase in proposals for apartment complexes and condominiums conveniently located near Long Island Rail Road train stops and downtown areas. Block O’Toole & Murphy has handled several injury cases arising from multi-story residential construction projects, including an $11 million settlement for a worker who fell three stories to the basement when he stepped on an unsecured cover placed over a hole in the floor, and a $3 million recovery for a carpenter who suffered facial, skull, and wrist fractures from falling off a ladder.
• Commercial redevelopment: With malls struggling in the age of online shopping, towns like Brookhaven have reimagined traditional retail spaces, planning to renovate or replace them with more open plazas, mixed-use spaces, and adding entertainment venues. This typically involves demolition work, which is particularly hazardous due to factors such as sudden uncontrolled collapses or the presence of toxic materials like asbestos.
• Industrial construction: New modern warehouses, especially cold storage facilities, can meet Long Island’s growing demand for e-commerce, grocery delivery services, and pharmaceutical distribution. Renovation and construction of these spaces can be dangerous work. For instance, Partners Daniel P. O’Toole and Scott Occhiogrosso represented a laborer who was given insufficient equipment to remove pipes that ran along a warehouse ceiling during a renovation project, causing him to fall between 10 and 15 feet and sustain serious injuries. That case resolved for $4.65 million.

It’s critical for laborers on these projects to be provided with safe conditions and equipment. In the event of an accident, injury victims or their families should prioritize reaching out to an accomplished law firm that litigates all types of construction accidents, including falls, demolition accidents, collapsed buildings or trenches, and more. The trial and appellate attorneys at Block O’Toole & Murphy are vastly experienced and know the ins and outs of New York’s labor laws, allowing us to formulate strong strategies on our clients’ behalf, even for complicated cases.

Case Study: $4,000,000 Settlement for a Laborer Who Fractured His Vertebrae Falling Off a Condominium Roof

One client Block O’Toole & Murphy represented was a laborer who fell while working on a roofing and siding project at a condominium complex in North Hempstead. At just 35 years old, he went from working full-time in the construction industry, which required physical tasks like climbing up and down ladders and using heavy machinery, to struggling to walk without a cane.

The Accident

On the day of our client’s accident, he was on the roof of one home in the condo complex, cutting wood. The roof was pitched and it was raining, making the already precarious surface slippery. There was no fall protection of any kind available to him.

The roof became so slick that our client slipped and fell. He tried to hold onto a gutter for support on the way down, but couldn’t get a grip and plummeted 15 feet to the wooden deck below, landing on his back. Police and EMS arrived at the scene to assist our client, who had severe back pain and couldn’t move on his own.

The Injuries

Our client was diagnosed with multiple back injuries due to the trauma of the fall, including a vertebral burst fracture, a painful condition that occurs when high impact shatters the bone into multiple pieces. This caused bone to be pushed into his spinal canal. He also had a compression fracture and dislocation of the vertebrae. He required surgery to repair his back, which involved the insertion of hardware from spinal levels T11 down to L3.

After surgery, our client attended physical therapy and attempted to manage his pain with medication. However, his injuries significantly impacted his life moving forward. He was previously an active man who worked in construction full-time and used to enjoy cooking, playing soccer, running, and fishing with his brother and friends during his free time.

Afterwards, he struggled to walk, shower, or do any housework on his own, requiring the help of family members and a home aide. The accident tragically took away his livelihood and his independence.

Filing the Lawsuit

Labor Law 240 aims to protect construction workers from gravity-related accidents, including falls and falling objects. It mandates that site owners and general contractors can be held legally responsible for accidents arising from safety violations.

However, Labor Law 240 does not apply to owners of one or two-family homes who do not direct or control the work being done. Unfortunately, injured workers often encounter this exemption in Long Island construction accident cases.

In this particular case, the dwelling that our client was working on was a single-family home. However, it was part of a larger condo association. During the discovery phase, Partners Stephen J. Murphy and David L. Scher, who handled the case, requested access to the condo plan and bylaws. These documents revealed that building exteriors in the development were considered “common elements” owned by the entire condo association, not any individual homeowner.

At the time of the accident, our client was working on a project to repair rotten wood siding on home exteriors in the development. This case therefore fell outside the LL 240 exemption, and we were able to move ahead with bringing a lawsuit against the party that owned the condo association.

Resolving the Case

Our firm filed a motion for summary judgment on liability, arguing that the defendant violated LL 240 by requiring our client to work at a height without providing any type of fall protection. Our motion went unopposed by the defense.

We brought damages claims for pain and suffering, lost earnings, and medical expenses. We were prepared to back up our demands with:

• Medical records demonstrating the extent of our client’s injuries and the care he required.
• Testimony from medical experts on this client’s condition and inability to work.
• Testimony from family members who saw firsthand the impact of chronic pain on their loved one, and how it took away his freedom.

Furthermore, the defense was aware that our firm was prepared to take this case to trial if necessary. Our attorneys were confident that a Long Island jury would be unlikely to take the side of a defendant that put our client in such a dangerous situation, leading to an entirely preventable, life-changing accident.

Ultimately, no one had to testify at trial because of how quickly this case resolved. Recognizing the merits of our case, the defense participated in serious negotiations with us early on, before the judge issued a decision on our motion for summary judgment. Our client accepted a settlement of $4,000,000.

Notable Verdicts and Settlements in Long Island Construction Accidents 

Block O’Toole & Murphy is committed to fighting on behalf of injured workers. Our significant results in Long Island construction accidents include:

• $9,750,000 settlement for a worker with serious neurological and orthopedic injuries after falling from a scaffold
• $5,500,000 settlement for a worker who was struck by a rotating excavator at Jones Beach State Park
• $4,000,000 settlement for a laborer with spinal injuries after falling from a roof at a Nassau County condominium complex
• $3,200,000 settlement for a window installer who fell while working on a project for Middle Country School District
• $2,750,000 settlement for an HVAC worker who fractured his tibia and fibula when an extension ladder slid out from under him
• $2,700,000 settlement for a union roofer who fell 20 feet from the roof of Long Beach Middle School, fracturing his leg and back
• $2,000,000 settlement for a masonry worker with lower back injuries after falling at a Mineola construction site
• $1,900,000 settlement for an HVAC installer who suffered spinal and shoulder injuries after falling from an unsecured ladder
• $1,750,000 settlement for a carpenter who suffered a permanent heel injury at a Watermill home
• $1,625,000 settlement for a glazier who suffered fractured ribs and spinal injuries while working on a glass elevator
• $1,400,000 settlement for a union ironworker who was injured due to a falling beam in a school gymnasium
• $1,325,000 settlement for a worker who suffered severe lacerations when a glass panel fell during storefront replacement work in Sag Harbor
• $1,250,000 settlement for an electrician who fell from a ladder, injuring his spine
• $1,204,087 recovery for a laborer who lost portions of four toes in an excavation accident at Avalon Pines
• $1,175,000 settlement for an HVAC mechanic who fractured both tibias after falling from an extension ladder
• $1,000,000 settlement for a plumber who suffered brain and wrist injuries after falling from an extension ladder at a Nassau County building
• $1,000,000 recovery for a painter who fell off an unguarded loading dock in Suffolk County and sustained a right foot injury

If you or a loved one were injured in a construction accident on Long Island, reach out to Block O’Toole & Murphy for a free legal consultation. You can get in touch with one of our skilled attorneys by calling 212-736-5300, or by filling out our online contact form.