Construction work is among the most dangerous jobs in New York, and Queens is no exception. If you've been injured on a construction site in Queens, you need an experienced Queens construction accident lawyer who understands New York's powerful worker protection laws and knows how to use them to get you fair compensation. At The Orlow Firm, our attorneys have represented injured construction workers throughout Flushing, Long Island City, Jamaica, and all of Queens for over 40 years.
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What's in this video?
The Orlow Firm attorneys explain how they help injured construction workers in Queens pursue compensation through workers' compensation and third-party liability claims.
New York has the strongest construction worker protection laws in the nation. Understanding these laws is the foundation of any construction accident case.
Labor Law § 240: The "Scaffold Law"
New York Labor Law § 240(1) holds property owners and general contractors strictly liable for gravity-related construction injuries. If you fell from a scaffold, ladder, or roof, or were struck by a falling object, the property owner and contractor are responsible regardless of whether you were partially at fault. This is known as "absolute liability," and it applies only in New York. No other state provides this level of protection for construction workers.
Labor Law § 241(6): Safe Workplace Requirements
Labor Law § 241(6) requires property owners and contractors to provide "reasonable and adequate protection and safety" to all workers performing construction, excavation, or demolition work. Unlike § 240, a defense of comparative negligence applies. Your compensation could be reduced if you share some fault. However, if the employer violated a specific Industrial Code regulation, that violation can serve as strong evidence of negligence.
Labor Law § 200: General Duty of Care
Section 200 codifies the common law duty of property owners and contractors to maintain a reasonably safe workplace. Claims under this section require proof that the defendant had notice of the dangerous condition or controlled the work being performed.
Carlos' Law (2023): Criminal Accountability
Governor Hochul signed Carlos' Law in 2023. It dramatically increased criminal penalties for corporations whose negligence causes worker death or serious injury. Felony fines jumped from $10,000 to up to $1 million. Misdemeanor fines rose from $5,000 to up to $500,000. This law sends a clear message: construction companies that cut corners on safety face real consequences.
Who Can Be Held Liable for Your Construction Accident
Construction accident cases often involve multiple liable parties. Identifying all responsible parties is critical for getting you full compensation.
Property Owners bear strict liability under Labor Law §§ 240 and 241 for worker injuries. Even owners who had no involvement in daily construction operations can be held responsible.
General Contractors are responsible for overall site safety and coordination among subcontractors. If safety protocols were inadequate or ignored, the GC may be liable.
Subcontractors on site whose negligent actions or unsafe practices contributed to your injury can be held accountable.
Equipment Manufacturers can be liable under product liability law if defective scaffolding, a malfunctioning crane, or faulty safety equipment caused your injury.
Engineers and Architects may be liable when design defects contribute to structural collapses or unsafe work conditions.
Workers' compensation bars you from suing your direct employer. But these third-party claims are separate and can provide full compensation, including pain and suffering, that workers' comp does not cover. Our attorneys investigate every angle to identify all liable parties.
Construction Accidents in Queens
According to NYC Department of Buildings data, Queens recorded 69 construction site incidents in 2024, including 71 injuries and 1 fatality. In 2025, Queens recorded 44 incidents with 42 injuries and 4 fatalities. While overall incidents dropped 36%, fatalities quadrupled — giving Queens the highest fatality rate (4.4%) of any NYC borough, double the citywide average.
Queens ranks behind Manhattan and Brooklyn for total construction incidents, but the severity of Queens construction accidents makes experienced legal representation critical.
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NYC Construction Accidents by Borough (DOB Data):
Manhattan: 190 incidents (3 fatalities) in 2024, 148 incidents (2 fatalities) in 2025
Brooklyn: 153 incidents (2 fatalities) in 2024, 73 incidents (3 fatalities) in 2025
Queens: 69 incidents (1 fatality) in 2024, 44 incidents (4 fatalities) in 2025
Bronx: 54 incidents (1 fatality) in 2024, 52 incidents (1 fatality) in 2025
Queens has the highest fatality rate (4.4%) of any NYC borough — double the citywide average of 2.2%.
Source: NYC Department of Buildings, Construction-Related Accident Reports
Long Island City accounts for nearly half of all Queens construction incidents, driven by ongoing waterfront development. Flushing, Jamaica, and Astoria also see significant construction activity. NYC DOB data shows that 96% of Queens construction incidents in 2024 occurred at non-union or open-shop job sites, and 83% involved new construction projects.
OSHA's "Fatal Four" — falls, struck-by incidents, electrocution, and caught-in/between accidents — cause roughly 60% of all construction worker deaths nationally. Worker falls alone account for over 60% of Queens construction incidents.
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OSHA's "Fatal Four" Construction Hazards (cause ~60% of all construction worker deaths):
Falls from Heights: 37% of fatalities
Struck-By Incidents: 8% of fatalities
Electrocution: 8% of fatalities
Caught-In/Between: 5% of fatalities
Source: OSHA
Our main office is at 71-18 Main Street in Flushing, in the heart of Queens' construction corridor. Local hospitals that frequently treat construction injuries include Elmhurst Hospital Center, Jamaica Hospital Medical Center, and NYC Health + Hospitals/Queens. Construction accident cases filed in Queens are typically heard at Queens Supreme Court.
Types of Construction Accidents We Handle
Our Queens construction accident attorneys have experience with the full range of construction site injuries.
Falls From Heights
Falls from scaffolding, ladders, roofs, and elevated work platforms are the leading cause of construction worker deaths. These cases typically fall under Labor Law § 240, which provides strict liability protection.
Falling Object Injuries
When tools, debris, or building materials fall and strike a worker below, the injuries can be severe and life-altering. Section 240 also covers falling object cases where overhead protection was missing or inadequate.
Scaffolding Collapses
Improperly assembled, maintained, or inspected scaffolding can give way without warning. Our firm has recovered millions for workers injured in scaffold-related accidents across Queens.
Electrocution and Electrical Burns
Contact with live wires, faulty equipment, or improperly grounded systems causes serious burns, nerve damage, and death. Electrocution accidents during demolition or renovation of older Queens buildings pose a higher risk.
Caught-In/Between Incidents
Workers pinned between heavy machinery, caught in equipment, or trapped by trench collapses suffer crushing injuries that often require emergency surgery and long-term rehabilitation.
Crane and Heavy Equipment Accidents
Crane collapses, forklift rollovers, and malfunctioning hoists create catastrophic injury scenarios. Equipment operators, ground workers, and even pedestrians near construction sites may be injured.
Structural Collapses
Wall, ceiling, and floor collapses on active construction sites can cause multiple injuries at once. These cases often involve complex liability questions spanning owners, contractors, and engineers.
Workers' Compensation vs. Third-Party Lawsuits
Many injured construction workers don't realize they can pursue both workers' compensation and a separate personal injury lawsuit. These are two distinct legal systems, and both may apply to your case.
Workers' Compensation is a no-fault system. You don't have to prove anyone was negligent. But your recovery is limited to medical expenses and partial lost wages. Workers' comp does not cover pain and suffering.
Third-Party Lawsuits under Labor Law §§ 240, 241, and 200 allow you to sue property owners, general contractors, subcontractors, and equipment manufacturers for full damages. That includes pain and suffering, lost earning capacity, and emotional distress. Under § 240, you don't even need to prove negligence. Strict liability applies.
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Workers' Compensation vs. Third-Party Lawsuit:
Workers' Compensation:
Fault required? No (no-fault system)
Medical bills: Yes
Lost wages: Partial only
Pain and suffering: No
Filing deadline: Report within 30 days, claim within 2 years
Who you sue: No lawsuit (insurance claim)
Third-Party Lawsuit:
Fault required? No under § 240 (strict liability)
Medical bills: Yes (full amount)
Lost wages: Full wages + future earning capacity
Pain and suffering: Yes
Filing deadline: 3 years (90 days for government property)
Who you sue: Owners, contractors, manufacturers
You may be able to pursue BOTH for a construction accident.
You must report your workplace injury within 30 days and file a Workers' Compensation Board Form C-3 within two years. For third-party lawsuits, the general statute of limitations is three years. If your accident occurred on government-owned property, you must file a Notice of Claim within 90 days and start the lawsuit within one year and 90 days.
What's in this video?
The Orlow Firm attorneys explain the relationship between workers' compensation and third-party construction accident claims in New York, and how pursuing both can increase your total recovery.
Compensation You Can Recover
Construction accidents frequently result in severe injuries that require extensive medical treatment and lengthy recovery. Through a combination of workers' compensation and third-party claims, you may recover:
Economic Damages
Medical expenses: emergency treatment, surgery, hospitalization, physical therapy, and future medical care
Lost wages during your recovery period
Reduced earning capacity if your injuries prevent you from returning to construction work
Vocational rehabilitation costs
Non-Economic Damages (Third-Party Claims Only)
Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement and permanent scarring
Wrongful Death Damages
If a construction worker dies due to someone else's negligence, the family may pursue a wrongful death claim for funeral expenses, lost financial support, and loss of companionship.
Our firm has recovered millions for construction accident clients:
$3,375,000 — Construction worker fell 12 feet off a ladder, sustaining neck, back, elbow, and shoulder injuries requiring neck and back surgery.
$2,600,000 — HVAC laborer injured when a drop ceiling collapsed onto his head, causing back, knee, and shoulder injuries.
$2,500,000 — Construction worker's forklift was struck by a collapsing wall, requiring lower back surgery.
$2,474,000 — Undocumented worker electrocuted on a scaffold, fell, and required back and knee surgeries.
$2,100,000 — Undocumented worker fell off scaffold, requiring elbow and shoulder surgery.
Prior results do not guarantee a similar outcome.
What's in this video?
The Orlow Firm attorneys break down the types of compensation available to injured construction workers in New York, including medical costs, lost wages, and pain and suffering.
Rights of Undocumented Construction Workers in New York
Immigrants make up over 60% of the construction workforce in New York City, and an estimated 40% are undocumented. If you are an undocumented worker, you have the same legal rights to workers' compensation and personal injury claims as any other worker.
The New York Court of Appeals confirmed this in Balbuena v. IDR Realty LLC (2006), ruling that federal immigration law does not bar undocumented workers from recovering compensation under New York's Labor Laws. Your employer cannot use your immigration status against you in a workplace injury claim.
In 2024, the New York Workers' Compensation Board announced a partnership with the Department of Homeland Security to protect workers who file compensation claims from prosecution or deportation. You can file a claim without fear that doing so will put your status or your family's safety at risk.
Even if you were paid in cash or worked "off the books," you still have legal rights. Se Habla Español. Our firm serves Spanish-speaking construction workers throughout Queens.
What's in this video?
The Orlow Firm attorneys explain that undocumented construction workers in New York have full legal rights to pursue compensation for workplace injuries, regardless of immigration status.
Frequently Asked Questions About Construction Accident Cases
What should I do if I'm injured on a construction site in Queens?
Get medical attention right away, then report the accident to your supervisor. Document everything: photograph the scene, your injuries, and any equipment involved. Get names and contact information of witnesses. Contact a Queens construction accident lawyer before talking to insurance companies or signing anything. Call The Orlow Firm at (646) 647-3398 for a free consultation.
View text version of this infographic
Steps After a Construction Accident in Queens:
Get Medical Attention — Call 911 or go to ER immediately
Report the Accident — Notify your supervisor in writing
Document Everything — Photos, witnesses, conditions
Don't Sign Anything — Don't talk to insurance alone
Call a Lawyer — (646) 647-3398
Free Consultation | The Orlow Firm | Se Habla Español
Can I sue if I was injured on the job as a construction worker?
Yes. While workers' compensation bars direct lawsuits against your employer, New York Labor Laws §§ 240, 241, and 200 allow you to bring third-party claims against property owners, general contractors, subcontractors, and equipment manufacturers. These claims can recover full damages including pain and suffering, which workers' comp does not cover.
What is Labor Law 240, the Scaffold Law?
Labor Law § 240(1) holds property owners and contractors strictly liable when a construction worker is injured in a gravity-related accident, such as a fall from height or being struck by a falling object. You do not need to prove negligence. This law is unique to New York and provides the strongest worker protection in the nation.
How long do I have to file a construction accident claim in New York?
The statute of limitations for third-party construction accident lawsuits is generally three years from the date of the accident. For workers' compensation, you must report the injury within 30 days and file a claim within two years. If your accident occurred on government property, you must file a Notice of Claim within 90 days.
Can I still get compensation if I was partially at fault for my accident?
Under Labor Law § 240, comparative fault is not a defense. You can recover full compensation even if you were partially at fault for a gravity-related accident. Under § 241(6) and § 200, New York's comparative negligence rules apply. Your award may be reduced by your percentage of fault, but you can still recover.
What is the difference between workers' compensation and a third-party lawsuit?
Workers' compensation is a no-fault system that covers medical bills and partial lost wages regardless of who caused the accident. A third-party lawsuit targets parties other than your direct employer, such as property owners and general contractors, and allows you to recover full damages including pain and suffering. You can pursue both at the same time.
How much does it cost to hire a construction accident lawyer?
Our firm handles construction accident cases on a contingency fee basis. You pay nothing unless we win your case. There are no upfront costs, no hourly fees, and no hidden charges. Your initial consultation is completely free.
Can undocumented workers file construction accident claims in New York?
Yes. New York law protects all workers regardless of immigration status. The Court of Appeals confirmed in Balbuena v. IDR Realty LLC that undocumented workers have the same rights to workers' compensation and personal injury claims. Your employer cannot use your immigration status against you, and filing a claim will not trigger deportation.
Sources & Official Resources
New York Laws Cited
- Labor Law § 240 — Scaffolding and Other Devices for Use of Employees
- Labor Law § 241 — Construction, Excavation, and Demolition Work
- Labor Law § 200 — General Duty to Protect Health and Safety of Employees
- CPLR § 214 — Actions to Be Commenced Within Three Years (Statute of Limitations)
- General Municipal Law § 50-e — Notice of Claim (90-Day Requirement)
- Carlos' Law — Governor Hochul Signs Legislation Establishing Criminal Accountability
Construction Safety Reports
- NYCOSH 2025 Deadly Skyline Report — Construction Fatalities in New York State (2023 Data)
- OSHA Fatal Four — Leading Causes of Death in the Construction Industry
Workers' Compensation Resources
- NY Workers' Compensation Board — File a Claim (Form C-3)
- NY Workers' Compensation Board — Partnership to Protect Undocumented Workers
Court Decisions Cited
Immigration & Workforce Data
Contact a Queens Construction Accident Lawyer Today
If you've been injured on a construction site in Queens, you need experienced legal help. The Orlow Firm has protected injured construction workers throughout Flushing, Jamaica, Astoria, Long Island City, and all of Queens for over 40 years. Adam Orlow, former President of the Queens County Bar Association, and Steven Orlow, our founding partner with over four decades of construction accident experience, are personally involved in every case.
Call (646) 647-3398 for a free consultation. We work on contingency: you pay nothing unless we win your case.
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