You Were Just Injured
Treated at Elmhurst Hospital After a Queens Construction Accident? Know This.
Elmhurst Hospital is central Queens' Level I Trauma Center. Construction accidents in Jackson Heights, Woodside, Corona, and Elmhurst all come through here. Your legal rights are time-sensitive.
⚠️ Important: If your accident happened on city property, you have 90 days to file a Notice of Claim. Don't wait.
About Elmhurst Hospital Center
- Address: 79-01 Broadway, Queens, NY 11373
- Trauma Designation: Level I Trauma Center
- System: NYC Health + Hospitals
- Primary Service Area: Elmhurst, Jackson Heights, Corona, Woodside, Maspeth, Sunnyside, Ridgewood
- Relevant Court: Queens County Supreme Court, 88-11 Sutphin Boulevard, Jamaica 11435
Central Queens Construction — Who's Building It and Who's Getting Hurt
Central Queens is one of the most densely built and continuously active construction zones in the city. The neighborhoods Elmhurst Hospital serves — Jackson Heights, Woodside, Corona, Elmhurst itself — are seeing steady residential construction, storefront buildouts, and infrastructure work. Maspeth and Ridgewood have major commercial and industrial construction.
The workforce building this is heavily immigrant. Queens has the largest concentration of immigrant workers in any construction market in the country. Many speak Spanish, Bengali, Punjabi, Korean, Mandarin. Many work for small subcontractors who pay off the books. Many have never heard of Labor Law 240 and don't know they have rights that go far beyond workers' compensation.
They do. New York's Scaffold Law applies to every construction project in Queens. If you fell from height or were struck by a falling object on a Queens job site, you likely have a strict liability claim against the property owner and general contractor. Immigration status is irrelevant. Language is irrelevant. Whether you were on the formal payroll is irrelevant.
What to Do While Still at Elmhurst Hospital
Don't give any statement to the contractor's insurance company
The liability adjuster may call the hospital directly or call your family. They will speak in whichever language you prefer. They will sound reasonable. Their job is to build a file they can use to minimize what they pay you. Tell them: "My attorney will be in touch." Call us before doing anything else.
Photograph your injuries while still admitted
Swelling, bruising, lacerations, and surgical wounds are most visible in the first 48-72 hours. Have a family member photograph everything, with the hospital room and equipment in the frame for context. Date-stamp the photos and back them up. A picture of injuries this severe has more impact on a jury than almost any expert report.
Write down the accident while you remember
What floor were you on, what type of scaffold or ladder, what was the foreman's name, was there edge protection, was fall protection equipment available. These details will fade. A voice memo right now, even a few sentences, is worth more to your case than anything you'll remember a month from now.
Reach out to witnesses immediately
On Queens construction sites, workers scatter after an accident. Some fear they'll be fired. Some fear immigration consequences. The job foreman may tell everyone to say nothing. Contact coworkers who saw the accident before they're pressured or disappear to the next job. Their witness accounts are critical.
Queens Construction Accident Hotspots
Certain types of work in central Queens generate a disproportionate share of construction injuries:
Row House and Two-Family Renovation
Jackson Heights, Elmhurst, and Woodside have dense blocks of two- and three-family homes in constant renovation. Workers on small jobs here are often the least protected — cash pay, no safety equipment, unlicensed contractors. Labor Law 240 applies even to these small projects if the owner isn't owner-occupying a one or two-family home.
Mixed-Use and Retail Construction
Commercial buildouts along Roosevelt Avenue, Junction Boulevard, and Northern Boulevard involve interior demolition, storefront installation, and facade work — all covered under Labor Law 240 and 241(6) when height is involved.
New Residential Construction
Corona, Flushing, and the areas near the Queens Center Mall are seeing new 6- to 10-story residential buildings go up on formerly commercial lots. These are full-scale construction sites with multiple contractors and full Labor Law 240 exposure for owners and GCs.
Infrastructure and Utility Work
Sewer replacement, water main work, and ConEd utility projects throughout central Queens involve trench excavation — covered under Labor Law 241(6) and specific Industrial Code provisions for trench safety. Collapses are among the most dangerous events in construction.
Queens County Supreme Court — Where Your Case Is Filed
Construction injury cases from Queens accidents are filed at Queens County Supreme Court, 88-11 Sutphin Boulevard in Jamaica. This court handles a substantial volume of Labor Law cases from the borough's busy construction market.
Queens juries are diverse, working-class, and understand what construction work is. They tend to take seriously the failure of property owners and contractors to provide adequate safety protections. Labor Law 240 cases in Queens regularly produce six- and seven-figure settlements and verdicts.
The filing deadline is 3 years from the accident date for private property. If the accident site was owned or controlled by a city agency — NYCHA, MTA, NYC DOT, Queens Public Library construction, public school construction — the 90-day Notice of Claim rule applies. The difference in deadline is enormous, and it's worth verifying ownership quickly.
Labor Law 240 — How Strict Liability Works
Under Labor Law § 240, when you fall from a scaffold, ladder, roof, or elevated work platform because a safety device failed or wasn't provided, the owner and general contractor are liable — period. This is called strict liability. Your own role in the accident is not a defense.
There is one narrow exception called the "recalcitrant worker" defense — if you were explicitly told not to do something, given proper safety equipment, and ignored it to create the exact hazard that injured you. This defense is rarely successful and requires the defendant to prove it.
For most Queens construction workers who fell because there was no guardrail, the scaffold broke, the ladder wasn't tied off, or no harness was provided — the recalcitrant worker defense doesn't apply.
Questions Workers Ask Us From the Hospital
My accident was on a private house in Jackson Heights. Is the homeowner liable?
Only if the owner doesn't live there, or if they lived there but directed and controlled the work. The homeowner exception to Labor Law 240 is narrow. If it's a two-family investment property and the owner lives elsewhere, the exception doesn't apply. We look at actual ownership and control, not just the deed.
The foreman said I wasn't wearing my harness. Does that mean I can't sue?
Under Labor Law 240, your negligence is generally not a defense to the owner's and GC's liability. The question is whether they provided a proper safety system that you refused to use — which requires them to prove they actually gave you the equipment and told you to use it. If no harness was provided or available, the defense fails entirely.
I don't have a green card. Can I still sue?
Yes. New York Labor Law protects all workers regardless of immigration or documentation status. You can recover lost wages, pain and suffering, and medical expenses just like any other worker. Courts have consistently ruled that undocumented workers have the same rights. We handle these cases with complete confidentiality.
My injury is serious but I'm expected to recover. Is it still worth pursuing?
Yes. Even injuries with good recovery prognoses can generate significant claims depending on the medical treatment required, the time lost from work, and the pain and suffering experienced. A fractured ankle requiring surgery and six months of physical therapy, for example, can produce a six-figure settlement under Labor Law 240.
Will I have to appear in court in Jamaica?
You'll need to appear for your deposition (usually near your home or attorney's office) and possibly at trial if the case doesn't settle. Most cases settle before trial. We minimize court appearances and prepare you thoroughly for any required appearances. Queens County Supreme Court is accessible by the A and E trains from most of central Queens.
Talk to an Attorney Now
Free. Confidential. No fee unless you win. We come to you.