Construction Accident Lawyer in Rochdale, Queens

If you were hurt on a construction site in or around Rochdale, you may have more rights than anyone on the job told you about. Many injured workers believe workers’ compensation is the only option. In New York, that is often not true. The state’s Labor Law gives construction workers some of the strongest protections in the country, especially for falls and falling objects, and those protections can support a lawsuit against the property owner and general contractor in addition to your comp benefits. This page explains how that works, in plain language, for workers and families in Rochdale Village and the surrounding parts of southeast Queens.

Two claims, not one

Think of a construction injury as potentially giving rise to two separate claims:

	Workers’ compensation	Labor Law / third-party lawsuit
Against whom	Your employer’s comp insurer	Property owner, general contractor, other subcontractors, equipment makers
Fault required?	No	Depends on the statute; under § 240(1), liability can attach without proving the owner was careless
What it pays	Medical care and partial wage replacement	Full lost earnings, pain and suffering, future losses
Pain and suffering?	No	Yes

Workers’ comp generally prevents you from suing your own employer, except in limited “grave injury” situations. But it does not prevent you from suing the owner of the building, the general contractor, or other companies on the site. That third-party claim is where most of the compensation in a serious construction case comes from.

The New York Labor Law, explained without the jargon

Labor Law § 240(1): the “Scaffold Law”

Section 240(1) requires owners and contractors to provide proper protection, such as scaffolds, ladders, hoists, harnesses, and netting, for work at heights and for hoisting materials. If a worker falls from a height, or is struck by a falling object that was not properly secured, and the lack of proper protection was a cause, the owner and contractor can be held responsible even if they were not personally careless. The worker’s own carelessness is generally not a defense under this section, unless the worker’s conduct was the sole cause of the accident.

Typical § 240(1) cases include falls from ladders that slipped or collapsed, falls through roof openings, scaffold collapses, falls from trucks while unloading at height in some situations, and materials dropping from above.

Labor Law § 241(6): specific safety rules

Section 241(6) makes owners and contractors responsible when a worker is injured because a specific rule of the New York State Industrial Code was violated, such as rules about tripping hazards, slippery surfaces, trench shoring, power tool guards, or demolition procedures. Comparative fault can reduce recovery under this section, but the claim remains powerful.

Labor Law § 200: general safety

Section 200 codifies the general duty to provide a reasonably safe workplace. It applies when an owner or contractor controlled the work or knew about a dangerous condition and failed to fix it.

Construction accidents we see in southeast Queens

Falls from ladders and scaffolds on residential renovations and apartment building facade work.
Falls through unprotected openings in floors and roofs.
Being struck by falling tools, bricks, or debris.
Trench and excavation collapses on utility and sewer work.
Injuries from machinery, power tools, and equipment without proper guards.
Trip-and-fall injuries over debris and materials left in passageways.
Electrical injuries.
Vehicle and equipment strikes on sites, including near the large airport-area projects around JFK.

Rochdale and the neighborhoods around it, from Baisley Boulevard and Guy R. Brewer Boulevard to the airport-area corridors, have seen steady residential renovation, infrastructure, and commercial work. Large co-op complexes like Rochdale Village also require ongoing maintenance and capital projects, including roof, facade, and mechanical work, which carries its own risks.

What to do after a construction injury

Get medical care and tell the doctor exactly how the injury happened at work.
Report the injury to your employer in writing. Workers’ comp generally requires notice within 30 days.
File a workers’ compensation claim with the New York State Workers’ Compensation Board, generally within two years.
Write down the names of the general contractor, the property owner if known, your foreman, and any coworkers who saw the accident.
Photograph the ladder, scaffold, opening, or equipment involved, if you or a coworker can do so safely.
Do not sign statements prepared by the employer or contractor without reading them carefully and talking to a lawyer.
Talk to a construction accident lawyer about the Labor Law claim.

Common fears we hear from injured workers

“If I sue, I’ll lose my job.”

The Labor Law lawsuit is usually against the owner and general contractor, not your employer. Retaliating against a worker for filing a workers’ comp claim is unlawful in New York.

“I was paid in cash” or “I’m not on the books.”

You may still have rights. Workers’ comp and Labor Law protections are not limited to workers with formal paperwork, and New York courts have allowed injured workers to recover regardless of how they were paid.

“The foreman says it was my fault.”

Under § 240(1), the worker’s own negligence generally does not defeat the claim when proper safety devices were not provided. Even under other sections, partial fault only reduces recovery under CPLR 1411.

“I don’t speak English well.”

Our firm works in English, Russian, Bukhori, and Hebrew, and we work with interpreters for other languages. You should understand every step of your case.

What a construction case can recover

A successful third-party Labor Law case can include full past and future lost earnings, including the difference between what you earned before and what you can earn now; pain and suffering; future medical care and surgery; and loss of enjoyment of life. The workers’ comp carrier will usually have a lien on the recovery for what it paid, which is negotiated as part of the resolution. Construction injuries often end careers in the trades, so careful documentation of future earning loss, sometimes with a vocational expert and an economist, is essential.

Injuries common in construction accidents

Falls from height and falling objects produce some of the most serious injuries we see: spinal fractures and herniated discs, traumatic brain injuries, broken hips, legs and wrists, shoulder tears, and crush injuries. Many require surgery and months of rehabilitation, and some prevent a return to physical work entirely. Make sure each injury is documented by the right specialist, and keep a simple diary of pain, limitations, and missed work. It becomes powerful evidence later.

How we handle construction cases

We move quickly to identify the owner and every contractor on the site, obtain permits and contracts from public records, and secure site photos, incident reports, safety logs, and witness statements before the site changes or workers scatter to new jobs. We coordinate with your workers’ compensation case so the two claims support each other. Labor Law cases are frequently decided on summary judgment motions, so we build the record for that from the beginning. Read our detailed explainer on Labor Law 240 and 241.

Deadlines

A Labor Law lawsuit generally must be filed within three years of the injury under CPLR 214. If a city agency or public authority owns the property, a notice of claim is generally due within 90 days. Workers’ comp claims have their own notice and filing deadlines. Do not wait.

A Queens firm minutes from Rochdale

Yakov Mushiyev & Associates is at 1 Cross Island Plaza, Suite 325 in Rosedale, a short drive from Rochdale Village. Attorney Yakov Mushiyev has practiced personal injury law in New York since 2014 and has recovered significant results in construction cases, including a $3,100,000 result for a construction fall in Queens. Prior results do not guarantee a similar outcome. See more settlements and verdicts.

Learn more about our construction accident practice, our work injury practice, and our nearby page for construction accidents in Rosedale. We also handle car accidents in Rochdale.

Frequently asked questions

Can I collect workers’ comp and sue at the same time?

Yes. Comp benefits continue while the third-party case proceeds. The comp carrier is repaid part of what it paid from the recovery.

What if I fell from a ladder I set up myself?

Under § 240(1), the question is whether proper protection was provided for the work. A ladder that was not secured, or the wrong device for the job, can establish liability.

What if I was hurt doing work in a private home?

Owners of one- and two-family homes who do not direct or control the work are generally exempt from §§ 240 and 241, but contractors are not. The details matter.