NYS poll finds growing support for prosecuting staged-accident fraud, Scaffold Law reform

A large majority of New York voters, and an even higher percentage of Long Islanders, support strengthening prosecutions of staged-accident fraud and reforming the Scaffold Law, an only-in-New York law that holds property owners and contractors responsible for all falls on construction sites, according to a new poll released Wednesday.

The statewide survey of 600 likely 2026 general-election voters — including 106 on Long Island — was commissioned by the Empire Center for Public Policy, a conservative-leaning think tank based in Albany, and found growing support for prosecuting fraud collaborators, such as doctors that perform unnecessary surgeries on staged-accident participants.

"Voters are ready for Albany to take a serious look at New York’s liability laws, which our research shows are drastically out of step with the rest of the country and drive up costs throughout the economy," said Zilvinas Silenas, president and chief executive of the Empire Center for Public Policy, which is funded by donations from individuals, foundations and businesses. "There is overwhelming support for restoring fairness, cracking down on abuses, and removing unsavory financial incentives from the civil justice system. Across political and demographic divides, New Yorkers agree that liability reform belongs on the agenda to help make the state more affordable and competitive."

Support for Scaffold Law reform

Newsday has reported — for more than 18 months — on the vast, interconnected network of lawyers, doctors and victims, often newly arrived immigrants, who authorities contend stage accidents, whether on the road, on construction sites or on city sidewalks, fabricating injuries and subjecting themselves to unnecessary surgeries to collect large payouts.

But supporters of the Scaffold Law, including some labor unions and the state Trial Lawyers Association, argue that the measure's "absolute liability" standard protects low-wage workers on some of the most dangerous job sites in the nation by holding employers and property owners liable for unsafe conditions.

More than two-thirds of New Yorkers polled support reforming the 140-year-old Scaffold Law, which critics contend has caused insurance costs to skyrocket 500% higher than in other states, while the figure was nearly 70% on Long Island.

Meanwhile, just under 80% of New Yorkers, and almost 85% of Long Islanders, believe that workers who ignore repeated safety instructions on job sites should not be able to recover damages, the poll showed.

New Yorkers, the survey indicates, also support cracking down on staged auto accidents and those who enable the fraudulent claims, including drivers, passengers, organizers and medical facilities.

Nearly 95% of New Yorkers, and almost 98% of Long Islanders, want prosecutors to target the individuals who intentionally stage crashes and fabricate injuries in an effort to collect damages from insurance companies, the poll shows.

In addition, more than 92% of those polled statewide, and 94% of those in Nassau and Suffolk, want prosecutions to include collaborators, including those who produce fake medical diagnoses.

State regulators have revoked the ability of at least two Long Island surgeons allegedly involved in the scheme to treat patients with workers’ compensation claims.

'Need for change'

And earlier this year state lawmakers passed sweeping changes proposed by Gov. Kathy Hochul that cap damages and enable prosecutors to seek criminal penalties against any individual involved in auto fraud.

Hochul, who has said the state received 43,000 suspicious reports related to auto insurance fraud in 2025 — an 80% increase from five years earlier — contends the changes will lower auto insurance rates by as much as 80%.

"While trial lawyers and lawsuit funders cash in on an out-of-control litigation system, New York families are left paying more for everything — healthcare, housing, groceries and transportation," said Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York. "The public clearly sees the need for change. Lawmakers should take that message to heart, break from the status quo and build on Gov. Hochul’s auto liability reforms when they return to Albany."

The survey also found broad opposition to third-party litigation funding arrangements, in which outside investors finance lawsuits in exchange for a portion of any recovery, and against pain-and-suffering awards for impaired drivers who are injured while fleeing from police.

A majority of respondents also said they do not want New York to be a "friendly" venue for lawsuits while only 11% believe the state's civil justice system is fair to both sides.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.