Queens Construction Accident Lawyer
The most common misconception workers carry after a construction site injury is that filing a workers’ compensation claim is their only option. Many injured workers in Queens accept a modest payout, return to work before they are ready, and never realize they left significant compensation on the table. The truth is that New York’s construction safety laws, particularly Labor Law Sections 200, 240, and 241, create powerful avenues for recovery that go far beyond what workers’ comp alone provides. If you were hurt on a job site, a Queens construction accident lawyer can help you identify every legal claim available to you and pursue the full value of what you have suffered.
Why New York Construction Law Is Unlike Any Other State
New York stands apart from virtually every other state in the country when it comes to construction accident liability. The Scaffold Law, formally codified as Labor Law Section 240, imposes absolute liability on property owners and general contractors for elevation-related injuries. That means if a scaffold collapses, a ladder shifts, or a worker falls from an elevated surface, the owner and contractor can be held fully responsible regardless of whether the injured worker contributed to the accident in any way. Comparative negligence, a defense that reduces a victim’s recovery in most states based on their share of fault, does not apply to Section 240 claims. This is an extraordinary protection that exists nowhere else in the country.
Labor Law Section 241(6) extends similar protections to a broader range of site hazards. Under this provision, workers injured due to violations of the New York Industrial Code can hold owners and general contractors liable even when those parties had no direct role in the specific task being performed. Section 200 covers general negligence, applying to situations where a dangerous condition on a site causes injury and the controlling party knew or should have known about it. Together, these three statutes form a framework that gives injured construction workers in Queens genuinely powerful legal rights.
Understanding which statute applies to your situation requires a careful review of the facts. Was your injury caused by a fall from height, a falling object, dangerous equipment, or a hazardous site condition? The answer determines which legal theory will carry your case, and in many situations, all three statutes may apply simultaneously. That layered approach to liability is exactly why an experienced construction accident attorney can often recover far more than a workers’ compensation settlement alone would provide.
The Most Dangerous Job Sites and Accidents in Queens
Queens is one of the most active construction markets in the entire city. Major infrastructure projects along the Long Island Expressway corridor, high-rise residential development in Long Island City and Astoria, commercial build-outs near Jamaica Avenue, and public works projects connecting to JFK International Airport keep construction crews working year-round throughout the borough. With that level of activity comes an elevated rate of serious injury. According to the most recent available data from the New York State Department of Labor, the construction industry consistently accounts for one of the highest rates of fatal and severe non-fatal injuries among all employment sectors statewide.
Scaffold accidents are among the most catastrophic events on any site. A collapse, a broken plank, or an improperly erected frame can send a worker falling dozens of feet onto concrete or into dangerous machinery below. Ladder falls remain a persistent problem, particularly on interior renovation projects where ladders are set up quickly and moved frequently. Falling objects, including tools, debris, and unsecured building materials, strike workers below without warning and can cause traumatic brain injuries, spinal damage, and fractures. Forklift accidents, trench collapses, crane failures, and electrocution incidents round out the most serious categories of construction injuries seen across Queens job sites each year.
Cohan Law Firm has represented workers injured in all of these circumstances. The firm’s practice covers scaffold accidents, ladder falls, crane collapses, trench and excavation accidents, electrocution, and forklift incidents. These are not theoretical categories. They represent real accidents that happen to real people who were simply doing their jobs and trusted that someone else had taken responsibility for site safety.
Workers’ Compensation vs. Third-Party Claims: A Critical Distinction
Workers’ compensation in New York provides limited but guaranteed benefits. Injured workers receive coverage for medical treatment and a portion of lost wages without needing to prove anyone was negligent. However, workers’ comp does not compensate for pain and suffering, and it caps wage replacement at a fraction of full earnings. For workers who suffer serious injuries, those limitations can create real financial hardship over the long term, especially when recovery stretches for months or years.
Third-party claims operate on a completely different basis. When a property owner, general contractor, subcontractor, equipment manufacturer, or another party outside the direct employer relationship caused or contributed to your injury, you may be entitled to bring a separate personal injury lawsuit. This claim exists alongside your workers’ compensation case, not in place of it. A successful third-party action can recover compensation for medical expenses, the full value of lost earning capacity, pain and suffering, and the impact the injury has had on your daily life and relationships.
The interaction between these two systems is where many injured workers lose money by acting without proper legal guidance. An experienced attorney structures both claims strategically, ensuring that any workers’ comp lien is properly addressed and that the third-party recovery is maximized. Cohan Law Firm handles both sides of this equation and has recovered over $100 million for accident victims across New York City, including construction workers whose cases involved exactly this dual-track approach.
Head, Spine, and Catastrophic Injuries Common on Construction Sites
Construction accidents are not minor events. When a worker falls from a scaffold in Long Island City or is struck by a crane load in Jamaica, the resulting injuries are often life-altering. Traumatic brain injuries can affect memory, personality, concentration, and the ability to return to any form of meaningful work. Spinal cord injuries may produce partial or complete paralysis. Fractures to the pelvis, femur, or vertebrae require surgeries, extended rehabilitation, and in many cases, permanent limitations on physical activity.
Burns and electrocution injuries cause scarring, nerve damage, and organ complications that follow victims for the rest of their lives. Amputations resulting from machinery accidents require prosthetics, adaptive devices, and substantial psychological support. These are the cases where the difference between an adequate settlement and a fully litigated verdict can mean the difference between financial survival and ruin for an injured worker and their family.
Cohan Law Firm treats catastrophic injury cases with the serious resources they demand. The firm works with medical experts, vocational consultants, and life care planners to build a complete picture of the long-term costs your injury will impose. That foundation of documented evidence supports a claim that reflects not just your current condition but everything you will face in the years ahead.
What Happens When You Act Quickly vs. When You Wait
New York imposes a three-year statute of limitations for personal injury claims under Labor Law, but critical evidence begins disappearing within days of an accident. Scaffold systems get reconfigured. Damaged equipment gets replaced. Witnesses’ memories fade. Site conditions are remediated before anyone documents them. In cases involving city-owned property or city-contracted work, a Notice of Claim must be filed within just 90 days. Missing that deadline permanently eliminates your ability to pursue the city as a defendant.
Workers who contact an attorney quickly give their legal team the chance to visit the site, preserve photographic evidence, obtain the daily site logs, and interview witnesses while their accounts are fresh. Workers who wait, often because they are focused on medical treatment and assume the legal process can happen later, frequently find that the strongest pieces of their case have vanished. The contrast in outcomes between those two groups is not subtle. Cases built on strong, preserved evidence routinely produce substantially higher recoveries than cases assembled from fragmentary records months after the fact.
At Cohan Law Firm, the team operates on a no-win, no-fee basis. There is no upfront cost to get started, and the firm covers case expenses throughout the litigation. The priority is your recovery, while the attorneys handle the legal battle.
Queens Construction Accident FAQs
Can I sue my employer for a construction accident in New York?
Generally, workers’ compensation law prevents direct lawsuits against your direct employer. However, you may have strong claims against property owners, general contractors, and other parties on the site who are not your direct employer. These third-party claims are often where the most significant compensation is recovered in New York construction accident cases.
What is the Scaffold Law and how does it affect my case?
New York’s Scaffold Law, Labor Law Section 240, holds property owners and general contractors strictly liable for elevation-related injuries on construction sites. Unlike most personal injury claims, the injured worker does not need to prove that the owner or contractor was negligent in the traditional sense. The law imposes absolute responsibility, making it one of the most powerful protections available to construction workers anywhere in the United States.
What if I was partially at fault for the accident?
Under Section 240 claims, comparative fault is not a defense, meaning your own conduct generally cannot be used to reduce your recovery. For other types of construction claims, New York follows a pure comparative negligence rule, which means your recovery is reduced in proportion to your share of fault but is not eliminated even if you were substantially responsible for the accident.
How long do I have to file a construction accident lawsuit in Queens?
For most construction accident claims against private parties, the statute of limitations is three years from the date of injury. If your case involves a municipality or city agency, you must file a Notice of Claim within 90 days. Given how quickly evidence disappears on active job sites, contacting an attorney as soon as possible after your injury is strongly advisable.
What compensation can I recover beyond workers’ comp?
A successful third-party construction accident lawsuit can recover compensation for full lost wages and future earning capacity, medical expenses, the cost of future care, pain and suffering, and loss of enjoyment of life. These categories of damages are not available through workers’ compensation alone, which is why understanding the full scope of your legal options matters so significantly to the financial outcome of your case.
Does Cohan Law Firm charge upfront fees for construction accident cases?
No. Cohan Law Firm handles construction accident cases on a contingency fee basis, meaning there are no upfront costs and no legal fees unless the firm recovers compensation for you. The firm also advances case expenses during litigation.
Where are construction accident cases filed in Queens?
Most construction accident lawsuits in Queens are filed in Queens County Supreme Court, located at 88-11 Sutphin Boulevard in Jamaica. Depending on the nature of the claim and the defendants involved, cases may also be filed in federal court or in other jurisdictions. An experienced attorney will determine the most advantageous venue for your specific case.
Serving Throughout Queens
Cohan Law Firm represents injured construction workers across the full breadth of Queens, from the dense residential neighborhoods of Astoria and Jackson Heights near the elevated subway lines to the rapidly developing waterfront areas of Long Island City and Hunters Point. The firm serves clients in Flushing, where major commercial and mixed-use construction projects have accelerated in recent years, as well as Jamaica, Springfield Gardens, and the communities surrounding JFK Airport where infrastructure work is ongoing. Workers injured in Woodside, Sunnyside, Ridgewood, Forest Hills, and Bayside all have access to Cohan Law Firm’s representation. The firm also serves clients from Ozone Park, Howard Beach, and the Rockaway Peninsula, where construction along the waterfront and in flood-recovery zones has continued to expand.
Contact a Queens Construction Injury Attorney Today
Cohan Law Firm has recovered over $100 million for accident victims across New York City, and the firm brings that same commitment to every construction accident case it handles in Queens. Workers who act quickly, preserve evidence, and retain a skilled Queens construction injury attorney consistently recover more than those who wait, accept an early settlement offer, or attempt to handle the process on their own. The injuries are serious. The legal process is complex. And the difference in outcomes is real. Reach out to Cohan Law Firm today for a free and confidential consultation. The firm is here for you, and the team will call you. Hablamos Español.