Helping Victims of Construction Accidents in Queens, NY

Construction projects are underway in various parts of Queens, and the construction industry in New York continues to grow. Indeed, the Office of the New York State Comptroller reported that construction employment grew by 30 percent between 2010 and 2018, and construction work continues to expand across New York City’s boroughs. In New York City specifically, construction jobs rose by 40 percent during that same period. While construction work can be lucrative, it also poses many different types of injury risks. 

When a construction worker is injured or killed on the job, it is critical to understand how to file a claim for compensation and to seek accountability. An experienced Queens construction accident attorney at our firm can assess your case today and discuss your options for filing a claim for financial compensation.

Getting the Facts About Construction Accident Injuries

Construction has the potential to be a very dangerous industry—particularly if the proper safety measures are not taken. How do most construction accidents happen, and how frequently do they occur? According to data from the Occupational Safety and Health Administration (OSHA), more than one in five workplace fatalities nationwide happen in the construction industry. Many thousands of construction workers are hurt or killed in New York each year. 

The following facts and figures come from the Occupational Safety and Health Administration (OSHA), the Bureau of Labor Statistics (BLS), and the New York Committee for Occupational Safety and Health (NYCOSH):

  • New York City construction accident deaths have increased in recent years while deaths in New York State more broadly have decreased;
  • In 2019, 24 construction workers were killed in New York City, which represented a 10 percent increase from the previous year;
  • Falls are the most common cause of construction accident injuries and deaths, including falls from heights and slips and falls at ground level;
  • Electrocutions, struck-by accidents, and caught-in or caught-between accidents are the next most common cause of fatal injuries on construction sites;
  • More than 1,000 workers are killed in construction accidents nationwide each year, accounting for approximately 20 percent of all workplace fatalities; and
  • OSHA cites fall protection violations as the most frequently cited safety issue on construction sites, followed by problems with hazard communication standards, respiratory protection, scaffolding safety, ladder safety, general safety training, and violations of machine safety requirements.
A workers’ compensation claim is generally the sole legal remedy that an injured construction worker has against their own employer. However, a construction worker who was hurt on the job always retains the right to file a lawsuit directly against a negligent third party. 

Filing a Workers’ Compensation Claim for a Queens Construction Accident Injury

When a construction worker is injured on the job, that worker (or his or her family member in the event of a fatal injury) may be able to file a workers’ compensation claim through the New York workers’ compensation system in order to receive compensation for medical bills and for a portion of lost wages. When a fatal injury occurs on a construction site, a surviving family member of the worker, such as a spouse or child, may be eligible to obtain death benefits. 

While workers’ compensation benefits are an exclusive remedy for most types of workplace injuries, accidents that happen on construction sites are different when they result from an employer’s negligence. In addition to seeking workers’ compensation benefits, the injured worker may also be eligible to file a lawsuit against the negligent employer under New York Labor Law.

Third Party Liability Claims: Know the Basics

In some ways, workers’ compensation insurance can be thought of as a “grand bargain.” A construction worker who is hurt on the job in New York can obtain workers’ comp benefits regardless of whether or not their employer caused their accident. Workers’ comp offers no-fault benefits. In exchange for these benefits, workers’ comp is an exclusive remedy. Injured construction workers generally cannot sue their own employer. 

That being said, there is no restriction on a construction worker’s ability to take legal action against any party other than their own employer. A third party liability claim is a personal injury lawsuit filed against a negligent party other than one’s own employer. Notably, these are not either/or legal claims. An injured construction worker can file for workers’ comp benefits and bring a third party liability claim. 

Which Third Parties May Bear Liability for a Construction Accident in New York?

A number of different parties could potentially be held liable through a third party construction accident claim in New York. Some notable examples of non-employer parties that may bear legal fault for a construction accident in New York City include: 

  • Property owners;
  • Developers;
  • Contractors;
  • Subcontractors; and
  • Equipment manufacturers. 

It is important to re-emphasize that third party liability construction accident claims are fault-based cases. You must prove the defendant’s negligence (fault) in order to impose liability and recover financial compensation. 

Additional Compensation May Be Available through a Third Party Liability Claim 

For injured construction workers, filing a third party liability claim can be beneficial because additional financial compensation may be available. You can seek financial support for the full value of your damages, including medical bills, lost wages, loss of long-term ability to earn, pain and suffering, permanent disability, and the wrongful death of a family member. 

Construction Accident Lawsuits and Employer Liability Under New York Labor Law

New York Labor Law allows construction workers to sue employers for negligence when that negligence results in a construction site injury. It is important to know that New York is unique in allowing injured construction workers to sue employers for negligence. In most places, a construction worker who is injured on the job will only be able to seek workers’ compensation benefits and will not be able to sue an employer for negligence. However, New York Labor Law expressly allows lawsuits based on negligence in construction.

The three applicable sections of New York Labor Law include:

  • § 200: This section involves a general duty to protect the health and safety of employees, and it allows construction workers in many different types of accidents resulting from an employer’s negligence.
  • § 240: This section of New York Labor Law is often known as the “Scaffold Law” because it allows construction workers to hold employers liable for negligence in scaffolding safety when an accident occurs. The statute reads: “All contractors and owners and their agents . . . in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure shall furnish or erect . . . scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed, and operated as to give proper protection to a person so employed.”
  • § 241: This section of New York Labor law allows injured construction workers in Queens to hold employers accountable for negligence in various types of excavation and demolition work on construction sites.

Contact Our Queens Construction Accident Attorneys Today

If you or someone you love got hurt on a Queens construction site, you may be able to file a claim for financial compensation. An experienced Queens construction accident lawyer can help. Contact the Law Offices of Gary E. Rosenberg, P.C. online or by phone at 718-520-8787.