Content reviewed by:
Alex Shulman
Construction is one of the most hazardous industries in which to work. Workers face various accident risks, such as falls from heights, being struck by objects and electrocution. If you’ve been hurt in a Queens construction accident, you’re likely facing numerous challenges, from physical pain and emotional distress to mounting medical bills and lost wages. During this difficult time, the compassionate Queens personal injury lawyers at Shulman & Hill are here to provide the guidance and support you need.
Why Choose Shulman & Hill for Your Construction Accident Case?
Shulman & Hill has extensive experience with construction accident claims in Queens, which can be complex because they often involve multiple parties and intricate regulations and require considerable documentation and expert testimony. We handle both workers’ compensation and personal injury matters for comprehensive representation. Our firm has a long track record of success, including the following settlements in construction accident cases:
- $2.5 million for a non-union laborer injured on a construction project
- $2 million for an immigrant laborer injured when he fell from a ladder
- $1.5 million for an undocumented day laborer injured by the uncontrolled descent of a steel beam
- $1.175 million for a 29-year-old construction worker who fell from a ladder
We prioritize a client-focused approach, with a multilingual staff committed to serving the diverse Queens community. Our dedicated team of Queens construction injury lawyers includes specialists in car crashes, pedestrian accidents, and truck collisions, giving us the knowledge and experience necessary to handle an array of cases.
We also have Queens construction accident lawyers who focus on specific accidents, such as ones involving cranes, forklifts, scaffolding, and welding equipment. Our team of specialized lawyers enables us to take a thorough and holistic legal approach for optimal outcomes.
“We are client-first, catering the case to your needs, desires, background, and unique situation. Number two, we help you recover fair results on your claim. And number three, we act as a resource for you moving forward. Whenever you need legal help, you can come back to us, and we’ll direct and help you. We currently have almost 100 staff members and 25 attorneys, representing over 6,000 clients across New York in workers’ compensation and personal injury cases.”
Alex Shulman, Founding Partner
Our satisfied clients also speak highly about their experience with our firm:
“My experience with Shulman & Hill Law Firm was an exceptional one. Their legal expertise, attention to detail, and dedication to my case were truly commendable. Thanks to their strategic approach and unwavering commitment, we achieved a successful outcome. I highly recommend this team of outstanding individuals to anyone seeking legal representation.”
Asif H.
Claims You Can Pursue After a Construction Accident in Queens
Depending on the severity of your injury and the circumstances of the accident, you may be eligible to pursue multiple claims after a construction accident, including workers’ compensation and personal injury claims.
Workers’ Compensation
Most employers in New York must carry workers’ compensation insurance to cover employees injured on the job, regardless of fault. These benefits may include:
- Medical expenses: Workers’ compensation covers all necessary medical treatment related to your injury, including hospital bills, prescription medications, and rehabilitation costs.
- Lost wages: If your injury prevents you from working, workers’ compensation provides a portion of your lost wages, typically two-thirds of your average weekly wage.
- Disability benefits: If your injury results in a permanent disability, you may be eligible for additional benefits, such as scheduled loss of use awards or permanent total disability payments.
If you are injured on the job, you can seek benefits under your employer’s insurance coverage without needing to prove anyone else was responsible for your injury. However, the tradeoff is that you typically cannot sue your employer or collect compensation for pain, suffering, or other non-economic damages.
Personal Injury Lawsuit
If your accident was caused by a third party other than your employer, such as a property owner, contractor, or equipment manufacturer, you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim. This type of claim allows you to seek damages for the following:
- Lost earning capacity: If your injury prevents you from returning to your previous job or limits your future earning potential, you may be able to recover damages for lost earning capacity.
- Pain and suffering: This is compensation for the physical and emotional distress caused by your injury.
- Other non-economic damages: Depending on your case’s circumstances, you may be able to seek compensation for loss of enjoyment of life, disfigurement, or loss of consortium.
We have the experience and resources to handle your workers’ compensation claim and any potential personal injury lawsuit, simplifying the process of seeking the maximum compensation available.
How a Construction Accident Lawyer Can Help Your Case
A skilled construction accident lawyer in Queens, NY can provide invaluable assistance in the aftermath of your injury, allowing you to focus on your recovery while they handle your case’s legal aspects. We can tackle a variety of claims, including workers’ compensation, personal injury, and Social Security Disability Insurance if applicable. We focus not just on securing compensation for your immediate losses but also on protecting you for the future.
Some of the ways we can help include the following:
- Analyzing your case: We will determine the best options for recovering the maximum compensation for you, whether through a workers’ compensation claim, a personal injury claim, or both.
- Investigating the accident: Our team will thoroughly investigate your accident’s circumstances, gathering evidence such as incident reports, witness statements, and safety records to support your claim.
- Identifying liable parties: We will work to identify all parties who may be held responsible for your injuries, including employers, property owners, contractors, and equipment manufacturers.
- Handling paperwork and deadlines: Construction accident claims involve significant paperwork and have strict deadlines. We will ensure that all necessary documents are filed on time and correctly to protect your rights.
- Negotiating with insurance companies: Insurance companies often try to minimize payouts or deny claims altogether. They may not be forthright about all the benefits you’re entitled to and may take particular advantage of non-English speakers. Our experienced negotiators will fight for a fair settlement that adequately compensates you for your losses.
- Representing you at hearings and in court: If we cannot reach a settlement, we’ll take your case to a hearing or trial and advocate for your rights in court.
- Providing guidance and support: We understand that the legal process can be overwhelming, especially when you are recovering from a serious injury. Our team will provide compassionate guidance and support throughout your case, keeping you informed and answering all your questions. We’ll even help with scheduling doctor’s appointments and arranging transportation.
“One of the cases that I mostly specialize in is construction-type accidents. We don’t rush these cases, as they are very detailed and have huge ramifications for the rest of the clients’ lives. These are usually life-changing events. We work closely with the client to ensure we have everything we need as if the trial is tomorrow. Every case we take, no matter how big or small, we want to prepare as if the trial is tomorrow, and that is extremely important in these types of construction action claims. Information and evidence are lost almost immediately as time goes on, so we strive to obtain everything we need and direct the client on everything that’s going to be needed in the future. This way, we can all be on the same page from day one.”
Juan Gutierrez, Senior Paralegal
How Much Does It Cost to Hire a Construction Accident Lawyer?
We understand the financial challenges following a construction accident. That’s why we work on a contingency-fee basis, meaning you won’t owe us any attorney fees unless we successfully recover compensation for you. Your initial consultation is free, allowing you to discuss your case without any financial risk.
Our team is dedicated to helping you receive medical treatment and correct diagnoses for your injuries, including those that may not present immediate symptoms but can have long-lasting effects. We work closely with medical professionals to secure the benefits you need now and the resources necessary to protect your future, all while you focus on your recovery.
How New York’s Labor Laws May Affect Your Case
New York Labor Law Section 240, the Scaffold Law, requires property owners and general contractors to ensure proper safety equipment and protection for workers engaged in elevation-related work. If a violation of this law results in an injury to a worker, the property owner or general contractor may be liable, even if not directly negligent. However, the worker must prove that their employer violated the statute and that the violation caused their injuries.
Similarly, New York Labor Law Section 241 mandates compliance with specific safety regulations in construction, excavation, and demolition work. If a worker is injured by a violation of these regulations, that worker may have a claim under Section 241 if they can demonstrate that the violation caused their injury.
“New York is one of the only states left that has specific laws on the books to protect certain types of workers. These are the labor laws—sections 200, 240, and 241—that normally apply to construction projects where workers get injured.
The reason these laws are very favorable in New York is that they change the liability standard. Without getting too technical, 90 percent of injury cases involve proving the defendant’s negligence. But in some labor law cases, that negligence element is not there—it’s a strict liability standard. You can qualify by meeting all aspects of the law without needing to prove someone was negligent.”
Managing Partner Seth MacArthur
Time Limits for Construction Accident Claims in Queens
Act quickly after a construction accident because there are strict deadlines for filing claims. In New York, you must notify your employer of your injury within 30 days to be eligible for workers’ compensation benefits. Failure to provide timely notice can result in denial of your claim. Thus, report your injury promptly, even if you believe it is minor.
You have just two years from your accident date to submit an official workers’ compensation benefits claim form to the New York State Workers’ Compensation Board.
The statute of limitations for personal injury lawsuits is three years from the accident date. However, there are some exceptions, and it is always best to consult with a Queens construction accident attorney promptly to protect your rights.
Insurance companies tend to delay paying compensation, so working quickly will increase your chances of more timely compensation. An experienced Queens accident attorney can file all necessary paperwork in a timely manner.
Construction sites tend to be hectic and change quickly, so it’s also important to employ a lawyer soon so they can gather accident evidence before it disappears. We will work to preserve evidence and build a strong case on your behalf, increasing your chances of a successful outcome.
