Queens Construction Accident Lawyer

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:

• • 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.

Construction Accident Statistics in Queens

Queens is one of the most active construction markets in New York City, and that volume carries persistent risk for workers. According to the NYC Department of Buildings, Queens recorded 44 construction incidents involving injury or fatality in 2025 and 93 in 2024. The borough ranks consistently among the highest for construction-related harm citywide.

The broader citywide and statewide numbers add context:

• New York City reported 638 total construction incidents in 2024, a nine-year low, but those incidents still produced 482 injuries and 7 fatalities on building construction sites according to DOB enforcement data
• Worker falls accounted for roughly 51% of all construction-related incidents citywide through 2025, per DOB summary reports
• Across New York State, 55 construction workers died on the job in 2024, according to the NYCOSH Deadly Skyline report
• Among OSHA-investigated construction fatalities statewide in 2024, 81% of the workers who died were non-union
• The NIOSH Construction Program identifies falls, struck-by incidents, electrocutions, and caught-in/between accidents as the leading causes of construction deaths nationally. These four hazard categories, known as the fatal four, account for the majority of fatal injuries on job sites each year

Even in years where incident totals decline, the severity of construction injuries remains high. Spinal damage, traumatic brain injuries, and amputations are common outcomes on Queens job sites. And the workers most likely to be harmed are often the least protected. A construction accident attorney in Queens, NY can evaluate both your workers' comp claim and any third-party liability that may apply to your case.

Mistakes That Can Damage Your Construction Accident Claim

The days and weeks after a construction accident matter more than most workers realize. Certain mistakes can weaken or eliminate your avenues for recovery. As construction accident lawyers in Queens, NY, we see these regularly.

1. Failing to report the injury right away. New York law requires you to notify your employer within 30 days. But waiting even a few days gives the insurance carrier room to question your timing and whether the injury is work-related. Report it in writing the same day if you are physically able. An email or text message with the date, location, and nature of the injury creates a record that is difficult to dispute later. Workers who understand their rights after an injury are less likely to make this mistake.

2. Not getting medical treatment immediately. A gap between the date of your accident and your first medical visit creates problems. Insurance doctors will argue the delay shows your injuries were not serious. Same-day treatment creates a medical record that directly ties your condition to the accident.

3. Giving a recorded statement without legal counsel. Insurance adjusters for general contractors and property owners may contact you quickly after an incident. Their job is to document statements that limit the value of your claim. What you say can be taken out of context or used to assign blame. You are not required to provide a recorded statement without your attorney present, and in most cases you should not.

4.  Posting about the accident or your recovery on social media. Photographs, check-ins, and casual comments about how you are feeling can be pulled into evidence. If a post suggests you are more active than your medical records indicate, the carrier will use it.

5. Not documenting site conditions. Photographs of the scaffolding, equipment, debris, or hazard that contributed to your injury are critical. Once a site is cleaned or work resumes, that evidence disappears. Proper case documentation is one of the most important steps you can take.

6.  Assuming workers' compensation is your only option. Many Queens construction workers do not realize that a separate third-party claim may be available when a property owner, general contractor, or equipment supplier contributed to the accident. Workers' comp does not cover pain and suffering. A third-party claim can.

7. Missing filing deadlines. Workers' compensation requires a C-3 form filed with the Board within two years of the accident or date of diagnosis. Third-party personal injury claims carry a three-year statute of limitations under New York law. These deadlines are strict. Missing either one can permanently bar your claim, regardless of how strong the evidence is.

8.  Settling too quickly. Injuries from construction accidents sometimes require years of treatment. A Section 32 settlement may seem appealing early on, but accepting one before you fully understand the long-term medical picture can leave you without the resources you will need.

Queens, NY Construction Accident Lawyer FAQs

How much does a construction accident lawyer in Queens cost?

Polsky, Shouldice & Rosen, P.C. offers free initial consultations for construction accident cases in Queens. Workers' compensation matters are handled on a statutory fee basis set by the Workers' Compensation Board. Fees come from a portion of awards, so you do not pay upfront.

How long do I have to file a construction accident claim in Queens?

For workers' compensation, you must notify your employer within 30 days and file a C-3 form with the Board within two years. Third-party personal injury claims generally must be filed within three years of the date of injury under New York Civil Practice Law and Rules.

Can I file both a workers' comp claim and a lawsuit after a construction accident?

Yes. Workers' comp and third-party claims address different types of losses. Workers' comp covers medical expenses and wage replacement regardless of fault. A third-party claim against a property owner or contractor can provide compensation for pain and suffering, which workers' comp does not cover.

What if my employer does not have workers' comp insurance?

New York law requires nearly all employers to carry workers' compensation coverage. If your employer is uninsured, you can file a claim through the Uninsured Employers Fund administered by the Workers' Compensation Board.

Do I need a lawyer for a construction accident claim?

You are not required to hire an attorney. But construction accident cases in Queens routinely involve multiple contractors, disputed liability, and carriers working to minimize payouts. An experienced workers' comp lawyer can identify claims you may not know you have and coordinate both tracks from the start.

What evidence is most important in a construction accident case?

The strongest cases are built on same-day medical records, photographs of the accident scene, the written incident report, and witness statements. OSHA inspection records documenting violations at the site can also support a third-party claim.

How long does a Queens construction accident case take?

It depends on the severity of your injuries and whether liability is disputed. Workers' comp hearings can begin within months of filing. Third-party claims that go to trial may take several years.

What types of compensation can I receive?

Through workers' comp, you may receive medical expense coverage, lost wage benefits, and schedule loss of use awards. A third-party claim may provide additional recovery for pain and suffering, reduced earning capacity, and future medical costs.

Can undocumented workers file a construction accident claim in Queens?

Yes. New York workers' compensation law covers employees regardless of immigration status. If you were injured on a construction site in Queens, NY, you have the same right to file a claim and receive benefits as any other worker.

What should I do if my claim is denied?

A denial is not the end of your case. You have the right to request a hearing before the Workers' Compensation Board. Our attorneys have appeared at the Board in disputed injury claims across Queens and throughout New York and can represent you through the hearing and appeals process.

Important Resources for Queens Construction Accident Cases

Most Dangerous Locations for Construction Accidents in Queens

NYC Department of Buildings data shows that certain Queens neighborhoods produce a disproportionate share of construction accidents, driven by the scale of active development.

High-incident neighborhoods:

• Long Island City. Accounts for the largest concentration of construction incidents in Queens, driven by ongoing high-rise residential and commercial development along the waterfront
• Flushing. A major development corridor with mixed-use and residential projects producing frequent on the job injuries
• Jamaica. Infrastructure and commercial construction activity generates ongoing incident reports
• Astoria. Renovation work and mid-rise construction in an established residential area contribute to the borough's incident totals

Highways and corridors with elevated construction hazard:

• Queens Boulevard, where roadway and infrastructure work creates hazards alongside moving traffic
• Northern Boulevard, a corridor with active commercial construction
• The Long Island Expressway (I-495), where highway construction zones expose workers to struck-by risks

What Are Important Local Resources for Queens Construction Accidents?

The following facilities serve injured construction workers in Queens and are included for reference based on their relevance to construction-related trauma.

• NYC Health + Hospitals/Elmhurst, Level I Trauma Center, 79-01 Broadway, Elmhurst, NY 11373, (718) 334-4000
• Jamaica Hospital Medical Center, Level I Trauma Center, 8900 Van Wyck Expressway, Jamaica, NY 11418, (718) 206-6000
• NewYork-Presbyterian Queens, Level I Trauma Center, 56-45 Main Street, Flushing, NY 11355, (718) 670-1231

Polsky, Shouldice & Rosen, P.C. does not endorse any of the resources listed above. This information is provided for reference purposes only.

About Polsky, Shouldice & Rosen, P.C.

Adam Rosen has practiced workers' compensation law exclusively since 1995 and became a partner at Polsky, Shouldice & Rosen, P.C. in 2000. He serves as Chairman of the Nassau County Bar Association Workers' Compensation Committee and is a member of the Injured Workers' Bar Association. Together with Mark Polsky and Donald Shouldice, he has spent nearly three decades representing injured construction workers through every stage of the claim process at the Workers' Compensation Board.

What Our Clients Say

⭐⭐⭐⭐⭐

"Cannot say enough about this firm and how they handled my workman's compensation injury and claim. Adam Rosen was friendly, compassionate and committed to my case and ensured I got a fair settlement. Everyone in the office was welcoming and every phone call and question was answered quickly and efficiently. If you are unfortunate enough to be injured at work, you need a firm and people like this in your corner."

Kevin Klein

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Additional Resources for Queens Construction Accident Cases

• Common Construction Accidents
• Compensation Case Pitfalls
• After a Workplace Injury
• Your Construction Accident Case
• Summer Construction Hazards

Contact Polsky, Shouldice & Rosen, P.C.

If you were injured on a construction site in Queens, our attorneys can assess whether a workers' compensation claim, a third-party claim, or both apply to your situation. We have represented workplace injury victims across Queens and the surrounding area for more than 30 years. Your initial consultation is free, and you pay no fees on workers' compensation matters unless we secure an award on your behalf. Contact us to schedule a consultation.