Construction Accident Lawyer in St. Albans, NY

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If You Were Working on the Job

Workers are protected by New York's Labor Law. Section 240(1) makes owners and contractors responsible when a worker falls or is struck by a falling object because proper safety devices were not provided, regardless of fault. Section 241(6) covers injuries caused by violations of specific Industrial Code rules, and Section 200 covers unsafe conditions that an owner or contractor controlled.

Many St. Albans homes are one- and two-family houses, and owners of those homes who hire a contractor without directing the work are generally exempt from the strictest Labor Law claims. The contractor is not, and neither is the owner of a commercial building on Linden Boulevard, Merrick Boulevard or Farmers Boulevard.

Older Houses in Addisleigh Park

The Addisleigh Park Historic District — designated by the Landmarks Preservation Commission in 2011 — is a neighborhood of large Tudor Revival and other early-twentieth-century houses between Merrick Boulevard, Linden Boulevard and the LIRR. Work on houses of that age often means steep roofs, slate and tile, chimneys, masonry repointing and window restoration, all done at height. Landmark rules affect how the work must look, not who is responsible for keeping workers safe. A worker who falls from a steep roof without fall protection has the same rights on a landmarked house as on any other.

If You Were Walking Past

The Labor Law protects workers, not the public. A pedestrian struck by falling materials, tripped by debris on the sidewalk, or injured by equipment swinging over the sidewalk has an ordinary negligence claim against the contractor and the property owner. New York City's building rules require contractors to protect the public around construction — sidewalk sheds, fencing, netting and keeping walkways clear — and a failure to follow them is strong evidence of carelessness. Falls on sidewalks next to a job site can also involve the property owner's duty to maintain the sidewalk.

Federal and State Property on Linden Boulevard

Linden Boulevard is home to two large public facilities for veterans: the VA's St. Albans Community Living Center at 179-00 Linden Boulevard, and the New York State Veterans Home nearby. Construction on public property brings different procedures. A claim against the State goes to the New York Court of Claims, generally within 90 days. A claim against a federal agency is governed by the Federal Tort Claims Act, which requires an administrative claim within two years and has its own limits on what can be recovered. The private contractors on those jobs may still be sued in state court. If you were hurt on either campus, sort out who owned the project right away.

Workers' Compensation

If you were hurt at work, your employer's workers' compensation pays medical bills and part of your lost wages. Report the injury to your employer in writing within 30 days and file the claim within two years. A Labor Law claim against the owner or another contractor runs alongside it; see our workers' compensation page.

What to Do

Queens Hospital Center and Jamaica Hospital Medical Center, a state-designated Level I trauma center, are the nearest major hospitals. Get treated and explain exactly how you were hurt. Then record the address, the property owner, the contractor's name from the permit or the sidewalk shed, and anyone who saw it. St. Albans is in the NYPD's 113th Precinct. Pedestrians hurt by construction should also report the incident to 311, which creates a city record of the condition.

Deadlines and the Court

Claims against private owners and contractors generally must be filed within three years under CPLR §214; these cases are heard in Queens County Supreme Court, Civil Term in Jamaica. City projects require a notice of claim within 90 days; state and federal projects have the separate rules described above.

Talk to Us

There is no cost to talk, and no fee unless we win. Read more about our construction and work injury practice or see who we are 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 St. Albans, construction accidents in Queens Village and construction accidents in Hollis.

Common questions

A piece of a building fell on me while I walked down Linden Boulevard. Who is responsible?

Usually the building owner and, if work was being done, the contractor. Owners must keep their buildings in safe repair, and contractors must protect the public around their work. The answer depends on whether the piece fell from a building under construction or one that was simply poorly maintained.

I was renovating a landmarked house. Do the landmark rules change my claim?

No. Landmark rules control the appearance and materials of the work. Your protection as a worker comes from the Labor Law, which applies the same way.

I was hurt on a job at the VA campus. Can I sue the VA?

Claims against the federal government go through the Federal Tort Claims Act, starting with an administrative claim within two years. Private contractors on the job can often be sued separately. These cases have unusual rules, so it is worth getting advice early.

This page is general information about New York law for people in St. Albans, 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.