Trusted Queens Construction Accident Attorneys
If you were injured on a job site in Queens, you are facing a difficult road to recovery. At Oresky & Associates, PLLC, we have spent more than 30 years as the premier advocates for injured workers. Our team has recovered over $500 million for our clients. We know how to hold developers, general contractors, and property owners accountable for the safety failures that lead to life-altering injuries.
Construction is the backbone of the Queens economy, but it is also the most dangerous industry in the borough. Whether you were working on a high-rise in Long Island City or a residential project in Astoria, you deserve a legal team that understands the specific risks of your job. Contact a Queens construction accident lawyer at our firm today for a free consultation.
Why Choose Oresky & Associates for Your Queens Injury Claim?
Choosing the right lawyer is the most important decision you will make after an accident. Our firm is known throughout New York for our aggressive litigation style and our commitment to maximum recovery.
- Over $500 Million Recovered: Our track record includes an $18 million settlement for a worker who fell from a scaffold and a $9.9 million recovery for a platform collapse.
- Mastery of New York Labor Laws: We do not just cite the law. We use New York’s unique statutes to prove liability even when the defense tries to blame the worker.
- No Fee Unless We Win: We work on a contingency basis. You pay nothing upfront, and we only collect a fee if we successfully recover money for you.
- Bilingual Advocacy: We are proud to serve the diverse workforce of Queens and offer full legal services in Spanish.
Understanding Your Rights Under New York Labor Laws
Many workers believe they are limited to Workers’ Compensation benefits after a site injury. In Queens, this is often incorrect. Specific laws allow you to file a personal injury lawsuit against a property owner or contractor if their negligence caused your accident.
Labor Law Section 240 (The Scaffold Law)
Section 240 provides absolute protection for workers who suffer gravity-related injuries. This includes falling from a scaffold, ladder, or roof, as well as being struck by a falling object that was not properly secured. Under this law, owners and contractors are held strictly liable for failing to provide adequate safety devices.
Labor Law Section 241(6) (Industrial Code Violations)
Section 241 requires construction sites to comply with the safety rules of Part 23 of the New York State Industrial Code. If your injury resulted from a violation of a specific regulation, such as a tripping hazard, poor lighting, or improper equipment maintenance, you may have a strong claim for damages.
Labor Law Section 200
Section 200 is the general duty to provide a safe work environment. It applies when an owner or contractor has direct supervision over the work or had notice of a dangerous condition but failed to fix it.
At Oresky & Associates, PLLC, we deploy investigators to the site the moment you hire us. This ensures every liable party is identified and sued before legal windows close.
Types of Construction Accident Cases We Handle in Queens
How Common Are Construction Accidents in Queens, NY?
Construction accidents are fairly common. While a few industries have higher injury rates, the sheer size of the construction industry means that hundreds of workers die while working every year. In fact, construction workers suffer more fatal injuries than workers in any other industry, with the exception of the transportation industry.
Workers in the construction industry also face a high number of nonfatal injuries. Construction sites are filled with many hidden and obvious dangers. Things that are often integral to a worksite can also be the cause of accidents such as trenches, scaffolds, and overhead lines which can expose workers to injury. Workers also risk injury while delivering building materials or traveling between job sites.
What Are the Typical Construction Accident Causes?
Construction sites are hives of activity. Many construction accidents happen because of the heavy vehicles, workers, and materials all gathered in one place. Construction vehicles have poor visibility, and the noise on a job site can mask the sounds of dangers.
Some common causes of construction accidents include:
- Falls
- Falling Materials & Equipment
- Electric shocks
- Falling objects
- Vehicle collisions
- Being trapped between objects or vehicles
- Falls from elevated work platforms
Falls are common on construction sites. They include falls from one elevation to another elevation and falls on the same level. For example, these accidents include falls from a ladder or scaffold or into a trench. They also include slips or trips on debris.
Electric shocks can cause internal and external burns. These accidents can result from electrical faults, damaged power tools, and collisions with overhead lines. When a current enters the body, it can overwhelm nerves and damage organs.
Struck by and trapped between accidents take two forms. First, they can happen when workers are struck by vehicles or pinned between a vehicle and something else. Second, they can happen when falling or collapsing objects, like building materials, hit workers or trap them.
Most Common Construction Accident Injuries
Construction accidents can cause injuries to body organs like the skin, nervous system, or musculoskeletal system. Musculoskeletal injuries include the following:
- Broken bones
- Strained muscles
- Sprained ligaments
- Torn cartilage
These injuries often produce severe pain and swelling. They usually take a few months to fully heal and may require physical therapy or surgery.
Burns can result from fires, electrical shocks, and caustic chemicals. First- and second-degree burns cause severe pain but usually heal within a few weeks. Third-degree burns cause little pain because the nerve endings in the skin are destroyed. They expose workers to infections and severe, permanent scars.
The nervous system includes the brain and spinal cord. Injuries to the nervous system can result in permanent disabilities like paralysis. Brain injuries can also affect your ability to think and remember. Unfortunately, the nervous system does not easily heal itself, so injuries to the brain, nerves, or spinal cord may cause lifelong symptoms.
Finally, construction workers are susceptible to toxic exposure. Asbestos, dust, and other contaminants can enter a worker’s body. Over time, the worker may develop health problems like cancer, requiring legal assistance from a construction accident lawyer in Queens.
How Oresky & Associates, PLLC Can Help After a Construction Accident in Queens
When you hire us, you’ll have access to the mind of a seasoned construction accident lawyer. Queens construction accidents are complicated, and we want to look at all the information we can to learn exactly what happened.
We may review pictures and videos of the accident and interview witnesses. Then, an experienced Queens construction accident attorney from Oresky & Associates will meet with you to discuss the next steps. We’ll talk about what legal path works for your case, such as:
- Pursuing a workers’ compensation claim
- Filing a claim against a negligent third party
If we, your construction accident attorney in Queens, recommend filing a claim, we will proceed to consider and investigate taking the following steps:
- Find and review evidence
- Get in touch with witnesses
- File a claim with the at-fault party’s insurer
- Pursue a lawsuit in the Courts
- Negotiate your claim in court or at mediation
- If the other party won’t settle for what you deserve, take your case to trial
Our Queens construction accident law firm represents you on a contingency basis. You don’t pay us until we win or settle your case, and then we’ll take a percentage of what we won for you.
What Is My Construction Accident Case Worth?
Construction accident losses include past and future paint and suffering, loss of services, medical bills and lost income. You can file for workers’ compensation benefits, which will cover all your medical costs and part of your income losses. But some losses are not covered by workers’ comp.
If any party other than your employer contributed to the accident, a Queens construction accidents lawyer can pursue a third-party claim. Through this claim, you can ask for losses not covered by workers’ comp, such as your pain and suffering, full income, diminishment in future earnings, lost union benefits.
To estimate what your case is worth, contact a construction site accidents lawyer in Queens.
Damages Available for Construction Workers
Damages include compensation for your pain and suffering, economic and other non-economic losses. First, you can recover compensation for reasonable and necessary costs caused by your injuries. Economic losses include the specific costs of your injuries, including:
- Past and future medical bills
- Lost income from missing work while recovering
- Loss of future income due to permanent disability
- Items like crutches, wheelchairs, and other mobility devices
Your lawyer will use bills, receipts, paychecks, and financial statements to prove the amount of each expense and the reason you incurred it. That’s why you should keep any records related to your injury.
Non-economic losses cover changes to your quality of life. These losses do not come with a price tag. However, they still affect you and your family. Some examples of these losses include:
- Physical pain
- Dismemberment
- Mental suffering
- Disability
- Disfigurement
Should I Settle for Workers’ Compensation?
Workers’ comp insurance pays for all reasonable and necessary costs, including emergency treatment immediately after your accident. It also provides partial wage replacement if you require time off from work to recover.
You can usually file a workers’ compensation claim without impacting your ability to file a third-party lawsuit. Since workers’ comp does not cover everything, you should speak to one of our construction injury attorneys. Queens construction workers often have the right to third-party claims that reimburse losses that workers’ comp does not cover.
How Do I Preserve My Rights After a Construction Accident?
You must act promptly to preserve your legal rights after a construction accident. Some steps you should take after your injury include the following:
- Notify your supervisor or manager of the accident
- If you can, take photos or videos of the scene
- Keep track of medical treatments and expenses
- Contact our Queens construction accident attorneys
During your claim, we’ll rely on the evidence you gathered and the information gathered by our construction accident attorneys. Queens construction accidents often involve third parties other than your employer. These parties may be liable for your injuries if they acted negligently or breached a statutory duty.
Negligence means the party failed to act with reasonable care and prudence. Sometimes this happens when they break a safety law.
What Is the Statute of Limitations for Construction Accidents in New York?
New York law gives injured workers up to three years to file a lawsuit for bodily injury. Cases filed against the City of New York and other municipalities require a notice of claim to be filed in 90 days and an action started within one year and 90 days. You should act quickly after your construction accident to preserve your rights and ensure evidence doesn’t get lost. Our Queens construction accident lawyers are ready to help with your case.
Contact Our Queens Construction Accident Attorneys Today
The insurance companies for the contractors are already building a defense to pay you as little as possible. You need an advocate who starts working just as fast. We immediately investigate the site, preserve evidence, and interview witnesses to build an ironclad case.
Contact the Queens Construction Accident Lawyers at Oresky & Associates, PLLC to schedule your free consultation. We are available 24/7 to help you get the justice and the maximum compensation you deserve.