Construction Accident Lawyer in Jamaica Estates, NY
Jamaica Estates is a neighborhood of large single-family houses on hilly, winding streets, and much of its construction is residential: additions, full renovations, new roofs, and older houses taken down to the foundation and rebuilt. On those jobs, one legal question comes up more than any other — whether the homeowner can be held responsible at all.
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The Homeowner Exemption
New York's strongest construction-safety laws, Labor Law §240(1) and §241(6), make owners and contractors responsible for certain injuries regardless of fault. But both contain an exception: owners of one- and two-family dwellings who contract for the work but do not direct or control it are not liable under those sections.
That exception is narrower than it sounds, and on Jamaica Estates jobs it often does not apply:
- The general contractor is never exempt. The homeowner exemption protects the owner, not the company running the job. A worker who falls from a scaffold on a house renovation can still bring a Labor Law claim against the contractor.
- Owners who direct the work lose the exemption. An owner who tells workers how to do the job, supplies the equipment, or acts as his own general contractor may be treated as controlling the work.
- Houses built or renovated for profit can fall outside it. When a house is being built or renovated as a commercial venture — to sell or rent rather than to live in — courts look at whether the "dwelling" was really being used for residential purposes. A developer or LLC that owns a house to resell it may not be protected.
Sorting out who owned the property, who hired whom and who controlled the work is usually the first job in these cases. Deeds and building permits are public records, and they often answer it.
The Injuries We See on Residential Jobs
Houses here are large and often built on slopes, which means tall ladders, scaffolds set up on uneven ground, and steep roofs. Falls from roofs and ladders are the most common serious injuries. Demolition of older houses brings falling debris and collapse hazards, and excavation for new foundations carries the risk of trench and wall collapse. Electrical and gas work in older homes adds shock and burn injuries.
Even where the Labor Law does not apply, Labor Law §200 and ordinary negligence principles still require an owner or contractor who controlled the work, or knew about a dangerous condition, to address it.
Workers' Compensation Still Applies
If you were working for a contractor, your employer's workers' compensation insurance pays your medical care and part of your wages while you recover. Give your employer written notice of the injury within 30 days, and file the claim within two years. A homeowner who hires an uninsured contractor can face problems of their own, but your right to benefits does not depend on the homeowner's choices. See our workers' compensation page for details.
Paid in Cash, or No Papers
Many residential jobs are paid in cash, and many of the workers on them are immigrants. Neither fact, by itself, prevents an injured worker from bringing a claim in New York. The questions are about the work and the accident, not your status. Hablamos Español.
What to Do After an Accident
Get medical attention first. Queens Hospital Center on 164th Street is close by, and Jamaica Hospital Medical Center on the Van Wyck is a state-designated Level I trauma center. Then write down the address of the house, the names of the contractor and anyone else working there, and what happened. Photograph the ladder, scaffold or roof edge if you can. The building permit posted at the property, or searchable on the Department of Buildings website, identifies the owner and the permit holder.
Deadlines and the Court
A Labor Law or negligence lawsuit generally must be filed within three years of the accident under CPLR §214. Cases from Jamaica Estates are filed at Queens County Supreme Court, Civil Term at 88-11 Sutphin Boulevard.
Talk to Us
Our office is on Union Turnpike, along Jamaica Estates' northern edge. The consultation is free, and there is no fee unless we win. Read more about our construction and work injury practice, our Scaffold Law guide, or the team 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 Jamaica Estates, construction accidents in Fresh Meadows and car accidents in Hollis.
Common questions
I fell off the roof of a house in Jamaica Estates. The owner says I have no case against him. Is that right?
Maybe as to the owner, if it is a one- or two-family house he lives in and he did not direct the work. But the contractor who hired or supervised you is not protected by that exemption, and you have workers' compensation benefits regardless.
The house was being renovated to be sold. Does that matter?
It can matter a great deal. When a house is being worked on for commercial purposes rather than as the owner's home, the homeowner exemption may not apply, which can open a Labor Law claim against the owner as well.
How do I find out who owns the property?
Property ownership and building permits are public. We can look them up as part of reviewing your case, which is often how we identify everyone who may be responsible.
This page is general information about New York law for workers in Jamaica Estates, 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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