Construction Accident Lawyer in Briarwood, NY

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The Van Wyck Work Zone

The New York State Department of Transportation has been expanding the Van Wyck between the Kew Gardens Interchange and JFK Airport. The work has included rebuilding overpass bridges south of Hillside Avenue, relocating exit ramps and modifying railroad bridges over the expressway near the interchange, with the AirTrain running down the median. Highway construction combines nearly every hazard on a job site with live traffic a few feet away: workers struck by passing vehicles or by construction equipment backing up, falls from bridge decks and formwork, and materials dropped from overhead.

Claims When the State Owns the Project

When the owner is the State of New York, a claim against the State cannot be filed in Queens County Supreme Court. It goes to the New York Court of Claims, and under the Court of Claims Act a personal injury claim — or a notice of intention to file one — generally must be served within 90 days of the accident. That deadline is easy to miss when you are recovering from an injury.

The private contractors and subcontractors on a state job are a separate matter. They can be sued in Queens County Supreme Court on the ordinary three-year deadline under CPLR §214. Many highway injury cases involve both: a Court of Claims case against the State as owner, and a Supreme Court case against the contractor that ran the work.

Which Labor Law Sections Apply

The Labor Law applies to public owners as well as private ones. Labor Law §240(1) covers falls from height and falling objects, such as a worker who falls from a bridge structure without fall protection. Labor Law §241(6) covers injuries caused by violations of specific Industrial Code rules, including rules on protecting workers from vehicle traffic and from moving equipment. Highway cases often turn on the traffic-control plan for the work zone — where the barriers, flaggers and warning signs were supposed to be, and where they actually were.

City Projects: The Kew Gardens Jail Site

Across the Van Wyck, the city's borough jail at 126-02 82nd Avenue was still in design as of early 2026, with site preparation and utility work expected ahead of construction. When a city agency is the owner, the claim stays in Supreme Court, but a notice of claim must be served on the city within 90 days under General Municipal Law §50-e.

Private Jobs in Briarwood

Inside the neighborhood, the work is smaller: renovations to houses and apartment buildings, work at the Parkway Village co-op, and maintenance on schools and religious buildings. The usual private-owner rules apply there, including the exemption for owners of one- and two-family homes who do not direct the work.

Railroad Work Over the Expressway

Part of the Van Wyck work near the Kew Gardens Interchange involves the Long Island Rail Road's bridges over the expressway. Who you work for matters a great deal on railroad work. An employee of the LIRR itself who is hurt on the job is generally covered by the Federal Employers' Liability Act, a federal law that lets railroad workers sue their employer for negligence, rather than by workers' compensation. An employee of a construction contractor working on railroad property is in the usual position: workers' compensation from the employer, and possible Labor Law claims against the owner and other contractors. If you are not sure which applies to you, your paystub usually answers it.

Workers' Compensation

Your employer's workers' compensation insurance covers medical care and part of your wages after a job injury. Give your employer written notice within 30 days and file the claim within two years. Compensation is usually your only remedy against your own employer, but not against the owner or other contractors. See our workers' compensation page.

After an Injury

Jamaica Hospital Medical Center, on the Van Wyck itself, is a state-designated Level I trauma center, and Queens Hospital Center is just east of Briarwood. Tell the doctor exactly how you were hurt. Write down the contract or project name on the job signs, your employer, the general contractor and anyone who saw what happened. Briarwood is in the NYPD's 107th Precinct; on the expressway, a highway unit may respond. For serious injuries, OSHA and state agencies will often investigate.

Talk to Us

We are a little over two miles east on Union Turnpike. A consultation costs nothing and we charge no fee unless we recover for you. See our construction and work injury practice and our team page.

Davidov & Cohen Law, PLLC
185-22 Union Tpke, Suite 203
Fresh Meadows, NY 11366
(718) 328-8001

Nearby: car accidents in Briarwood, construction accidents in Jamaica and construction accidents in Kew Gardens Hills.

Common questions

I was hit by a car while working in a highway lane closure. Is that a car accident or a construction accident?

It can be both. The driver who hit you may be responsible, and the contractor and owner may be responsible if the work zone was not set up to protect you. Workers' compensation applies too. Each claim has its own deadlines, and the one against the State is the shortest.

How do I know if the State owns the project I was working on?

Project signs, your paystubs, and the contract number used on site usually show it. We can confirm the owner as part of reviewing your case — quickly, because of the 90-day deadline.

I missed the 90-day deadline. Is my case over?

Not necessarily. Courts can sometimes allow a late claim, and the claim against the private contractor has a longer deadline. Call as soon as you can.

This page is general information about New York law for workers in Briarwood, 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.