Construction Accident Lawyer in Auburndale, NY
In Auburndale's residential blocks between Utopia Parkway and the Clearview Expressway, older houses are renovated, expanded and sometimes taken down and rebuilt. Demolition and new foundations are some of the most dangerous phases of construction — excavations that can collapse, walls that come down in the wrong direction, heavy equipment moving in tight lots. Workers hurt on those jobs often have strong claims, but they have to move quickly to preserve them.
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Excavation and Trench Collapses
Digging a new foundation or a utility trench next to an existing house means working below grade next to soil that wants to cave in. New York's Industrial Code has specific rules for excavation work — when trench walls must be shored, sloped or braced, how far spoil piles must be kept from the edge, how workers get in and out. When a worker is injured because one of those rules was not followed, Labor Law §241(6) can make the owner and general contractor responsible, even if they were not on site.
Because §241(6) depends on a specific Industrial Code violation, the early facts matter: how deep the trench was, whether there was shoring, how close the excavated soil was piled, and whether anyone inspected the trench that day.
Demolition
Demolition brings falling debris, collapsing walls and floors, and hazardous materials in older buildings. A worker struck by a section of wall or roof that was not properly braced may have a claim under the Scaffold Law, Labor Law §240(1), which covers injuries from objects that fall because they were not adequately secured. Falls through floors or roof openings during demolition are covered by the same law.
Who Is Responsible on a Rebuild
On a house being torn down and rebuilt, the owner is not always someone who lives there. Houses are often bought by builders or investment companies to rebuild and sell, and courts look at whether the property was really being used as a one- or two-family residence when deciding whether the homeowner exemption applies. An owner building a house for sale may be responsible under the Labor Law just like any commercial owner. The general contractor and the excavation or demolition subcontractor are never covered by the homeowner exemption.
Neighboring property owners can be involved too, if the excavation undermined their property or their own work contributed to the hazard. Those questions come up often on tight Auburndale lots.
Foundations, Formwork and Concrete
Once the excavation is done, the next phase brings its own injuries. Formwork for footings and foundation walls can collapse during a pour, workers can fall into an open excavation from its edge, and exposed reinforcing bars can impale anyone who falls onto them. Concrete trucks and pumps maneuvering on a narrow residential lot add struck-by hazards. Many of these risks are addressed by specific Industrial Code provisions, which is why a violation can support a claim under Labor Law §241(6). Photographs of the forms, the edge protection and the rebar, taken before the next pour covers them, can be decisive.
Compensation From Your Employer
Workers' compensation pays your medical care and a portion of your wages while you recover. Notify your employer in writing within 30 days and file the claim within two years. You can pursue a Labor Law claim against the owner and other contractors at the same time. Our workers' compensation page explains how the two work together.
Immediately After an Accident
NewYork-Presbyterian Queens in Flushing is the nearest hospital. Crush and collapse injuries can be worse than they first appear, so get evaluated even if you walked away. Then record the property address, the owner and builder, the excavation or demolition company, and the names of the workers there. Serious construction accidents are reported to the Department of Buildings, and OSHA must be notified by the employer of hospitalizations and deaths; those records can become evidence. Auburndale is in the NYPD's 111th Precinct.
Deadlines and the Court
A lawsuit against an owner or contractor generally must be filed within three years under CPLR §214. If the excavation was for a public utility or city project, a notice of claim may be due within 90 days. Auburndale cases are filed at Queens County Supreme Court, Civil Term in Jamaica.
Talk to Us
We are about two and a half miles south, on Union Turnpike. Calling is free, and our fee comes only out of a recovery. See our construction and work injury practice, our Scaffold Law guide, or the people on our team page.
Davidov & Cohen Law, PLLC
185-22 Union Tpke, Suite 203
Fresh Meadows, NY 11366
(718) 328-8001
Nearby: car accidents in Auburndale, car accidents in Bayside and construction accidents in Oakland Gardens.
Common questions
The trench I was working in caved in, but no one else saw it. Can I still prove what happened?
Often, yes. Photographs, the condition of the site afterward, equipment records, building permits and medical findings can show how a collapse happened. The site will change quickly, so it is important to preserve what you can early.
The house was being torn down by a company that bought it to resell. Does that help my case?
It can. An owner building or renovating a house for sale may not qualify for the homeowner exemption, which means the owner may be responsible under the Labor Law.
I was paid in cash by the demolition crew's boss. Can I still file a claim?
Yes. How you were paid does not by itself prevent a claim, and neither does your immigration status. Hablamos Español.
This page is general information about New York law for workers in Auburndale, Queens. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Attorney Advertising.
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