Are you looking for a construction accident lawyer in Queens, NY?
Construction accident lawyers with 30+ years of experience in Queens and the surrounding area.
If you were injured on a Queens construction site, understanding your legal options early can significantly affect the outcome of your case. Our Queens, NY construction accident lawyer at Polsky, Shouldice & Rosen, P.C. has represented injured construction workers throughout New York for over 30 years. Reach out to our office for a free initial consultation.
Construction Accident Lawyer Queens, NY
Construction is consistently one of the most dangerous industries in New York. Workers operate at heights, alongside heavy equipment, in excavations, and near active electrical systems, often under time pressure and changing site conditions. When an accident occurs, the injuries tend to be severe: spinal cord damage, traumatic brain injuries, broken bones, crush injuries, and, in the worst cases, fatalities.
In New York, injured construction workers may have access to more than one avenue for recovery. Workers' compensation provides medical benefits and wage replacement through your employer's insurance, regardless of fault. A separate third-party claim may also be available when a general contractor, property owner, subcontractor, or equipment manufacturer caused or contributed to the accident, and that claim can allow recovery for losses workers' comp does not cover, including pain and suffering.
Understanding which claims apply to your situation, and how pursuing one affects the other, is one of the most consequential questions in any Queens construction accident case. Our attorneys have handled both tracks for over 30 years and know how to coordinate them from the outset.
Types of Construction Accident Cases We Handle in Queens
Construction sites present a wide range of hazards. The most serious construction injuries in New York tend to result from a recognizable set of causes:
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- Falls from heights. Falls from scaffolding, ladders, rooftops, and elevated platforms are a leading cause of construction worker fatalities. These are among the most frequently litigated cases in New York.
- Scaffolding accidents. Failures from improper assembly, inadequate maintenance, or overloading cause serious injuries. These incidents often raise questions about which contractor is responsible.
- Slip and falls. Mud, water, concrete dust, and construction debris create hazardous walking surfaces. Slip and fall injuries at Queens work sites result in fractures, spinal injuries, and head trauma with regularity.
- Struck-by accidents. Workers struck by falling tools, swinging equipment, or displaced materials suffer traumatic injuries. Physical barriers and overhead protection are required on job sites to prevent these incidents.
- Equipment and machinery accidents. Forklifts, cranes, mixers, and power tools cause serious injuries when they malfunction or are used without proper safeguards.
- Electrocution. Contact with exposed wiring, inadequately grounded equipment, or overhead power lines causes serious injuries and fatalities on Queens job sites.
- Trench collapses. Excavation work poses acute risks of cave-in. When proper shoring, sloping, or other protective systems are absent or inadequately installed, the results can be fatal.
- Falling objects. Tools, lumber, hardware, and other materials dropped from elevated work areas cause traumatic head injuries and crush injuries that can have permanent consequences.
- Occupational disease and toxic exposure. Renovation and demolition workers may encounter asbestos, lead, silica, or other hazardous materials. Long-latency illnesses from these exposures may be compensable.
Why Choose Polsky, Shouldice & Rosen, P.C. as My Construction Accident Lawyer in Queens, NY?
Three Decades of Representing Injured Workers in New York
Donald Shouldice has practiced workers' compensation law in New York since 1992. He serves on the Board of Directors of the Workers' Compensation Alliance and is a former Board Member of the NY Workers' Comp Bar Association. His advocacy work includes regular meetings with state legislators in Albany to advance improvements to New York's workers' compensation system.
Mark Polsky has been admitted to the New York Bar since 1987 and serves as President of the Nassau County Bar Association Workers' Compensation Committee. He is also a former Board Member of the Society of New York Workers' Compensation Bar Association and received a Humanitarian Award for his long-term service to union members across the region.
Our firm focuses exclusively on workers' compensation law. Construction cases in Queens often involve both workers' comp and potential third-party liability. A workers' compensation lawyer in Queens, NY who handles both tracks understands how they interact.
Experience Built Through Decades of Consistent Practice
Our firm has handled workers' compensation and construction accident matters throughout Queens and New York for more than 30 years. Our attorneys have appeared before the Board in countless proceedings and worked with independent medical examiners at every level. We have helped workers seek compensation benefits after some of the most serious construction accidents in the region.
Understanding Construction Accident Cases
Damages, Liability, and Compensation for Construction Accident Cases
Injured construction workers in New York may have access to two avenues for recovery. Workers' compensation covers medical expenses and wage replacement without proof of negligence. A third-party claim, available when a property owner, contractor, or equipment manufacturer contributed to the accident, allows recovery for pain and suffering and other losses workers' comp does not cover.
If a third-party recovery results, the workers' comp carrier may assert a lien on that recovery for benefits already paid, which makes coordination between both tracks important.
Depending on your situation, compensation may include:
- Medical expenses and future care costs
- Lost wages and reduced earning capacity
- Schedule loss of use awards through workers' comp
- Pain and suffering in a third-party claim
- Death benefits for surviving dependents
What Are Important Aspects of a Construction Accident Case?
General contractors, subcontractors, property owners, and equipment suppliers each play different roles on a Queens job site, and that structure affects who may be liable. Safety violations documented by OSHA or witnesses may be relevant to a third-party claim.
Whether a claim gets denied often depends on what documentation exists from the day of the accident. A prompt incident report and immediate medical treatment are the foundation of a strong case.
New York law establishes specific time limits for construction accident claims:
- Workers' compensation: notify your employer within 30 days; file a C-3 form with the NY Workers' Compensation Board within two years of the accident or date of diagnosis
- Third-party personal injury: the statute of limitations is generally three years from the date of injury under New York Civil Practice Law and Rules
What Is the Construction Accident Case Timeline?
A general sequence in most Queens construction accident cases looks like:
- You receive emergency medical care immediately following the accident
- You report the injury to your employer in writing as soon as possible
- Your attorney evaluates whether workers' comp, a third-party claim, or both are available
- The workers' comp claim is filed with the Board; the third-party claim may be filed in civil court
- Both tracks proceed with discovery, medical evaluations, hearings, and negotiations
- Cases resolve through Board decisions, settlements, or trial depending on the track
Cases with serious or permanent injuries can run for years. Understanding what to ask a construction accident lawyer before committing to representation can help you evaluate your options.
What Should You Bring to Your Construction Accident Consultation?
Come prepared with:
- A description of the accident, the worksite address, and the names of contractors on site
- Any photographs or videos taken at the scene
- Your employer's name and, if available, the name of their workers' comp insurance carrier
- Medical records from any treatment you have already received
- Incident reports filed by your employer or the general contractor
Bring what you have. Construction accident costs are a common concern; we will discuss fee arrangements during your consultation.
What Are Important New York Legal Resources for Construction Accident Cases?
These resources provide useful background on both workers' compensation and construction safety:
- OSHA's Construction Industry page covers safety standards, hazard information, and worker protections specific to the construction trades
- The NY Workers' Compensation Board provides an overview of the claims process for injured workers
- National construction injury and fatality data is available through BLS Injuries and Illnesses
- New York Workers' Compensation Law is accessible in full at the NY State Legislature website
- The OSHA workers page covers federal workplace safety rights applicable to construction employees across New York
Under New York Workers' Compensation Law, injured workers must notify their employer within 30 days of the accident and file a claim with the Board within two years. For third-party personal injury claims arising from a construction accident, the statute of limitations is generally three years from the date of injury under New York Civil Practice Law and Rules.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
A construction accident can change your life quickly. Polsky, Shouldice & Rosen, P.C. offers free initial consultations for injured workers and construction accident victims throughout Queens and the New York region. We will assess your situation, explain whether a workers' comp claim, a third-party claim, or both may apply, and outline what the process ahead involves. Our office responds to new inquiries promptly. Contact us to schedule your free consultation.
