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Work and construction injuries · Staten Island

Staten Island Construction Accident & Work Injury Lawyers

Bridges, the waterfront, City projects and house jobs each bring their own rules on Staten Island, and an employer across the Arthur Kill can raise a New Jersey question.

Over 40 years of experience. Free consultation; no fee unless there is a recovery.

(516) 227-2662
Two red crawler cranes beside a parking structure under construction near the waterfront in St. George, Staten Island.

Start here

Bridges, ferries and the New Jersey line

The three bridges to New Jersey are Port Authority facilities, and a claim against the Port Authority needs a notice at least 60 days before suit, with suit within one year. Find the row that fits your job.

A Port Authority bridge (Goethals, Outerbridge Crossing, Bayonne)
What applies first (injury claims, New York law)A notice of claim at least 60 days before suit, and suit within one year (Uncons. Laws § 7107).
A City job: the ferry terminals, streets, parks or city buildings
What applies first (injury claims, New York law)A notice of claim, usually within 90 days where required, and suit generally within one year and 90 days (GML 50-e, 50-i). School Construction Authority jobs: suit within one year (PAL 1744).
A claim against the State itself
What applies first (injury claims, New York law)Within 90 days, a claim filed with the Court of Claims and served on the Attorney General, or a notice of intention served on the Attorney General (CCA 10(3)).
A New Jersey employer, or a job across the Arthur Kill
What applies first (injury claims, New York law)Which state's compensation and injury rules apply depends on the facts; New Jersey rules differ. See New Jersey construction accidents.
A one- or two-family house
What applies first (injury claims, New York law)An owner who contracted for but did not direct or control the work may be exempt from 240(1) and 241(6) if the work relates to residential use (Bartoo); Labor Law 200, negligence and the contractor's responsibility remain.
A private commercial job
What applies first (injury claims, New York law)Generally three years (CPLR 214).

These rows are for injury claims against the public body itself. A contractor working on a public job is a separate defendant, sued like a private party. Death claims, and the injured person's own claim continued after death (a survival claim), follow separate rules for each body.

Railroad, ship and harbor workers. If you work for a railroad such as the LIRR, a federal law, FELA, lets railroad employees sue the railroad for injuries caused in whole or in part by its negligence (45 U.S.C. 51), with a three-year limit (45 U.S.C. 56); the New York rules and time limits in this table are not the measure for that claim. Seamen (46 U.S.C. 30104) and some harbor and waterfront workers (33 U.S.C. 903) are also covered by federal law. We check which law applies.

Commuting to a Manhattan job? See Manhattan work accidents; the Brooklyn office also covers Brooklyn construction accidents.

The Labor Law in brief

When an owner or contractor is responsible

Labor Law 240(1)
Falls from height and falling objects during erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure. A violation must cause the injury; with no violation and the worker's own conduct the sole proximate cause, there is no liability (Blake). Owners of one- and two-family homes who contract for but do not direct or control the work may be exempt (text); the exemption turns on the property's use and the work's purpose, not only its structure (Bartoo).
Labor Law 241(6)
Construction, excavation and demolition. The claim needs a specific State Industrial Code rule that was violated and caused the injury, not a general safety standard (Ross).
Labor Law 200
The general duty of care. For how the work was done, it reaches whoever had authority to control those methods; for a dangerous site condition, an owner or contractor that created it or had actual or constructive notice of it (text).

The full explanation is on our construction accidents page; ladder and scaffold falls on scaffolding injuries.

Compensation and the lawsuit

How the two claims fit together

Your employer
Compensation is generally your only remedy against your own employer and a co-worker (WCL 11, WCL 29(6)). The exception: an employer that failed to carry compensation coverage can be sued, so we check.
Everyone else
You can collect compensation and also sue a party that is not your employer if it is legally responsible: through negligence, a Labor Law violation or a defective product. Notice of the lawsuit goes to the carrier within 30 days.
The lien
The compensation carrier usually has a lien on part of the recovery, after the costs of getting it. Statutory exceptions apply, for example no lien on certain motor-vehicle recoveries for benefits paid in place of no-fault benefits (WCL 29(1-a)). Future benefits can generally be credited against your net recovery.
Settling
A settlement for less than the compensation provided needs the carrier's written consent or a court order (WCL 29(5)). We seek one or the other before any settlement.
Grave injury and indemnity
A company you sue can seek common-law contribution or indemnity from your employer only if you suffered a grave injury. Separately, it may enforce a written indemnity agreement made before the accident in which your employer expressly agreed to indemnify it. Both are claims between the companies. Neither lets you sue your employer.

Our work is the injury lawsuit against people and companies other than your employer, on a contingency fee: no fee unless there is a recovery. At the consultation we explain how it fits with your compensation claim, where representation is optional and fees are set by the Board (WCB).

More on the two tracks: our work accidents guide. Not a work injury? See Staten Island personal injury.

After the injury

Care, notice and where the case is heard

  • Care first. Tell every doctor the injury happened at work.
  • Written notice. To your employer within 30 days (WCL 18).
  • The owner. Homeowner, developer, the City or the Port Authority.
  • Your employer's state. Where it is based and where you were hired.

Where the case is heard. Richmond County's Supreme Court is at 26 Central Avenue, Staten Island. A lawsuit is generally filed in a county where one of the parties lived when it started, or where a substantial part of the events happened (CPLR 503), so it may be heard in another county. We confirm it at the start.

The stone Garner mansion on the Richmond University Medical Center campus, with shoring and scaffolding around its porch.

Pictured: the historic Garner mansion on the Richmond University Medical Center campus, under renovation; it is not a treatment building.

  • Staten Island University Hospital NorthLevel I
  • Richmond University Medical CenterLevel I

Adult trauma designations from the New York State Department of Health. Listed for orientation, not as a recommendation or ranking; in an emergency, call 911.

Published results

Construction and work injury results

Quoted exactly as recorded. These are firm-wide results from work injuries; none names a county or the law the claim was brought under, and they are not predictions. Over 40 years, the firm has recovered more than $100 million for clients.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

See the full verdicts and settlements archive
  • $8,000,000

    $8 Million Dollar Settlement — 2nd Department

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation.

  • $1,157,000

    $1,157,000 Award

    Plaintiff injured at worksite sustaining traumatic tear of the left biceps tendon with tendon retraction which required surgery.

  • $750,000

    $750,000 Settlement

    Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.

Hurt on bridge or waterfront work?

Call us early. Port Authority and City claims each have their own first step.

(516) 227-2662

Questions

Frequently Asked Questions About Staten Island Work Accidents

Offices

Where to meet us

Our offices are listed below, including the Brooklyn office on Kings Highway; the main office is in Uniondale.

  • Uniondale (main office)

    Convenient for Nassau and Suffolk counties

    423 RXR Plaza, East Tower, Uniondale, NY 11556(516) 227-2662

  • Brooklyn

    Convenient for Brooklyn and Staten Island

    3857 Kings Highway, #1f, Brooklyn, NY 11234(718) 710-4880

  • Corona (Queens)

    Convenient for Queens and the Bronx

    100-17 Northern Boulevard, Corona, NY 11368

  • Teaneck (New Jersey)

    Convenient for New Jersey

    696 Palisade Avenue, Teaneck, NJ 07666

Injured at work on Staten Island? Start with who owns the job

Tell us the address, the work you were doing and who employed you. We will identify the claim, the parties and the first deadline. Free consultation; no fee unless there is a recovery.

(516) 227-2662

What to bring

  • Site address and owner, if known
  • Your employer and where it is based
  • Photos of the device or hazard
  • Medical records and your written notice

Photo credits: Parking garage under construction, St. George by Tdorante10, CC BY-SA 4.0, cropped and resized; Garner mansion, Richmond University Medical Center by Jim.henderson, CC BY-SA 3.0, cropped and resized.