Construction Accident Lawyer in Flushing, NY: Building Up, Falling Down
Downtown Flushing has been under construction for years — mixed-use towers, hotels, medical buildings and residential development, much of it on tight sites hemmed in by existing buildings and busy streets.
That means height work, sidewalk sheds, hoists and scaffolding in constant use. It also means New York’s strongest worker protection is in play.
Hurt on a site in Flushing? Call 718.775.3110 for a free consultation.
Absolute Liability Under Labor Law § 240
Labor Law § 240(1) — the Scaffold Law — applies to gravity-related injuries: falls from height, and objects falling from height onto a worker below.
Where proper safety devices were not provided or were inadequate, owners and general contractors face absolute liability — if the statute was violated and the violation caused the injury, the worker’s own carelessness generally does not reduce the recovery. Almost no other state has anything comparable.
On a vertical Flushing site the relevant devices are exactly what the statute names: scaffolds, hoists, ladders, harnesses, braces and pulleys. Falling-object cases matter here too — tight sites with work overhead and pedestrians and workers below produce them regularly, and the sidewalk shed is not always where it should be.
§ 241(6) covers construction, demolition and excavation generally and needs a specific Industrial Code rule identified. § 200 is the general safe-workplace duty. Which section fits changes what must be proven and what the case is worth.
Workers’ Comp Is the Floor
Comp pays medical treatment and a capped share of lost wages regardless of fault, and nothing for pain and suffering. It bars claims against your own employer only.
On a commercial Flushing project the list of people it does not bar is long: the property owner, the general contractor, other subcontractors whose crews created the hazard, the scaffolding or hoist supplier, the crane operator, an equipment manufacturer. Those third-party claims run alongside comp and are where the real compensation is.
Deadlines: written notice to your employer within 30 days, the C-3 comp claim within two years, and a third-party lawsuit within three years under CPLR 214. On a City project, a Notice of Claim within 90 days under General Municipal Law § 50-e applies instead.
Documentation Exists Here — If Someone Asks For It
Unlike a small residential job, a permitted commercial site in New York City generates a real paper trail: permits, inspection records, site safety plans and logs, daily reports, subcontractor agreements, and often site cameras.
That is a significant advantage — but only if it is preserved. Sites get cleared, equipment is returned to hire companies, crews finish and move on. A preservation letter sent in the first days is frequently what keeps a case provable.
And plainly, because it stops people asking for help: New York protects injured construction workers regardless of immigration status. We do not ask, and interpreters can be arranged.
What To Do
- Report it in writing. A text or email creates a timestamp a verbal report does not.
- Get medical attention the same day.
- Photograph the equipment, the height, the anchorages and the site before anything is cleared away.
- Identify every company on site, not just your employer — that is your list of potential defendants.
- Take names and mobile numbers of everyone present.
- Do not give a recorded statement to any carrier before speaking with a lawyer.
- Stay off social media while the claim is live.
Talk to Mushiyev Law
Yakov Mushiyev and our team handle construction injury claims across Queens on contingency — free consultation, nothing up front, no fee unless we recover for you. Rated EXCELLENT across 586+ Google reviews. We can come to you.
Our Office & Directions from Flushing
Yakov Mushiyev & Associates, PC
1 Cross Island Plaza, Suite 325
Rosedale, NY 11422
Phone: 718.775.3110
Monday – Friday, 9:00 a.m. – 6:00 p.m.
Free consultation — home and hospital visits available.
Open these directions in Google Maps, or request a free case review.
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This page is general information about New York law, not legal advice about your situation. Every case turns on its own facts, and deadlines vary. Speak with an attorney before relying on anything here.