Representing Injured Construction Workers Across Nassau and Suffolk Counties
- $1.7 Million Settlement — Construction Accident for a worker seriously injured on a New York City construction site.
- 25+ Years Representing Injured Construction Workers under New York Labor Law 240, 241(6), and 200.
- 400+ Five-Star Google Reviews from clients we have helped.
- 9 Office Locations Across Long Island, with after-hours appointments available.
Construction work helps build the homes, businesses, and infrastructure that make up Long Island, but it is also one of the most dangerous jobs in New York. A construction accident occurs when a worker is injured because of dangerous conditions on a job site. These incidents can involve falls from heights, falling materials, equipment failures, electrical hazards, or other dangerous conditions that should have been prevented with proper safety measures.
Construction activity is constant all around Long Island. New homes, mixed use developments, retail centers, and infrastructure projects continue to reshape communities throughout Nassau and Suffolk Counties, including areas such as Elmont, Huntington, Patchogue, and the towns across the East End of Long Island. While these projects help support growth and development, they also create job sites where workers usually face serious risks if proper safety protections are not provided.
Because of these dangers, New York law provides strong legal protections for construction workers. Under Labor Law 240, 241(6), and 200, property owners and contractors can be held responsible when required safety protections are not provided. These laws recognize that construction workers often perform physically demanding and hazardous work and place responsibility on those who control construction projects to maintain safe working conditions.
At Palermo Law, we have represented injured workers and accident victims as Long Island personal injury attorneys for more than 25 years. Our firm has recovered over $75 million for our clients, earned more than 400 five star Google reviews, and has been recognized as Best Law Firm on Long Island five times. With 9 office locations across Nassau and Suffolk Counties, experienced legal help is always close to home when it is needed most.
Construction accidents occur on many types of projects. Some involve residential construction, such as when a new home is being built by a contractor or developer rather than by the homeowner. Others occur on commercial construction sites, including retail stores, office buildings, restaurants, and other business properties.
Our Long Island construction accident lawyers represent workers injured in incidents such as scaffold and ladder falls, falling objects, equipment failures, and other hazardous job site conditions. When a serious injury happens, figuring out all of responsible parties and applying the appropriate New York labor laws is very important to securing full compensation.
If you were injured on a construction site on Long Island, you may be facing medical treatment, lost income, and uncertainty about what comes next. Our role is to investigate what happened, explain your legal options clearly, and pursue the compensation you deserve and need to move forward with your life.
Case Study
$1.7 Million — Construction Worker Struck by Debris at an NYC Job Site
The barriers weren’t built to code. Two separate carriers shared responsibility for the injury. Learn how Palermo Law pursued both parties and recovered $1.7 million before trial.
New York Laws That Protect Construction Workers
Construction work presents serious risks. Workers regularly perform tasks at heights, handle heavy materials, and operate around dangerous equipment. Because of these various dangers, New York has created a specific set of laws that require construction sites to follow strict safety standards.
Several sections of the New York Labor Law play an important role in protecting construction workers and determining who may be responsible when an accident occurs.
New York Labor Law 240 (Scaffold Law)
New York Labor Law 240, often called the Scaffold Law, applies to accidents involving height related hazards. These cases frequently involve falls from ladders, scaffolds, roofs, or other elevated work areas. The law requires owners and contractors to provide proper safety devices such as scaffolds, ladders, hoists, harnesses, and other protective equipment.
When those protections are not provided or fail to function properly, the law can hold the responsible parties liable for the worker’s injuries.
New York Labor Law 241(6)
New York Labor Law 241(6) requires construction sites to follow detailed safety regulations contained in the New York Industrial Code. These regulations address a wide range of construction site conditions, including safe walkways, protection from falling objects, proper equipment use, and safe operation of machinery.
If a specific Industrial Code regulation is violated and that violation contributes to an injury, the injured worker may have a claim under this section of the law.
New York Labor Law 200
New York Labor Law 200 is a broader safety statute that requires construction sites to maintain reasonably safe working conditions. It often applies when an accident results from unsafe equipment, dangerous job site conditions, or negligent supervision of the work.
Construction sites are also subject to federal safety standards enforced by OSHA’s construction safety standards, which set requirements for fall protection, scaffolding, and hazard communication that apply alongside New York’s Labor Law protections.
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§200
Labor Law · Section 200
General Workplace Safety Requires owners and contractors to provide workers with a reasonably safe place to work. The foundational safety duty for all construction sites in New York.
Fault Required
Unsafe Conditions
Site Control
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§240
Labor Law · Section 240(1)
The Scaffold Law New York’s most powerful construction safety statute. Covers gravity-related hazards — falls from height and falling objects — and imposes strict liability on owners and contractors.
Strict Liability
Gravity Hazards
Falls & Objects
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§241
Labor Law · Section 241(6)
Industrial Code Violations Requires compliance with New York’s detailed Industrial Code safety regulations covering excavation, scaffolding, fall protection, barriers, and more.
Specific Violation
Industrial Code
Regulations
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Who Is Protected by New York Construction Labor Laws
New York Labor Laws that protect construction workers apply to a wide range of individuals involved in construction related work. These protections are not limited to traditional employees of large construction companies. In many cases, workers employed by subcontractors, smaller contractors, or temporary labor providers may also be covered.
Workers commonly protected under these laws include:
- Construction laborers
- Carpenters
- Electricians
- Plumbers
- Ironworkers
- Roofers
- Painters
- Demolition workers
- Masonry workers
- HVAC and mechanical workers
The protections of Labor Law 240 and Labor Law 241 generally apply when a worker is performing construction, demolition, repair, alteration, painting, cleaning, or pointing work on a building or structure.
These laws typically place responsibility on property owners and general contractors to provide safe working conditions and proper safety equipment.
The Homeowner Exception
New York law contains a limited exception that applies to certain owners of one or two family homes. When a homeowner hires a contractor to perform work on a private residence and does not direct or control the work, that homeowner may be exempt from liability under Labor Law 240 and 241.
However, this exception does not apply in many common situations. For example, it may not apply when the work is performed for commercial purposes, when a residence is being built or renovated as part of a development project, or when the owner actively supervises or directs the work.
Because construction projects often involve multiple contractors, subcontractors, and property owners, determining who may be legally responsible after an accident requires a careful review of the job site and the work being performed.
Common Types of Construction Accidents on Long Island
Construction sites involve many moving parts, heavy materials, and work performed at heights. When proper safety precautions are not followed, serious accidents can occur. Many of the construction injury cases we handle involve hazards that should have been prevented through proper planning, supervision, and safety equipment.
Some of the most common construction accidents include:
Falls From Heights
Falls are one of the leading causes of serious construction injuries. Workers frequently perform work on scaffolds, ladders, roofs, or elevated platforms. When proper fall protection is not provided or safety equipment fails, workers usually suffer devastating injuries. These cases are often related to Labor Law 240, which addresses height related hazards.
Scaffold and Ladder Accidents
Scaffolds and ladders must be properly secured and constructed to support workers safely. Accidents can occur when scaffolding collapses, ladders shift or break, or safety rails and harness systems are missing. These incidents frequently lead to serious injuries including fractures, spinal injuries, and traumatic brain injuries.
Falling Object Accidents
Construction work often involves materials and tools being used at elevated levels. If those materials are not properly secured, they can fall and strike workers below. Falling objects can cause severe head injuries, neck injuries, and other traumatic injuries.
Equipment and Machinery Accidents
Construction sites rely on heavy machinery and power equipment to move materials and perform specialized work. Cranes, forklifts, lifts, and other equipment can create dangerous conditions if they are operated improperly or maintained poorly.
Structural Failures and Unsafe Work Areas
Some accidents occur because a structure, platform, trench, or work surface is not properly constructed or maintained. Unsafe walkways, unstable surfaces, and poorly secured materials can create dangerous conditions for workers throughout the job site.
The Fatal Four — Leading Causes of Construction Deaths
These four hazards account for more than 56% of all construction worker fatalities in the United States
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#1
Most Deadly — 39% of Construction Fatalities
Falls From Heights Falls from scaffolding and ladders, through unprotected floor openings, and from roofs and elevated platforms.
OSHA requires fall protection at elevations of 6 feet or more on construction sites.
NY Labor Law 240
Scaffold Law
Most Common
|
#2
Struck-By Incidents — ~10% of Construction Fatalities
Struck by Object Falling tools and materials from above, rigging failures, swinging loads, and construction vehicle and equipment strikes.
OSHA requires hard hats, debris nets, catch platforms, and secured materials on multi-level job sites.
NY Labor Law 240
NY Labor Law 241(6)
|
|
#3
Caught-In/Between — ~5% of Construction Fatalities
Caught-In / Between Workers caught in unguarded machinery, trench collapses and cave-ins, and workers pinned between equipment and structures.
OSHA requires machine guards, trench protections, and equipment clearance procedures on all sites.
NY Labor Law 200
NY Labor Law 241(6)
|
#4
Electrocution — ~8% of Construction Fatalities
Electrocution Contact with overhead power lines, exposed wiring and energized conductors, and damaged power tools near wet conditions.
OSHA requires lockout/tagout procedures and ground-fault circuit interrupters (GFCIs) on all construction sites.
NY Labor Law 200
NY Labor Law 241(6)
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Workers’ Compensation and Third Party Construction Accident Claims
After a construction accident, most injured workers initially receive benefits through Long Island workers’ compensation attorney. Workers’ compensation can provide coverage for medical treatment and a portion of lost wages, regardless of who was at fault for the accident.
However, workers’ compensation benefits are limited. They generally do not provide compensation for pain and suffering or the full financial impact of a serious injury.
In many construction accident cases, an injured worker may also have the right to pursue a third party claim against parties other than their direct employer. These claims are often based on violations of New York’s construction safety laws, including Labor Law 240, Labor Law 241(6), and Labor Law 200.
Third party claims may be brought against:
- Property owners
- General contractors
- Construction managers
- Subcontractors
- Equipment manufacturers or suppliers
These claims allow injured workers to seek compensation that may not be available through workers’ compensation alone. This can include damages for pain and suffering, full lost earnings, future medical expenses, and other long term impacts of the injury.
Construction accident cases often involve complex job sites with multiple companies and layers of responsibility. Determining who may be legally responsible requires a careful investigation of the work being performed, the safety equipment provided, and the parties involved in managing the project.
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Option 1
Workers’ CompensationFiled through your employer’s insurance carrier |
Option 2
Third-Party LawsuitFiled against the owner, contractor, or other liable party |
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|---|---|---|
| Fault Requirement | No fault required. Benefits are available regardless of who caused the accident. | Must show that a property owner, contractor, or other party violated NY Labor Law or was negligent. |
| Medical Expenses | Covers reasonable and necessary medical treatment related to the injury. | Covers all medical costs — including future treatment — without coverage limits. |
| Lost Wages | Covers approximately two-thirds of average weekly wages while unable to work. Subject to a weekly maximum. | Covers full lost earnings — past and future — without the wage cap that limits workers’ comp. |
| Pain & Suffering | ✗ Not available. Workers’ comp does not compensate for physical pain or emotional impact. | ✓ Fully recoverable. Compensation for the physical pain and emotional toll caused by the injury. |
| Future Loss of Earning Capacity | ✗ Limited. Partial disability benefits are capped and may not reflect the true long-term impact of a serious injury. | ✓ Full recovery available for loss of future earning capacity if the injury limits ability to return to work. |
| Who Pays | Your employer’s workers’ compensation insurance carrier. | The property owner, general contractor, subcontractor, or equipment manufacturer — and their insurers. |
| Can You Pursue Both? | ✓ Yes — in most construction accident cases, injured workers can pursue both at the same time. Workers’ comp provides immediate income and medical coverage while a third-party claim is built. If a third-party recovery is obtained, the workers’ comp carrier may assert a lien on a portion of that recovery. | |
How We Build Your Case
| 1 | Detailed Intake Meeting
We begin with a thorough meeting with the injured worker to gather information about the job site, the work being performed, the companies involved, and the circumstances that led to the accident. This foundation shapes everything that follows. |
| 2 | Job Site Investigation & Photography
We arrange for an investigator to visit and photograph the job site as soon as possible. Construction sites change quickly. Documenting scaffolding, ladders, equipment, and work areas early — before conditions are altered or removed — can be critical to the case. |
| 3 | Permits, Plans & Project Records
We obtain construction permits, building plans, and project documentation to identify every property owner, contractor, and subcontractor involved. These records reveal who controlled the work and who may have been responsible for maintaining safe conditions on the site. |
| 4 | Witness Statements & Site Documentation
Co-workers, supervisors, and others present on the job site may have observed the events leading up to the accident. We gather witness statements, photographs, and video recordings to build a clear picture of the conditions that existed at the time of the injury. |
| 5 | Expert Consultation
In appropriate cases, we consult construction safety experts who evaluate job site conditions and determine whether required standards were followed. Medical professionals establish the full extent of the injuries, while economists assess the long-term financial impact — building the complete picture needed to pursue full compensation. |
Compensation Available in Construction Accident Cases
A serious construction accident can affect nearly every part of a person’s life. Injured workers often face medical treatment, time away from work, and uncertainty about their financial future. When a construction accident is caused by unsafe conditions or violations of New York labor laws, injured workers may be entitled to recover compensation for the harm they have suffered.
Depending on the circumstances of the case, compensation may include:
Medical Expenses
Construction injuries often require extensive medical treatment. Compensation may include hospital care, surgery, rehabilitation, physical therapy, medications, and other necessary medical services related to the injury.
Lost Wages
Many construction injuries prevent workers from returning to work for extended periods of time. Compensation may include wages lost while recovering from the injury.
Future Loss of Earnings
Serious injuries can affect a person’s ability to return to their previous line of work. In these situations, compensation may include the loss of future earning capacity if the injury limits a worker’s ability to perform their job.
Pain and Suffering
New York law allows injured workers to seek compensation for the physical pain and emotional impact caused by a serious injury. These damages recognize the ways an injury can affect a person’s daily life, mobility, and overall well being.
Long Term Care and Rehabilitation
Some construction accidents result in injuries that require ongoing medical care or long term rehabilitation. Compensation may include the cost of future treatment and support needed as a result of the injury.
Construction accident cases often involve significant injuries and complex legal issues. Properly evaluating the full impact of an injury may require consultation with medical professionals, economists, and other experts who can help determine the long term consequences of the accident.
Were You Injured on a Long Island Construction Site?
New York Labor Law exists to hold negligent owners and contractors accountable. Understanding which provisions apply to your case can make a significant difference in the outcome of your claim.
How Our Long Island Construction Accident Lawyers Help Injured Workers
Suffering a serious injury on a construction site can be overwhelming. In addition to the physical recovery, injured workers are often dealing with medical appointments, lost income, and uncertainty about what steps to take next. Our role is to guide our clients through the legal process while building a strong case designed to achieve the best possible result.
At Palermo Law, our approach to construction accident cases is built around three priorities. We work to secure the maximum compensation available under the law, reduce the stress placed on our clients, and move the case forward efficiently without sacrificing the quality of the work required to prove the claim.
From the beginning of the case, we focus on identifying every potentially responsible parties and preserving important evidence from the job site. Construction projects often involve several contractors, subcontractors, and property owners. Determining who had responsibility for safety and supervision is necessary to be successful winning a claim.
Throughout the process, we maintain communication with our clients so they understand what is happening with their case and what steps are coming next. As medical treatment progresses, we continue gathering records, consulting with experts when necessary, and preparing the evidence needed to present a complete picture of the injury and its impact.
When the time is right, we pursue settlement discussions with the responsible parties and their insurance carriers. If a fair resolution cannot be reached, we prepare the case to be presented in court. Preparing every case thoroughly helps ensure that injured workers are in the strongest position possible when seeking compensation.
Our goal is to allow injured workers to focus on their recovery while we handle the legal work required to protect their rights and pursue the compensation they deserve.
Construction Accident Cases We Handle
Construction sites contain many potential hazards, particularly when safety procedures are not followed or proper equipment is not provided. Our Long Island construction accident lawyers represent workers and individuals injured in a wide range of construction related incidents.
Some of the most common cases we handle include:
Scaffold Accidents
Scaffolding is widely used on construction sites throughout Long Island. When scaffolds are improperly assembled, inadequately secured, or missing required safety protections, workers may face a serious risk of falling. These accidents often involve violations of New York Labor Law 240.
Ladder Falls
Ladders are one of the most frequently used pieces of equipment on construction sites. When ladders are defective, unstable, or used without proper safety measures, workers can suffer severe injuries from falls.
Falling Object Accidents
Construction work often takes place at multiple elevations. Tools, building materials, or equipment that are not properly secured can fall and strike workers below, causing serious head, neck, and spinal injuries.
Crane and Heavy Equipment Accidents
Large construction projects frequently involve cranes, lifts, and other heavy machinery. When this equipment is improperly operated or maintained, the risk of catastrophic injury increases.
Structural Collapses and Unsafe Work Areas
Some construction accidents occur because a structure, trench, platform, or work surface is not properly supported or maintained. These hazardous conditions can lead to serious injuries for workers performing their duties on the job site.
Construction accident cases often involve multiple companies working together on a project. Determining responsibility requires careful investigation and a clear understanding of New York’s construction safety laws.
Notable Construction Accident Case Results
$1.7
million
For a client who was injured from a construction accident
$975
thousand
for client injured in a construction site accident
$925
thousand
for a client injured in a construction site accident
$625
thousand
for a fractured leg from a construction accident
$612
thousand
for a client injured in a car accident caused by a construction site
$500
thousand
for a client injured from failed scaffolding
$440
thousand
for a construction worker who fell from a ladder
Contact a Long Island Construction Accident Lawyer
If you were injured in a construction accident on Long Island, you may be facing medical treatment, time away from work, and uncertainty about your financial future. Understanding your legal rights can make an important difference. Speaking with an experienced construction accident attorney can help you determine whether New York labor laws apply to your situation and what options may be available to pursue compensation.
At Palermo Law, we represent injured workers throughout Nassau County construction accident attorney and Suffolk County construction accident lawyer. Our firm has more than 25 years of experience, has recovered over $75 million for our clients, and has earned more than 400 five star Google reviews from individuals we have helped across Long Island. We are proud to have been recognized as Best Law Firm on Long Island five times, and we remain committed to helping injured clients move forward after a serious accident.
We offer free consultations, and there are no upfront fees. Our firm handles construction accident cases on a contingency fee basis, which means you do not pay legal fees unless compensation is recovered on your behalf.
You can meet with a member of our legal team at any of our 9 Long Island office locations:
- Babylon – serving the South Shore including West Babylon and Lindenhurst
- Carle Place – serving central Nassau including Westbury and Garden City
- East Hampton – serving the East End including Southampton and Bridgehampton
- Elmont – serving western Nassau including Valley Stream and Floral Park
- Hauppauge – serving central Suffolk including Smithtown and Commack
- Huntington – serving the North Shore including Huntington Station and Cold Spring Harbor
- Mineola – serving Nassau County including Garden City and Hempstead
- Patchogue – serving the South Shore including Medford and Bellport
- Riverhead – serving eastern Suffolk including Calverton and Aquebogue
If you are unsure where to start, contact us to schedule a consultation at the location most convenient for you. We will listen to what happened, explain your options clearly, and help you determine the next step.
Get Started Today“...knowledgeable and easy to work with.”
Steven Palermo was extremely professional and got me a settlement when I wasn’t even sure I had a case. His staff was very knowledgeable and easy to work with. Will definitely use them again if the need arises.
Sherri M.
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“My experience with this law firm was excellent.”
Steven Palermo went above and beyond his call of duty to make sure I was awarded all that I was entitled to. Mr Palermo’s staff was very professional and kind in such a tender time in my life. I highly recommend Mr. Palermo along with this law firm to all my friends and relatives. In fact I already have.
Gillean G.
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“...cannot be happier with our decision!”
Steven Palermo was referred to us from a friend and I cannot be happier with our decision. He worked hard to obtain a settlement to compensate for pain I had to undergo as a result of an accident. I will continue to refer anyone in need of a car accident attorney to this office! Thanks Palermo for everything!
James M.
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“All my expectations were met...”
Steve and his staff were very polite and diligent. I felt the human side of the business. They even came to my home to visit. Steven always told me the truth about my case. All my expectations were met, and I truly appreciate that!
Astrid C.
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FREQUENTLY ASKED QUESTIONS
What should I do immediately after a construction accident on Long Island?
Seek medical attention right away, even if injuries seem minor. Report the accident to your supervisor and request an incident report. Photograph the scene, equipment, and your injuries if possible. Collect witness contact information. Do not give recorded statements to insurance adjusters before speaking with a construction accident attorney.
Who can be held liable for a construction accident in New York?
Under New York Labor Law, property owners and general contractors can be held liable for construction accidents, even if they did not directly employ the injured worker. Subcontractors, equipment manufacturers, and construction managers may also share responsibility depending on who controlled the work and the conditions that caused the injury.
What is the Scaffold Law and how does it protect injured workers?
New York Labor Law 240, known as the Scaffold Law, imposes absolute liability on property owners and general contractors when workers are injured in falls from heights or by falling objects. If proper safety equipment such as scaffolds, harnesses, or ladders was not provided or failed, the responsible parties can be held fully liable for the worker’s injuries.
Can I file a lawsuit if I am receiving workers’ compensation benefits?
Yes. Workers’ compensation covers medical expenses and a portion of lost wages but does not compensate for pain and suffering. If a third party such as a property owner, general contractor, or equipment manufacturer contributed to your accident, you may pursue a separate personal injury claim in addition to receiving workers’ compensation benefits.
How long do I have to file a construction accident lawsuit in New York?
In most New York construction accident cases, the statute of limitations is three years from the date of the injury. However, if a government entity owns the property where the accident occurred, a Notice of Claim must be filed within 90 days. Missing these deadlines can permanently bar your right to recover compensation.
What compensation can I recover after a construction accident?
Injured construction workers may recover compensation for uncovered medical expenses, lost wages, future loss of earning capacity, pain and suffering, and long-term rehabilitation costs. In third party claims, compensation is not limited the way workers’ compensation benefits are, allowing for a more complete recovery for serious or permanent injuries.
Does the homeowner exception affect my construction accident claim?
New York law exempts owners of one- and two-family homes from liability under Labor Law 240 and 241 if they did not direct or control the work. However, this exception does not apply when the work was performed for commercial purposes or when the homeowner actively supervised the project. Each case requires a careful review of the facts.
Can undocumented workers file a construction accident claim in New York?
Yes. New York Labor Law protections apply to all workers on a construction site regardless of immigration status. Undocumented workers are entitled to pursue claims under Labor Law 240, 241(6), and 200, and may also be eligible for workers’ compensation benefits. Immigration status cannot be used to reduce or deny compensation for a work-related injury.
How does Palermo Law investigate construction accident cases?
Our team begins by meeting with the injured worker to gather details about the job site, the work being performed, and the companies involved. We arrange for an investigator to photograph the scene, obtain permits and project records, collect witness statements, and consult construction safety experts when needed to establish how the accident occurred and who is responsible.
Does Palermo Law offer after-hours appointments for construction accident clients?
Yes. Palermo Law offers after-hours appointments at all nine of our Long Island office locations in Babylon, Carle Place, East Hampton, Elmont, Hauppauge, Huntington, Mineola, Patchogue, and Riverhead. We understand that injured workers and their families cannot always meet during standard business hours and we accommodate your schedule.
Does Palermo Law charge upfront fees for construction accident cases?
No. Palermo Law handles construction accident cases on a contingency fee basis, which means there are no upfront costs and no legal fees unless compensation is recovered on your behalf. Your initial consultation is free. You pay nothing to get started, and our fee comes only from the compensation we recover for you.
Why should I choose Palermo Law for my Long Island construction accident case?
Palermo Law has represented injured workers across Nassau and Suffolk Counties for more than 25 years, recovering over $75 million for our clients. Our firm has earned more than 400 five-star Google reviews and has been recognized as Best Law Firm on Long Island five times. With 9 offices and after-hours availability, experienced help is always close to home.

