Staten Island Construction Accident Lawyer – Labor Law Claims
Staten Island has its own construction sector – and it is more active than many people outside the borough realize. Residential development, major infrastructure projects including the ongoing Staten Island Expressway rehabilitation, commercial construction, and the renovation of older industrial and residential properties all create construction activity throughout Richmond County.
If you were hurt on a Staten Island construction site, New York’s powerful Labor Law protections apply to you just as they do to workers in Manhattan or Brooklyn. Jason Linden at Linden Law fights for Staten Island construction workers.
Call (212) 804-8440 for a free consultation. No fee unless we win.
Staten Island Construction: Active Projects and Work Sites
Staten Island Expressway infrastructure work. The Staten Island Expressway (I-278) has undergone and continues to require significant rehabilitation work. Infrastructure construction on state and city roadways involves extensive labor, and the government entity responsible for the road is the “property owner” for Labor Law purposes – bearing the same absolute liability under §240 and §241 as a private developer.
New residential development on the North Shore. The North Shore of Staten Island – particularly St. George, Stapleton, and the neighborhoods along the waterfront – has seen a wave of new residential and mixed-use construction spurred by the NYC Ferry landing and transit investment in the area. These projects employ scores of construction workers.
New Springville, Eltingville, and South Shore commercial construction. Staten Island’s suburban commercial corridors have seen ongoing construction and renovation activity, including retail development, medical facilities, and school construction.
Older building renovation across the borough. Staten Island has significant stock of mid-century residential buildings, older industrial properties, and aging commercial structures that require ongoing renovation and repair. These projects – no matter how small – are covered by New York’s Labor Law.
Bridge and transportation infrastructure. The Goethals Bridge replacement and ongoing maintenance of the Bayonne Bridge, the Verrazzano-Narrows Bridge, and the Staten Island Railway infrastructure all involve large-scale construction with significant worker populations.
Labor Law §240 and §241: Full Protection for Staten Island Workers
The same powerful protections that apply to a worker in a Midtown Manhattan skyscraper apply to a worker on a residential renovation project in New Dorp or a bridge rehabilitation crew on the Goethals:
Labor Law §240 (the Scaffold Law) imposes absolute liability on property owners and general contractors for gravity-related construction injuries. Falls from ladders, scaffolding, rooftops, and elevated surfaces; being struck by tools or materials that fall because they were not properly secured – the property owner and GC are strictly liable when proper safety equipment is not provided.
Labor Law §241(6) creates liability for a broad range of worksite safety violations based on New York Industrial Code provisions. Inadequate lighting, improper floor opening protection, unsafe walking surfaces, and dozens of other regulated conditions give rise to §241 claims.
Workers’ Compensation from your employer addresses your immediate medical and wage needs. A Labor Law lawsuit against the property owner and GC provides full compensation – including for pain and suffering – that Workers’ Comp does not cover. Both proceed simultaneously.
Unique Issues in Staten Island Construction Cases
The State’s role in infrastructure cases. Many significant Staten Island construction projects involve the New York State Department of Transportation or the Metropolitan Transportation Authority as the property owner. Claims against the State require filing in the New York Court of Claims rather than Supreme Court. Claims against the MTA have their own notice requirements. We identify the appropriate defendant and venue from the very first consultation.
Smaller general contractors. Staten Island construction projects often involve smaller, local general contracting companies. In some cases, the contractor’s insurance coverage may be limited. We investigate all available insurance – the GC’s policy, the property owner’s policy, and any umbrella coverage – to maximize available recovery.
Where Staten Island Construction Cases Are Filed
Most Staten Island construction accident cases against private defendants are filed in the New York Supreme Court, Richmond County at 18 Richmond Terrace, Staten Island, NY 10301. Cases involving the State may need to be filed in the Court of Claims. We select the appropriate venue in every case.
Frequently Asked Questions
Does New York’s Labor Law protect construction workers on all Staten Island job sites?
Yes. Labor Law §240 and §241 apply to construction, demolition, and repair work throughout New York State, including all Staten Island job sites – from high-rise residential projects on the North Shore to bridge rehabilitation projects to small residential renovations. The key is that you were performing covered work (construction, repair, demolition, painting, or cleaning) on a covered structure (a building or structure).
What if I was working on the Staten Island Expressway or another State road?
State road construction projects can involve the New York State Department of Transportation as the responsible government entity. Claims against the State are filed in the Court of Claims, and the DOT bears the same Labor Law §240 liability as a private property owner. The procedural path is different but the substantive protections are the same. Call us immediately – government claims have specific notice and filing requirements.
Can I file a Labor Law claim if my construction accident happened on a residential renovation project in Staten Island?
Yes. The only significant exception under Labor Law §240 and §241 is the single-family homeowner exception – which exempts homeowners who did not direct or control the work and who owned a one- or two-family home. This exception does not apply if the homeowner supervised the work or if the property is commercial or multi-family. Even where the exception might apply, Labor Law §200 negligence claims may still be available.
What if my construction accident resulted in a permanent disability?
Permanent disability significantly increases the value of your case. Lost future earnings – factored over your remaining working years – can be substantial for a construction worker disabled at a young age. We work with vocational and economic experts to calculate the full extent of your lost earning capacity, and we pursue the full measure of compensation for the impact on your daily life.
How does the Workers’ Compensation lien work in a Labor Law lawsuit?
When your Workers’ Compensation carrier has paid benefits, they typically have a right to be reimbursed from the proceeds of your Labor Law lawsuit – this is called a “lien.” The lien is not always for the full amount paid, and there are legal tools available to reduce it. We navigate the Workers’ Comp lien as part of the litigation, and we work to ensure that your ultimate recovery – after the lien – is maximized.
No Fee Unless We Win
Linden Law handles all Staten Island construction accident cases on a contingency fee basis. No upfront costs, no hourly rates, and no fee unless we win your case.
Call (212) 804-8440 or contact us online for your free consultation.
Linden Law LLC | 250 West 57th St., Suite 432, New York, NY 10017