You Deserve an Experienced Queens Construction Accident Attorney

If businesses handling construction in Queens ignore labor laws or fail to take proper precautions, the results can be devastating.

If you were injured or lost a relative in a Queens construction site accident, we recommend talking with a Queens construction accident lawyer right away. Hecht, Kleeger & Damashek, P.C. has years of experience winning compensation in these claims.

We offer free initial case consultations. Reach out online or call 212-490-5700 to set up a no-risk appointment.

How Common Are Construction Accidents in Queens?

Construction is a dangerous job in NYC. In 2019, 24 construction workers were killed, according to the U.S. Bureau of Labor Statistics. New York City had more work-related deaths in construction than any other industry.

Injuries were a problem, too. The BLS reported New York’s construction industry had an incident rate of 2.2 injuries or illnesses per 100 full-time workers in 2019.

The New York City Department of Buildings reported 502 construction-related injuries and eight deaths as of 2020. Sixty-one of those injuries and one death happened in Queens.

If you were hurt or lost a relative in a fatal construction accident, please don’t wait to hire a Queen construction accident lawyer. Ask for help right away. Your first meeting with us is free, and there are no obligations.

What is the Process for Construction Accident Claims in Queens, New York?

Queens, NY labor laws make the owner and general contractor responsible for providing a safe construction site.

If you’re injured on the job, you’ll have Workers’ Compensation benefits. But you might have other options, too. You might have the right to file a third-party liability lawsuit and pursue additional compensation.

Talk with our Queens, New York construction accident attorneys about the difference between a Workers’ Compensation claim and a third-party liability lawsuit. We’ll explain New York law and how it applies to your situation.

We Gather Evidence for Queens Construction Site Accidents

We’ve tackled cases involving all types of construction accidents in Queens—we know what we’re doing. We’ll immediately investigate and gather evidence. We’ll find out what happened, including if someone violated an OSHA regulation.

We need to know what happened and identify who’s at fault and liable. This step is essential to find out if you can file a third-party liability lawsuit.

Common Queens construction site accidents include:

Are you ready to find out what happened? Give us a call at 212-490-5700 to schedule your free consultation and get started.

We Look for Labor Law Violations in Queens

A benefit of hiring our construction accident attorneys is our in-depth knowledge of New York labor laws and OSHA health and safety regulations. We know what a safe construction site looks like. We also know how to find evidence of labor law violations by a site owner, general contractor, or sub-contractor.

Important labor laws in New York include:

  • Labor Law Section 200: General Duty to Protect: This law creates an employers’ general duty to protect their employees’ health and safety. Businesses must provide “reasonable and adequate protection to the lives, health, and safety of all persons” they employ.
  • Labor Law Section 240: NYC Scaffolding Law: This law creates special protections for workers who suffer gravity-related mishaps and injuries, such as falls from scaffolding, ladders, falling objects, ledges, and floor openings.
  • Labor Law Section 241: Additional Employer Duties: This law provides more detailed regulations on what employers must do to protect their employers’ health and safety on construction, demolition, and excavation sites, including the specific equipment employers, provide.

We Identify the Liable Party

Fault doesn’t matter for Workers’ Compensation. No matter who is to blame, you can usually receive benefits. There are some exceptions. Your employer may fight your claim if there’s evidence your recklessness or intentional misconduct caused your injury.

Identifying who is at fault is vital in figuring out whether you have a third-party liability claim.

Parties who might be liable for your injuries:

  • General contractors
  • Property owners
  • Independent contractors
  • Sub-contractors
  • Vendors
  • Engineers
  • Architects
  • Manufacturers
  • Distributors
  • Retailers
  • Motorists

Many parties other than your employer might be involved in the accident. When one of these parties is wholly or partly at fault for your injuries, then our Queens construction accident attorneys can guide you in pursuing compensation.

Let Us Reduce Your Stress While You Recover From Construction Injuries

Construction accidents often cause severe or catastrophic injuries, such as:

You’re going through a lot right now – visiting doctors, managing pain, hoping for a full recovery. You have enough on your plate without dealing with insurers or worrying about filing a lawsuit.

By working with our Queens construction accident lawyers, you have someone to do the leg work for you. We gather evidence, talk with the insurer, and fight for you to receive maximum compensation.

Our priority is limiting your stress so you can heal.

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Construction Workers Injured on an Exterior Scaffold

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How To Benefit From Workers’ Compensation After a Construction Accident in Queens

Most New York employers have to provide Workers’ Compensation insurance for their employees. This coverage provides medical and lost earnings benefits if you’re injured on the job or diagnosed with a work-related medical condition.

What Are My Medical Benefits?

Medical benefits cover your:

  • Diagnostic tests and exams
  • Treatments and procedures
  • Prescriptions
  • Follow-up appointments
  • Other reasonable and necessary medical expenses

Where you can receive care for your injuries depends on your Workers’ Compensation insurance coverage. If you’re not sure what medical expenses are covered or what doctor to go to, talk with your employer and a lawyer.

If you’re having trouble getting medical care approved, call us immediately. We’ll fight for you to get the treatment you need.

How To Calculate Lost Wages in Queens

If you can’t work for over 14 days, you might be entitled to lost earnings payments. Calculating these earnings can be complex, which is why we recommend hiring a lawyer. We carefully review the calculations for your average weekly wage and how the insurer determined your percentage of disability.

Your AWW is based on your gross earnings, including overtime, in the previous 52 weeks before you were hurt. Various situations can impact this calculation, like if you’re new to this job or worked an odd schedule. Let us help you calculate your AWW. That way, you can be confident it’s right.

The amount you receive depends on your level of disability, such as:

  • Total (100%)
  • Marked (75%)
  • Moderate (50%)
  • Mild (25%)

Anything less than 100% is called partial disability. Your doctor or an independent medical examiner determines this degree of disability.

Your weekly wage benefit is 2/3 X AWW X Percentage of Disability. The amount can’t be over the maximum weekly benefit allowed by law.

Should You File a Third-Party Lawsuit in Queens?

A third-party liability lawsuit is different from a Workers’ Compensation claim. Workers’ Compensation is an insurance policy that offers limited benefits. A third-party liability claim is a lawsuit, which can provide compensation for your physical, emotional, and financial injuries.

What is a Third-Party Claim?

A third-party liability claim may be a personal injury, premises liability, or product liability lawsuit. It depends on the circumstances. If the site owner failed to provide a safe environment, you might sue them under New York premises liability law. If you were injured because of defective construction equipment, you’d sue the manufacturer through a product liability lawsuit.

Compensation from a Third-Party Claim in Queens

We will fight for you to receive the maximum compensation possible for your:

Did You Lose a Loved One in a Fatal Construction Accident?

If your spouse, parent, or child was killed in a construction accident, you might have a right to compensation. We can guide you through the process of demanding compensation through a Workers’ Compensation claim or third-party lawsuit.

Queens Workers’ Compensation Death Benefits

Talk with us right away about whether you’re eligible. You may be entitled to compensation if you’re a surviving spouse, minor child, disabled adult child, or a child under 23 in college.

Workers’ Compensation usually pays two-thirds of your loved one’s AWW for the past year and divides the amount among the eligible survivors. Minimum and maximum amounts apply. If you paid for the burial and funeral, you might receive reimbursement up to $6,000.

Wrongful Death Lawsuits in Queens, NY

If a third party is responsible for your relative’s death, we’ll represent you in a New York wrongful death claim.

We will fight for you to receive full and fair compensation for:

  • Medical expenses
  • Funeral and burial expenses
  • Other expenses
  • Loss of future income and benefits
  • The decedent’s pain and suffering
  • Loss of love, society, and companionship

Call Our Queens Construction Accident Lawyers for Help

Hecht, Kleeger & Damashek, P.C. has recovered millions of dollars in construction accident injury and fatality claims. We understand that no two construction accidents in Queens are the same. That’s why we’ll never push a one-size-fits-all solution on your case. We’ll work closely with you to develop a custom strategy to fight for maximum compensation.

Are you ready to get started? Call 212-490-5700 or use our online form to schedule a free consultation with a Queen construction accident lawyer.


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“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”

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