From the Brookville Boulevard bridge over the Belt Parkway, you can see the cranes. JFK International Airport, just to the south, has been in the middle of a massive multi-year redevelopment, including the construction of the New Terminal One and major work on other terminals and roadways. Thousands of tradespeople work these projects, and many of them live in Brookville, Rosedale, Laurelton and Springfield Gardens, a short drive from the job.
To show how a construction injury case unfolds, we have written a composite journal, a fictional worker’s notes based on the kinds of situations we see, with legal commentary after each entry. If you are a worker searching for a construction accident lawyer in Brookville, this journal will help you understand what lies ahead and what to do at each step.
Day 1
“Fell today. I was on an A-frame ladder hanging conduit in a corridor on the airport job. The ladder wasn’t open all the way because there wasn’t room, and nobody was holding it. It kicked out and I came down on my shoulder and hip. Foreman sent me to the first-aid trailer, then an ambulance took me to the hospital. They said my wrist is broken and they want an MRI on the shoulder.”
Commentary: This is a classic elevation-related injury. New York Labor Law Section 240(1) requires owners and contractors to provide safety devices that properly protect workers from gravity-related hazards. A ladder that could not be fully opened, placed without being secured or held, and that moved and caused a fall is the type of situation the Scaffold Law addresses. Where a violation is a proximate cause of the injury, liability is absolute, and the worker’s own carelessness is generally not a defense.
Day 2
“My wife took pictures of my cast and bruises. I texted my coworker, who sent me a photo of the ladder and the spot where I fell. I wrote down the names of the GC, our electrical sub, and the foreman.”
Commentary: Excellent instincts. Photos of the scene, the equipment and injuries, plus names of the contractors, are exactly what a lawyer needs. On large projects, there may be a construction manager, a general contractor, multiple subcontractors, and the owner, which at JFK may involve the Port Authority and the private developer or terminal operator. Identifying them early matters.
Day 4
“Company’s insurance called about workers’ comp. They want me to fill out forms. Also, a guy from the GC’s insurance company called and wanted to take a recorded statement about ‘what I was doing wrong.'”
Commentary: Two separate tracks are starting. Workers’ compensation through the employer pays medical treatment and a portion of lost wages; the worker should notify the employer in writing within 30 days and file with the Workers’ Compensation Board within two years. The general contractor’s insurer is preparing to defend a likely Labor Law claim. The worker does not have to give it a recorded statement and should not do so without a lawyer.
Day 7
“Talked to a lawyer. She said workers’ comp is only part of it, and that I might have a case against the GC and the owner. She asked if anyone told me to use that ladder, if there were other ladders or a lift available, and if I’d been trained.”
Commentary: These questions go to whether an adequate safety device was provided and whether any defense might apply, such as the “sole proximate cause” defense, where the defendant argues the worker chose not to use available, adequate equipment for no good reason. It is a narrow defense, and its application depends heavily on the facts.
Day 10
“MRI shows a torn rotator cuff. Surgery next month. The doctor says I can’t go back to work for at least four months.”
Commentary: Workers’ compensation will pay authorized treatment and partial wage replacement based on a percentage of the worker’s average weekly wage, subject to the state maximum. It will not pay pain and suffering. A Labor Law claim against the owner and GC can recover pain and suffering, full lost wages, future lost earnings and future medical expenses.
Day 30
“My lawyer sent letters to all the contractors and the owner. She says because this was at the airport, there might be special rules about the Port Authority.”
Commentary: Correct. When the Port Authority of New York and New Jersey may be a defendant, the law governing suits against it requires a notice of claim served at least 60 days before suit and a lawsuit within one year of the accident. Those deadlines are shorter than the three-year statute for most Labor Law claims against private parties. The lawyer is protecting both tracks.
Month 3
“Had surgery. Physical therapy three times a week. Workers’ comp checks are coming but they’re a lot less than my paycheck. Bills are piling up.”
Commentary: This is the financial squeeze many injured workers face. Partial wage replacement often does not cover the household budget. The lawyer can help make sure benefits are calculated correctly, including overtime where appropriate, and can advise on other resources. Meanwhile, the Labor Law case is building toward a recovery that accounts for the full loss.
Month 6
“Deposition today. Their lawyers asked me a hundred questions about the ladder, my training, my past injuries. My lawyer prepped me last week, so I was ready.”
Commentary: Depositions are a normal part of litigation. Preparation, honesty and consistency are the keys. The lawyer may also move for summary judgment on liability under Section 240(1) if the facts are clear, which can resolve the question of fault early and leave only damages to decide.
Month 12
“Back at work on light duty. Shoulder will never be 100%. My lawyer says the case is moving toward mediation.”
Commentary: Many Labor Law cases resolve through mediation or settlement after discovery. Any recovery must account for the workers’ compensation lien, which the lawyer negotiates. Future medical needs and reduced earning capacity are part of the damages analysis.
What the Journal Teaches
- Get medical care and document everything, including the scene.
- Write down every contractor’s name.
- Report the injury to your employer in writing within 30 days.
- File for workers’ compensation.
- Do not give statements to other contractors’ insurers.
- Talk to a lawyer early, especially on airport or public projects with short deadlines.
For official workers’ compensation information, visit the New York State Workers’ Compensation Board. For federal construction standards, see OSHA.
We Represent Brookville’s Building Trades
Mushiyev Law’s office is minutes from Brookville and JFK. We handle Labor Law cases for electricians, carpenters, laborers, ironworkers and other trades on airport, commercial and residential projects. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Brookville to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From JFK, take the Belt Parkway east to Brookville Boulevard or the Cross Island Parkway, then head to Cross Island Plaza in Rosedale. It is about a 15-minute drive.
Not Every Brookville Construction Injury Happens at the Airport
The journal above follows an airport worker, but plenty of Brookville construction injuries happen closer to home. Brookville’s low-lying streets have seen extensive work since Hurricane Sandy: homes raised on new foundations, basements filled, drainage installed, and city sewer and street projects along Brookville Boulevard and the surrounding blocks. These projects bring their own hazards:
- House-raising work, where homes are lifted on cribbing and jacks, exposing workers to collapse and fall hazards.
- Excavation and trenching for new foundations and drainage, with risks of cave-ins in Brookville’s wet soils.
- Roofing and siding on newly elevated homes, which puts workers higher off the ground than on typical renovations.
- City infrastructure projects where contractors work for public agencies.
When the City of New York or another public entity owns a project, the Labor Law still applies, but a Notice of Claim must generally be served within 90 days before suing the public owner. Private homeowners of one- and two-family houses who do not direct the work are generally exempt from Sections 240(1) and 241(6), but the contractors they hire are not.
Union and Non-Union Workers Alike
Labor Law protections apply to union members and non-union workers equally. Union members may have additional benefits through their funds, such as supplemental disability or health coverage, which may need to be coordinated with workers’ compensation and any third-party recovery. Non-union workers, including day laborers hired for a single job, have the same right to pursue Labor Law claims against owners and contractors. What matters is the nature of the work and the hazard, not the worker’s union status or how they were hired.
The Families Behind the Workers
A serious construction injury affects the whole household. Spouses take on caregiving and extra work, children see a parent in pain, and finances tighten. In New York, a spouse may bring a derivative claim for loss of services as part of the injured worker’s lawsuit. If a worker is killed, the family may receive workers’ compensation death benefits and pursue a wrongful death claim against negligent third parties, generally within two years.
Frequently Asked Questions
Can I sue if I fell from a ladder on a JFK construction project?
Possibly. Labor Law 240(1) can make owners and contractors absolutely liable for elevation-related falls when proper safety devices were not provided. If the Port Authority is involved, special notice and one-year filing rules apply.
Does workers’ compensation cover pain and suffering?
No. Workers’ compensation pays medical treatment and partial wage replacement. Pain and suffering may be recovered through a Labor Law or negligence claim against third parties.
What is the sole proximate cause defense?
A defense arguing the worker’s own conduct was the only cause, for example refusing adequate, available safety equipment without reason. It is narrow and fact-specific.
How long do I have to sue after a construction accident near Brookville?
Generally three years against private parties, but claims against the Port Authority require notice at least 60 days before suit and a lawsuit within one year.
How much does a construction accident lawyer in Brookville cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.