Construction Accident Lawyer in Hollis, NY
Hollis is a neighborhood of one- and two-family houses, with storefronts along Jamaica Avenue and Hillside Avenue. The construction here is mostly roofing, siding, gutters, porches, additions and storefront renovation — work done from ladders and low scaffolds, where a fall of one story can still break a back. When it happens, the contractor's insurer almost always says the same thing: the worker caused it.
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What the Scaffold Law Requires
Under Labor Law §240(1), owners and contractors must provide ladders, scaffolds, hoists, harnesses and other devices that give a worker "proper protection" against falling. If a ladder shifts because no one footed or secured it, a scaffold plank breaks, or a roofer has no harness or tie-off point, and the worker falls, the owner and contractor can be responsible even if they were not personally careless. The worker's own carelessness does not reduce that recovery the way it would in an ordinary injury case.
On residential jobs in Hollis, the first question is usually who can be held responsible. Owners of one- and two-family houses who hire a contractor and do not direct the work are generally exempt from §240(1) and §241(6). The contractor who hired or supervised you is not, and neither is a building owner whose property is commercial, like a storefront on Jamaica Avenue or Hillside Avenue.
"It Was His Own Fault": The Defenses You Will Hear
Because the Scaffold Law makes it hard to blame the injured worker, insurers lean on two related arguments.
- "Sole proximate cause." The defense argues the worker's own conduct was the only cause of the fall — for example, that proper equipment was available on site and the worker chose not to use it. If adequate equipment was not provided, or was not actually available, the argument usually fails.
- "Recalcitrant worker." The defense argues the worker refused a specific instruction to use safety equipment that was provided. A general instruction to "be careful" is not the same thing.
Both defenses turn on facts: what equipment was at the house, who said what to whom, and whether the safety device that was there was actually suitable for the job. That is why the names of coworkers and the condition of the ladder or scaffold matter so much in the days after a fall.
Other Claims That May Apply
Not every injury is a fall. A worker shocked by a live wire, hurt by an unguarded saw, or tripped by debris left in a work area may have a claim under Labor Law §241(6), which applies when a specific provision of the state Industrial Code was violated. Labor Law §200 covers unsafe conditions an owner or contractor controlled or knew about.
Workers' Compensation and the Lawsuit
Your employer's workers' compensation coverage pays for treatment and part of your lost wages. Notify your employer in writing within 30 days and file the claim within two years. A Labor Law claim against the owner or a contractor other than your employer is separate, and you can pursue both. Our workers' compensation page explains how they fit together.
After the Accident
Queens Hospital Center is a few minutes west, and Jamaica Hospital Medical Center and Long Island Jewish Medical Center are state-designated Level I trauma centers. Tell the doctor exactly how you were hurt at work. Afterward, write down the address, the homeowner or business, the contractor, the coworkers who saw it, and what equipment was there — and what was not. If it is safe, photograph the ladder, the scaffold, and the roof or wall you were working on. Hollis is in the NYPD's 103rd Precinct, which usually becomes involved only if there is a death or a crime.
Paid Off the Books?
A lot of residential work in southeast Queens is paid in cash, sometimes by contractors who are not properly insured. That does not, by itself, end your claim, and your immigration status does not decide it either. We will help you sort out who was responsible for the job. Hablamos Español.
Deadlines and the Court
A Labor Law or negligence claim generally must be filed in court within three years under CPLR §214. If a city agency owns the property, a notice of claim is due within 90 days. Cases from Hollis are filed at Queens County Supreme Court, Civil Term on Sutphin Boulevard, a short ride west.
Talk to Us
A free conversation is the place to start, and there is no fee unless we recover for you. Learn more on our construction and work injury page, read the guide to the Scaffold Law, or meet the attorneys and staff 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 Hollis, construction accidents in Jamaica and construction accidents in Jamaica Estates.
Common questions
There was a harness in the truck, but nobody told me to use it. Is my claim over?
Not necessarily. The defense must usually show more than that equipment existed somewhere; it matters whether it was suitable, available at the work area, and whether you were specifically told to use it. These cases are decided on those details.
I fell from a stepladder only a few feet off the ground. Does the Scaffold Law still apply?
It can. There is no minimum height. What matters is whether the work exposed you to an elevation-related risk and whether you were given proper protection against it.
I was hurt working on a store on Jamaica Avenue. Who could be responsible?
The building owner, the business that hired the work, and the general contractor are all possible defendants, depending on who owned and controlled the property and the job. The homeowner exemption does not apply to commercial property.
This page is general information about New York law for workers in Hollis, 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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