A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Construction Site Injuries Lawyer in Kew Gardens Hills

Injury Recovery Support

Construction Injury Resource

Construction site injuries can leave workers and bystanders facing sudden medical bills, lost wages, and long recovery periods. If you or a loved one was hurt at a worksite in Kew Gardens Hills, it helps to understand the routes available for seeking compensation and assistance. The Ahearne Law Firm PLLC represents people in Hudson Valley and New York who have suffered injuries on construction sites and can explain how claims commonly proceed. Call (845) 986-2777 to discuss your situation and learn what documentation and next steps are most important after a construction accident in Queens County.

Construction incidents include falls, crush injuries, scaffolding accidents, and equipment collisions, each with unique causes and recovery needs. Injuries may occur to employees covered by workers’ compensation or to visitors and subcontractors who may have separate claims. Knowing the distinctions between insurance protections and potential claims against property owners or contractors helps people decide how to proceed. We outline typical timelines, what to record at the scene, and how medical care and ongoing treatment become part of any claim. Early steps often influence long term recovery and the ability to secure fair compensation.

Why Legal Help Matters for Construction Injuries

When a serious injury happens on a construction site, prompt action provides important advantages for a successful claim. A focused approach helps preserve evidence, collect medical records, and identify responsible parties such as contractors, property owners, or equipment manufacturers. Skilled handling of insurer communications and medical billing issues can prevent undervalued settlements and ensure medical liens and lost wage calculations are included. Having representation that understands local practice and statutes often makes the difference between accepting a low offer and obtaining full compensation that reflects the true scope of recovery, rehabilitation, and future needs.

About Ahearne Law Firm PLLC and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC is based in the Hudson Valley and serves clients throughout New York, including Kew Gardens Hills and Queens County. Attorney Allan J. Ahearne, Jr. has handled a range of personal injury matters for clients injured on construction sites, focusing on clear communication, thorough investigation, and practical resolution strategies. The firm works to identify responsible parties, preserve evidence, and guide clients through medical documentation and insurance claims. People who call receive straightforward information about likely steps ahead and realistic expectations for recovery and compensation.

Understanding Construction Injury Claims

Construction injury claims often involve multiple sources of responsibility and a mix of insurance programs. Workers may have access to workers’ compensation benefits for medical care and partial wage replacement, while third-party claims against contractors, property owners, or equipment manufacturers may provide additional recovery for pain, suffering, and long term wage loss. New York law includes particular statutes that apply to elevation-related accidents and unsafe property conditions. Identifying applicable rules and the correct defendant or insurer early can shape the investigative steps necessary to preserve a strong claim.

The practical process begins with gathering medical records, accident reports, witness statements, and any on-site photographs or video. Interactions with insurers and employers should be handled carefully to avoid misunderstandings that can affect coverage. Evaluating liability requires comparing site safety practices, maintenance records, and equipment inspections to the circumstances of the incident. A careful assessment considers both immediate medical treatment and anticipated future care, as both are factored into settlements or court awards, and clear documentation supports fair valuation of damages.

Need More Information?

Key Terms and Glossary

Labor Law 240 (Elevation Safety)

Labor Law 240 is a New York statute that addresses injuries caused by elevation-related hazards such as falls from scaffolding, ladders, and roofs. The law places certain responsibilities on owners and contractors to provide protective devices and to ensure safety when work involves heights. In many cases this provision allows injured workers to pursue compensation from those who control the work site when inadequate safeguards contributed to the accident. Understanding how this statute applies can be important for determining liability and the potential scope of recovery after a fall or similar elevation incident.

Third-Party Claim

A third-party claim arises when an injured worker or visitor pursues compensation from someone other than their employer, such as a subcontractor, property owner, equipment manufacturer, or supplier. These claims are separate from workers’ compensation benefits and may seek compensation for pain and suffering, full wage replacement, and other damages not covered by employer insurance. Establishing a third-party claim often depends on showing negligence or statutory responsibility by an entity that had control over the work environment or the defective equipment that caused the injury.

Workers' Compensation

Workers’ compensation is a no-fault insurance system that provides medical treatment and partial wage replacement to employees injured on the job without requiring proof of employer negligence. While these benefits are available quickly in many cases, they do not typically cover full wage loss, pain and suffering, or long term disability in the same way that a civil claim might. When another party’s negligence contributed to the injury, an injured worker can often pursue a separate civil claim in addition to receiving workers’ compensation benefits.

Comparative Fault

Comparative fault is a legal principle that reduces a recovery in proportion to the injured person’s share of responsibility for the accident. Under comparative fault rules, if an injured party is found partly at fault, their award may be reduced by their percentage of responsibility. This assessment considers the evidence about actions taken by all involved, and careful documentation and timely investigation can affect how fault is apportioned and how much compensation remains recoverable after any reduction.

PRO TIPS

Practical Tip: Preserve Evidence

After an incident, preserving physical and documentary evidence can be vital to a successful claim. Take photographs of the scene, damaged equipment, and visible injuries, and keep clothing and footwear as found at the time of the incident. Obtain contact information for witnesses and request copies of any internal accident reports or site logs, because these items help recreate the sequence of events and support claims about conditions that contributed to the injury.

Practical Tip: Seek Prompt Medical Care

Obtaining medical attention right away is important both for health and for documenting injuries. Follow up with recommended treatment and maintain copies of all medical records, test results, and billing statements, since consistent documentation supports the extent of damages and treatment needs. Even if injuries seem minor at first, continued monitoring and clear medical records create a reliable record for any future claim or settlement discussions.

Practical Tip: Notify Relevant Parties

Report the accident to the employer or site manager and request a written accident report, while also preserving any correspondence with insurers. If a government agency such as OSHA or a local building inspector becomes involved, obtain copies of their reports. Limiting detailed recorded statements to formal settings and keeping a careful written log of medical visits and work restrictions helps maintain clarity throughout the claims process.

Comparing Legal Options After a Construction Injury

When a Full Approach Helps:

Complex Liability Situations

A comprehensive approach is useful when responsibility is unclear or involves multiple parties, such as property owners, contractors, and equipment manufacturers. Thorough investigation into contracts, maintenance records, and site supervision often reveals shared responsibility that affects recovery options. In these circumstances, coordinated efforts to gather evidence and pursue parallel claims can maximize the chances of securing fair compensation that reflects both present and future needs.

Multiple Potential Defendants

When several entities may bear responsibility, a full approach helps identify the most appropriate targets for recovery and prevents premature settlements that leave compensation on the table. Evaluating contractual relationships and site control issues often determines who can be held liable. Ensuring all avenues are explored can lead to broader recovery that accounts for medical care, rehabilitation, and long term earning capacity.

When Limited Steps May Be Enough:

Minor, Well-Documented Injuries

A more limited approach may be appropriate when injuries are minor, recovery is swift, and medical records clearly reflect treatment and return to work. In those situations, pursuing workers’ compensation benefits and straightforward insurer negotiations can resolve matters efficiently. Keeping thorough documentation and promptly submitting required forms often leads to timely resolution without prolonged litigation.

Clear Workers' Compensation Coverage

If the employer’s workers’ compensation coverage clearly applies and the benefits address the injury’s impact, a focused claim for those benefits can be the primary path to recovery. This route may be faster and less adversarial than pursuing additional civil claims when third-party liability is unlikely. Still, preserving evidence and documenting treatment remain important in case further action becomes necessary.

Common Construction Injury Scenarios

Falls from Height

Falls from scaffolding, ladders, or roofs are frequent and often result in severe injuries that require extended medical care and rehabilitation. Proper documentation of fall protection, site conditions, and any missing or defective equipment supports claims related to elevation hazards and safety device failures.

Struck by Objects

Workers struck by falling tools, materials, or equipment can sustain head, spinal, and limb injuries that affect long term function. Identifying how materials were secured and who controlled the site helps determine responsibility and supports recovery for medical and nonmedical losses.

Equipment and Machinery Accidents

Accidents involving cranes, forklifts, and other machinery often involve operator practices, maintenance records, and equipment condition in assessing fault. Gathering maintenance logs, operator training records, and inspection reports can be key to establishing how the accident occurred and who may be liable.

Kew Gardens Hills Construction Injury Attorney

Why Choose Ahearne Law Firm PLLC

People injured on construction sites need clear guidance, timely communication, and determined representation to navigate insurance claims and potential civil actions. Ahearne Law Firm PLLC brings local knowledge of Hudson Valley and New York procedures and focuses on obtaining full documentation of injuries and economic losses. Attorney Allan J. Ahearne, Jr. places priority on keeping clients informed about options and expected timelines, ensuring that critical deadlines are met and that medical treatment and billing paperwork are properly coordinated with claim efforts.

From initial case assessment through settlement negotiations or court filings, the firm aims to manage each step with practical attention to detail and client needs. The office assists in arranging medical documentation, coordinating with treating providers, and pursuing recovery for lost wages and other damages. Prospective clients can call (845) 986-2777 to schedule a conversation about their situation and learn more about available options for moving forward after a construction site injury in Queens County.

Start Your Claim Review

People Also Search For

Kew Gardens Hills construction injury lawyer

Queens construction accident attorney

New York construction site injury claim

construction scaffold fall attorney Kew Gardens Hills

construction accident legal help Queens NY

workers compensation construction injuries NY

third party construction injury claim Queens

Ahearne Law Firm construction injury

FAQS

What should I do immediately after a construction site injury?

Immediately after a construction site injury, focus on personal safety and medical care. If you are able, move to a safe location and seek emergency treatment if necessary. Reporting the injury to the site supervisor or employer and requesting a written incident report is important, as is obtaining contact information for any witnesses. Take photographs of the scene and any contributing conditions while details are fresh, and keep all clothing and equipment as found for potential inspection later. Document all medical visits, tests, and diagnoses, and preserve records of missed work and wage loss. Notify your employer about the injury according to their procedures and file any required workers’ compensation paperwork. Avoid providing recorded statements to insurers without clarification about how the information will be used, and consider arranging a consultation to review your options and next steps.

Can I sue my employer for a construction injury in New York?

In New York, direct lawsuits against employers are limited by the workers’ compensation system for most employee injuries, because employees typically receive no-fault benefits through that program. However, certain statutes and conditions allow additional claims against owners, contractors, or third parties when their negligence or failure to maintain safe conditions contributed to the injury. Identifying which entities controlled the workplace and how safety obligations were assigned is central to determining available avenues for recovery. A separate civil claim may pursue compensation for pain and suffering, full wage loss, and other damages that workers’ compensation does not cover. Assessing contractual relationships and site control issues early helps determine whether a third-party claim is feasible. Maintaining complete medical and job documentation supports any action beyond workers’ compensation benefits.

What is Labor Law 240 and how does it apply to falls?

Labor Law 240 is a New York statute focused on elevation-related safety and imposes obligations on owners and contractors to provide proper protective devices and safeguards when work requires elevation. It often applies to falls from scaffolding, roofs, ladders, and similar situations, and can create liability for those responsible for providing safe conditions. The law is intended to shift responsibility to those controlling job site safety in appropriate circumstances and is commonly invoked in serious fall cases. Understanding whether the statute applies requires examining the nature of the work, who controlled the work environment, and whether adequate protective measures were provided. Early documentation of the work being performed, the equipment used, and any missing safety devices strengthens claims that rely on this provision to establish responsibility for the injury.

How long do I have to file a construction injury claim?

Time limits for filing claims depend on the type of action. Workers’ compensation claims have specific deadlines for reporting and filing with the appropriate board and should be pursued promptly to preserve benefits. Civil actions against third parties for negligence or under certain statutes have statutes of limitations that set the window for filing a lawsuit, and these deadlines can vary depending on the claim’s nature and the parties involved. Because deadlines can expire before all medical treatment is complete or before the full extent of injuries is known, early consultation and timely filing of necessary paperwork are important. Preserving evidence and notifying the proper entities helps protect the right to pursue recovery within the applicable time frames.

Will my case have to go to trial?

Many construction injury claims resolve through negotiation and settlement rather than proceeding to trial, particularly when liability and damages can be documented. Settlement allows parties to reach an agreed resolution without the uncertainties and time associated with court proceedings. Insurers and responsible parties often prefer settlement to avoid litigation costs, and many injured people find negotiated resolutions faster and less disruptive to recovery. However, if a fair settlement cannot be reached or defenses are disputed, litigation may be necessary to obtain full compensation. Preparing for trial in advance can strengthen settlement positions and encourages responsible parties to offer appropriate resolution. The decision to go to court depends on the case specifics, available evidence, and the willingness of parties to negotiate in good faith.

Can I recover if I was partially at fault for the accident?

Under comparative fault principles, a person who is partly at fault for an accident can still recover damages, but their recovery is reduced by their percentage of fault. For example, if a fact finder determines the injured person was partially responsible, that percentage will diminish the total award. Proper documentation, witness statements, and an account of site conditions can mitigate perceived responsibility and affect how fault is apportioned. Demonstrating the primary causes of the accident and any unsafe conditions helps minimize assigned fault. Even when partial fault exists, pursuing available claims can provide compensation for medical care, rehabilitation, and wage loss after the reduction is applied, so it is important to evaluate the situation fully before dismissing a claim.

Do I need an attorney to handle my construction injury claim?

While it is possible to pursue certain claims without representation, construction injury matters often involve complex interactions among workers’ compensation rules, potential third-party liability, and multiple insurance carriers. An attorney can help gather necessary evidence, communicate with medical providers and insurers, and ensure required filings and timelines are met. This support can be especially valuable when liability is disputed or when injuries require long term care and accurate valuation. Having professional assistance can also ease administrative burdens so injured people can focus on recovery. A representative can coordinate documentation, request and review medical and employment records, and provide realistic perspectives on possible outcomes. Many individuals find that early guidance improves the efficiency of claim handling and helps avoid avoidable mistakes.

How is the value of my construction injury case determined?

Case value depends on medical expenses, lost wages, future care needs, the severity and permanency of injuries, and any non-economic losses such as pain and suffering. Documentation of medical treatment, prognosis, and vocational impact is essential for estimating a fair recovery. Economic losses are typically easier to quantify with records, while non-economic damages require careful explanation of how injuries affect daily life and future capacity. Additional factors that influence value include the strength of liability evidence, comparative fault considerations, and the identity and resources of responsible parties. Early and detailed documentation of treatment, time away from work, and ongoing limitations helps build a realistic assessment of potential recovery and supports settlement negotiations or trial preparation.

What if the contractor or subcontractor has no insurance?

If a contractor or subcontractor lacks insurance, avenues for recovery may include claims against other responsible entities that had control over the work site, owners, or equipment manufacturers. Determining who exercised control over site safety and whether contractual relationships shifted responsibility is a key early step. Sometimes multiple parties share responsibilities and coverage, and identifying those links can open additional recovery paths. When responsible parties lack sufficient assets or insurance, recovery may be more limited, but pursuing all potential defendants and exploring available insurance policies remains important. Examining corporate structures and contractual obligations can reveal additional avenues for compensation and help determine the best strategy to pursue on behalf of an injured person.

How long does the claims process usually take?

The duration of a construction injury claim varies widely depending on the case complexity, the extent of injuries, and whether the matter settles or goes to trial. Simple claims involving clear liability and limited medical treatment may resolve in a matter of months, particularly when insurers cooperate. More complex matters that involve detailed investigations, multiple parties, or long term medical issues can take a year or longer to reach final resolution. Coordination of medical treatment and documentation often affects timing, since settlements generally require a reasonable understanding of future care needs. Preparing a case thoroughly and pursuing prompt negotiation can shorten the timeline, while readiness to litigate if necessary can also influence how quickly responsible parties engage in meaningful settlement discussions.

Personal Injury Services in Kew Gardens Hills

Explore our injury practice areas

⚖️ All Personal Injury Services