Construction Accident Lawyer in Kew Gardens Hills, NY

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Synagogues, Yeshivas and Other Institutions

Religious and educational buildings along and near Main Street are regularly expanded and renovated. Institutional owners are treated like any other owner under New York's construction-safety laws: they are not covered by the exemption that protects owners of one- and two-family homes. If a worker falls from a scaffold during a synagogue renovation, or is struck by materials dropped from a roof at a school addition, the institution that owns the building and the general contractor can both be responsible under Labor Law §240(1), regardless of whether anyone was careless.

These projects are often managed by volunteers or a building committee rather than a professional owner's representative, and the paperwork can be thin. The general contractor's identity, the permits on file with the Department of Buildings and the insurance certificates exchanged before the job started are usually what tie a case together.

Queens College and the Court of Claims

The northern part of the neighborhood is home to Queens College, a senior college of the City University of New York. Claims against CUNY's senior colleges are generally treated as claims against the State, which means they belong in the New York Court of Claims rather than in Queens County Supreme Court, and they have their own deadlines: a claim or a notice of intention to file one is generally due within 90 days of the accident under the Court of Claims Act. The private contractors working on a campus project can still be sued in Supreme Court. If you were hurt on a campus job, the 90-day clock is the first thing to deal with.

Attached Houses

Much of the housing here is attached or semi-detached, so roof, facade and rear-extension work is done from ladders and scaffolds set up in narrow yards and driveways. Owners of one- and two-family homes who hire a contractor and do not direct the work are generally exempt from §240(1) and §241(6) claims. The contractor is not exempt, and a house with more than two units is not covered by the exemption at all.

Main Street Storefronts

Shop renovations on Main Street involve interior demolition, electrical work and new storefronts, often done quickly between tenants. Falls from ladders, falling objects, electrical shocks and debris on the floor are common causes of injury. Commercial building owners have no homeowner exemption, so the Labor Law usually applies.

Small Jobs, Thin Paperwork

Many injuries here happen on small jobs: a one-week roof repair on an attached house, a storefront sign, a few days of interior work at a shul or school. Small jobs rarely have the written safety plans and daily logs that large sites keep, so the evidence comes from elsewhere. Text messages and calls with the contractor who hired you, payment records, photographs taken that day, and the names of the other workers often prove who ran the job and what equipment was there. Building permits and the owner's own messages with the contractor help establish who controlled the work. Hold on to everything, including messages that seem unimportant.

Compensation and a Third-Party Claim

Workers' compensation from your employer pays your medical bills and a portion of your lost wages. Report the injury to your employer in writing within 30 days and file your claim within two years. You generally cannot sue your own employer, but you can bring a claim against the owner, the general contractor and other companies on the job. See our workers' compensation page for more.

What to Do

NewYork-Presbyterian Queens in Flushing and Queens Hospital Center in Jamaica are the nearest emergency departments. Tell the doctor the injury happened at work. Note the property address and owner, the contractor, your coworkers' names and what equipment was there. Kew Gardens Hills is in the NYPD's 107th Precinct, but construction accidents are mainly investigated by the Department of Buildings and, for serious injuries, by OSHA.

Deadlines

• Private owners and contractors: generally three years under CPLR §214; these cases are heard in Queens County Supreme Court, Civil Term.
• New York City agencies: a notice of claim within 90 days.
• The State and CUNY senior colleges: a claim or notice of intention in the Court of Claims, generally within 90 days.

Talk to Us

We are about two miles east on Union Turnpike, one ride on the Q46. Talking to us is free, and we are paid only from a recovery. See our construction and work injury practice, 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 Kew Gardens Hills, construction accidents in Fresh Meadows and car accidents in Kew Gardens.

Common questions

Can a synagogue or yeshiva really be held responsible for my fall?

Yes. Under the Labor Law, the owner of the building is responsible for providing proper protection on a construction job, and religious and educational institutions are not exempt from that rule.

I was hurt on a project at Queens College. Do I have more time if I go through a private contractor?

The contractor can generally be sued within three years, but any claim against CUNY or the State has a much shorter deadline in the Court of Claims. Do not wait to find out which applies.

Can we meet on a day other than Shabbat?

Of course. We schedule around religious observance. Call us during the week and we will find a time that suits you.

This page is general information about New York law for workers in Kew Gardens Hills, 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.