Queens Union Worker Construction Accident Lawyer

If you are a union construction worker injured on a Queens job site, you have rights that go well beyond what workers' compensation covers. A Queens union worker lawyer who knows the full picture can make a real difference in what you recover. At The Orlow Firm, we have represented union tradespeople throughout Flushing, Long Island City, Astoria, and Jamaica for over 40 years, helping them get every dollar they are entitled to under New York law.

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Queens is one of the most active union construction markets in the country. The Building & Construction Trades Council of Greater New York represents 100,000 working men and women across 15 national and international unions. The New York State Building Trades Council counts more than 200,000 unionized construction workers statewide. In Queens, major ongoing projects have put union labor to work across the borough: the Willets Point redevelopment (a $1 billion-plus project under a formal Project Labor Agreement with the BCTC), the JFK Airport Terminal 1 and Terminal 6 rebuilds, MTA track and subway maintenance work, and large commercial development in Long Island City.

That volume of union construction work comes with serious injury risk. Our analysis of OSHA Severe Injury Report data from January 2015 through July 2025 shows that construction is the single largest source of severe workplace injuries in Queens. It accounts for 95 of 284 total incidents, or 33.5% of all severe injury reports in the borough over that decade. Among Queens neighborhoods, Long Island City had the most construction-related severe injuries: 30 incidents over that same period.

The most common injury events are the ones Labor Law 240 was written to address. Falls from heights led all categories, with 28 unspecified-height falls and 11 additional falls under six feet. Workers struck by falling objects or equipment accounted for 11 incidents. Caught-in or struck-by machinery events accounted for 10. Fractures are the most common severe injury outcome at 37.3% of all Queens severe workplace injury reports.

When a union carpenter, electrician, ironworker, laborer, or painter is hurt on a Queens job site, the question is not just whether to file workers' comp. The question is whether a third-party Labor Law claim against the property owner, the general contractor, or both is available. On most commercial and large residential construction sites, it is.

What Union Membership Means (and Doesn't Mean) for Your Claim

One of the most common things we hear from injured union workers is that being in a union either limits their options or fully protects them. Neither is true.

What union membership does not change: New York Labor Law § 240 and § 241 protect all construction workers equally, regardless of union status, immigration status, or documentation. A union carpenter and an undocumented laborer on the same job site have identical rights under the Scaffold Law. Union membership adds no extra Labor Law protections, and it removes none.

What union membership helps with: Union workers tend to have an easier time filing workers' compensation claims because the union provides support and walks members through the process. Union contract protections also lower the fear of retaliation that sometimes keeps non-union workers from reporting accidents and asserting their rights.

Where union membership adds complexity: Many union benefit funds — health plans, disability income programs, and joint industry funds — have the legal right to recoup benefits they paid on your behalf from any third-party lawsuit recovery you receive. This is called subrogation. If your union fund paid your medical bills while your injury claim was pending, the fund can assert a lien against your settlement or verdict. A Queens union worker lawyer with experience in these cases knows how to negotiate those liens down and help you keep as much of your recovery as possible.

The key point: filing for workers' compensation and pursuing a third-party lawsuit are not mutually exclusive. In serious construction accidents, doing both is almost always the right move.

New York's Scaffold Law and What It Means for Union Workers

New York is the only state in the country that holds property owners and general contractors to absolute strict liability for gravity-related injuries at construction sites. Under New York Labor Law § 240, called the Scaffold Law, if a worker is hurt because proper fall protection was not in place, the owner and general contractor are liable. That is true even if they were otherwise careful, and even if the worker was partially at fault.

The law requires responsible parties to provide scaffolding, ladders, harnesses, hoists, and other protective devices that are properly built, placed, and operated to protect workers from elevation hazards. If those devices are missing, defective, or improperly set up and a worker falls or is struck by a falling object as a result, liability is established.

For union workers in Queens, this matters because the large commercial and institutional construction projects where union labor is concentrated — airports, transit infrastructure, high-rise residential and mixed-use buildings — are exactly the kind of projects § 240 covers. A serious injury on the JFK Terminal 1 rebuild or a Willets Point mixed-use site is not limited to workers' comp. It opens the door to a full Labor Law claim for pain and suffering, complete lost wages, and future damages that workers' comp does not cover.

New York Labor Law § 241 adds a second layer of protection. Unlike the strict liability standard under § 240, a § 241 claim requires proving that a specific violation of the New York Industrial Code (Part 23) contributed to the injury. Section 241 covers construction, demolition, and excavation work broadly, including ground-level hazards like inadequate lighting, improper material storage, unguarded floor openings, and unsafe site conditions that have nothing to do with a fall.

New York Labor Law § 200 sets the general duty for owners and contractors to maintain a reasonably safe work environment. It requires proving that the owner or contractor knew of or created the dangerous condition, under a standard negligence framework rather than strict liability.

Together, these three laws give injured union construction workers in New York access to recoveries unavailable anywhere else in the country.

Workers' Comp vs. a Third-Party Labor Law Claim

For injured union workers in Queens, these two avenues of recovery work differently and cover different things.

Workers' compensation is a no-fault system. You do not need to prove anyone was negligent to receive benefits. In return, you give up the right to sue your direct employer. Workers' comp pays your medical bills and roughly two-thirds of your pre-injury weekly wages, up to statutory caps. It does not cover pain and suffering.

You must notify your employer within 30 days of the accident. You then have two years from the accident date to file a formal claim with the Workers' Compensation Board. If a public entity is involved, different notice requirements may apply.

A third-party Labor Law claim targets the property owner, general contractor, or other parties, not your direct employer. There is no fault requirement under § 240. Under § 241, you must show a specific Industrial Code violation. The filing window is longer: you generally have three years from the accident date. A successful third-party claim can recover full medical expenses, all lost wages including future income, and pain and suffering — none of which workers' comp covers.

The two tracks run at the same time. Filing workers' comp does not prevent you from suing a third party. If you win a third-party settlement or judgment, your employer's workers' comp insurer has a lien on your recovery and is entitled to reimbursement for benefits paid. Negotiating that lien down and making sure you keep as much of your recovery as possible is a central part of what our attorneys do.

Who Can Be Held Liable in a Queens Union Construction Accident

Most injured union workers know they cannot sue their direct employer under workers' compensation law. What many do not know is how many other parties may be legally responsible.

Property owners face liability under Labor Law § 240 and § 241 regardless of whether they were on the job site or supervised any work. The duty is non-delegable: an owner cannot avoid liability simply by hiring a general contractor.

General contractors carry the same non-delegable duty. If the GC failed to provide proper fall protection, maintained an unsafe site, or let code violations go uncorrected, they can be held responsible.

Subcontractors may be liable if their work created the dangerous condition. A subcontractor that improperly rigged scaffolding, left an unguarded opening, or failed to warn of a hazard it created is exposed to a claim.

Equipment and material manufacturers can be held responsible under product liability theories if defective tools, harnesses, ladders, or machinery contributed to the injury.

Architects and engineers may face liability if design flaws or structural failures caused or contributed to the dangerous condition.

Identifying all liable parties requires thorough investigation: reviewing contracts, safety plans, OSHA inspection records, incident reports, and witness accounts. Our attorneys do that investigation and pursue every party whose negligence played a role.

Our Proven Results in Union Construction Accident Cases

$700,000 — A union painter was electrocuted and fell from a scaffold, sustaining shoulder injuries. Prior results do not guarantee a similar outcome.

$3,375,000 — A construction worker fell twelve feet off a ladder, sustaining neck, back, elbow, and shoulder injuries requiring surgery.

$2,600,000 — An HVAC laborer was struck when a drop ceiling fell on his head, causing back, knee, and shoulder injuries.

$2,474,000 — A construction worker was electrocuted on a scaffold, fell, and sustained back and knee injuries requiring multiple surgeries.

$2,100,000 — A construction worker fell from a scaffold and required elbow and shoulder surgery.

$1,375,000 — A worker fell from a scaffold, sustaining back and knee injuries resolved through mediation.

Prior results do not guarantee a similar outcome.

What to Do After a Construction Accident as a Union Worker in Queens

The steps you take in the first days after an accident protect both your health and your legal claim.

1. Get medical attention right away. Even if your injuries seem minor, get evaluated. Emergency care can be provided anywhere; follow-up treatment through workers' comp typically requires a board-authorized provider.

2. Report the accident to your employer. You must notify your employer within 30 days to preserve your workers' comp rights. Do this in writing when possible.

3. Tell your union representative. Your union rep can guide you through the workers' comp process and connect you with resources. Having your union behind you also removes pressure to stay quiet about the accident.

4. Document the scene. If you are physically able, photograph the accident location, the condition of equipment, any missing or damaged safety devices, and anything else that may be relevant. Get witness names and contact information.

5. Do not give a recorded statement to the property owner's or general contractor's insurance carrier. Their adjuster works for them, not for you. Talk to an attorney before giving any statement about the accident.

6. Call a Queens union worker lawyer promptly. Construction sites change fast. Evidence disappears, scaffolding gets modified, and witnesses move on. The sooner you have an attorney, the better your chances of preserving the evidence that builds your case.

Call (646) 647-3398. The initial consultation is free, and we work on contingency: you pay nothing unless we win.

Frequently Asked Questions About Union Construction Accident Claims in Queens

Does being a union member limit my right to file a lawsuit after a construction accident?

No. Union membership does not restrict your ability to pursue a Labor Law claim against property owners and general contractors. New York Labor Laws 240 and 241 protect all construction workers equally. Your right to sue third parties under the Scaffold Law is entirely separate from and unaffected by your union membership.

Can I collect workers' compensation and file a lawsuit at the same time?

Yes. Workers' compensation and a third-party Labor Law lawsuit run on parallel tracks. Filing for workers' comp does not waive your right to sue. If you recover money in the lawsuit, your employer's insurer is entitled to reimbursement for benefits already paid, but your attorney negotiates that lien to maximize what you keep.

What does it mean if my union fund has a lien on my case?

If your union's health plan or welfare fund paid your medical bills or disability income, that fund may have the right to recover those payments from your lawsuit proceeds. This is called a subrogation lien. An experienced Queens union worker lawyer negotiates with the fund to reduce the lien so you keep more of your recovery.

My employer is pressuring me not to report the accident. What should I do?

Report the accident in writing and call an attorney right away. Employer retaliation for filing a workers' comp claim is illegal in New York. Your union representative can also step in on your behalf. Waiting to report — even under pressure — can cost you your right to benefits. The 30-day notice rule is strict.

What if I was partially at fault for my construction accident?

Under Labor Law § 240, comparative fault generally does not reduce your recovery. If proper fall protection was not in place and you were hurt in a gravity-related accident, the owner and general contractor are liable regardless of your actions. The only defense is that you were entirely at fault, which is very difficult to prove.

Can I be fired for filing a workers' compensation claim?

No. New York Workers' Compensation Law prohibits employers from discharging or penalizing workers for asserting their rights. If you face retaliation, that creates an additional legal claim against your employer. Union workers also have their collective bargaining agreement as additional protection against unjust termination.

How long does a Queens union construction accident lawsuit take?

Construction Labor Law cases typically take one to three years to resolve, depending on injury severity, case complexity, and whether it settles or goes to trial. Queens County Supreme Court, where these cases are filed, has its own scheduling pace. Your attorney can give a more specific estimate after reviewing the facts.

Does my union provide a lawyer for construction accident claims?

Unions typically provide legal help for workers' compensation disputes and grievance procedures, not personal injury lawsuits. A third-party Labor Law claim requires a personal injury attorney who handles construction cases on contingency — so there is no upfront cost to you.

What if there is a language barrier? Do you handle Spanish-speaking clients?

Yes. The Orlow Firm is bilingual: Se Habla Español. Many Queens union construction workers are Spanish-speaking, and our team handles consultations and communications in Spanish. We have four office locations throughout New York City and can come to you if you are unable to travel.

Contact a Queens Union Worker Lawyer Today

If you were injured on a Queens construction site as a union member, what you do in the days and weeks after the accident will directly affect your recovery. The Orlow Firm has protected injured union construction workers throughout Long Island City, Flushing, Astoria, Jamaica, and all of Queens for over 40 years. Steven S. Orlow, our founder and Cornell Law graduate, is a former NYC Council Member who represented Queens County. Adam Orlow, our Managing Partner and former President of the Queens County Bar Association (2022–2023), leads our construction accident practice with deep knowledge of the courts, the contractors, and the law.

We handle union construction accident cases on contingency: no fee unless we win. There is no cost for an initial consultation.

Call (646) 647-3398 or contact us online. We can come to you.

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Sources & Official Resources

New York Laws Cited

1. New York Labor Law § 240 — Scaffolding and Other Devices (Scaffold Law)
2. New York Labor Law § 241 — Construction, Excavation and Demolition Work
3. New York Labor Law § 200 — General Duty to Protect Health and Safety
4. CPLR § 214 — Three-Year Statute of Limitations for Personal Injury

Workers' Compensation Resources

5. NYS Workers' Compensation Board — How to File a Claim
6. NYS Workers' Compensation Board — Lost Wage Benefits (Two-Thirds Rate)

Industry Resources

7. Building & Construction Trades Council of Greater New York
8. NYS Building & Construction Trades Council

Project References

9. NYC Mayor's Office — Willets Point Project Labor Agreement

OSHA Data

10. OSHA Severe Injury Report Data — U.S. Department of Labor

Data Methodology Borough and neighborhood construction injury breakdowns were calculated by The Orlow Firm's research team from publicly available OSHA Severe Injury Report (SIR) records and OSHA Injury Tracking Application (ITA) Form 300A data. The SIR dataset is published at the establishment address level; we filtered by Queens zip codes to produce the Queens-specific incident counts cited above. OSHA does not publish pre-calculated borough-level construction injury breakdowns in its standard reports.