Our firm has achieved numerous million and multimillion dollar verdicts and settlements. We often take cases that other firms have refused and win.
Silberstein & Miklos, P.C. · Forest Hills, Queens
Queens construction accident attorneys at Silberstein & Miklos, P.C. represent workers hurt in scaffold and ladder falls, falling-object strikes and trench collapses at Long Island City, Flushing and Jamaica sites. Claims often combine workers' compensation with Labor Law claims against owners and contractors, and a 90-day notice of claim applies on city-owned projects.
Ask SAM before the insurance company calls.
When a scaffold fails or a load drops, the value of the case is measured in the years of work and health it takes with it. Ask4SAM builds Queens construction claims around that reality.
Why Ask4SAM
Silberstein & Miklos has represented injured New York construction workers for decades, and when a Queens jury got a construction case wrong, the firm took it to the Appellate Division and won a reversal that sent the case back for a new trial. The firm holds Martindale-Hubbell's AV Preeminent rating and takes serious site-injury claims other firms have declined. Every case is handled on contingency, so you pay no attorney fee unless compensation is recovered for you.
In Cuji v. 225 Fourth, LLC, the firm won reversal of a defense verdict in a Queens construction case, reinstating the injured worker's complaint for a new trial.
Joseph Miklos and the firm hold Martindale-Hubbell's highest possible professional rating.
We bring claims under Labor Law §§ 240(1) and 241(6) alongside workers' compensation, pursuing every responsible owner, contractor and sub-contractor.
What To Do Now
In the first days after a site injury, evidence disappears fast and two claim tracks start running at once. A few steps protect the worker's position.
Key Deadlines
Which deadline applies depends on who is responsible and what kind of claim you have. A construction injury usually involves more than one track: workers' compensation, a Labor Law lawsuit against the owner and contractors, and sometimes a city notice of claim. Treat 90 days as the planning date for any government entity and ask a lawyer to confirm your exact dates.
| Deadline | Applies to | Authority |
|---|---|---|
| 90 days after the incident | Notice of claim when a City of New York agency or a NYC Transit Authority bus or subway is involved | GML § 50-e; PAL § 1212 |
| 30 days to report; claim within two years | Workers' compensation: report the injury to your employer within 30 days and file the claim within two years | Workers' Compensation Law §§ 18, 28 |
| Demand, then 30 days; suit within one year and 90 days | Claims against the MTA or an MTA subsidiary such as MTA Bus Company | PAL § 1276 |
| One year and 90 days | Lawsuit against the City of New York | GML § 50-i |
| Two years and six months | Medical malpractice against private providers, from the act or the end of continuous treatment | CPLR § 214-a |
| Three years | Negligence claims against private parties, including crashes, falls and most construction injuries | CPLR § 214(5) |
| Two years after the death | Wrongful death claims | EPTL § 5-4.1 |
Attorney Advertising. Deadlines can be shorter or longer depending on the parties, the injuries and the type of claim. Talk to a lawyer before relying on any date above.
Construction Injuries We Handle
Silberstein & Miklos, P.C. represents Queens families facing permanent injuries of every kind.
Scaffold, ladder, roof and elevator-shaft falls, the core of Labor Law § 240(1) claims.
Queens gravity-accident claimsTools, materials and debris dropped from height, crane loads and collapsing scaffolds.
Queens struck-by claimsCave-ins and engulfment in unprotected trenches, a recurring Industrial Code violation.
Queens trench-collapse claimsPower tools, saws, forklifts and unguarded machinery, including amputation claims.
Queens machinery-injury claimsWe also handle brain injuries, spinal cord injuries, fatal work accidents, electrocutions and welding burns.
The SAM Standard
Construction claims live or die on early evidence: the site changes, the scaffold comes down and the crews move on.
Preservation letters to the owner and contractors, site photos, OSHA and DOB records, safety plans and witness statements before the site changes.
We connect your injuries, treatment, lost wages and restrictions to both the workers' compensation claim and the Labor Law lawsuit.
We deal with both the compensation carrier and the owners' insurers, and fight for the result your case deserves.
Free consultation. Available 24/7. No attorney fee unless compensation is recovered for you.
Queens Construction Accident FAQ
In many cases, yes. Workers' compensation covers medical care and partial wages regardless of fault, but it does not cover pain and suffering. A separate lawsuit under the Labor Law against the owner, general contractor or others responsible for site safety can provide that, and the two tracks run together.
It places responsibility for gravity-related injuries on owners and contractors: falls from scaffolds, ladders and roofs, and falling objects. When the safety device failed or was absent and the injury resulted, liability can be very hard for the defense to escape.
Most lawsuits against private owners and contractors must be started within three years under CPLR § 214(5). Report the injury to your employer within 30 days for workers' compensation, and if a city agency or city-owned site is involved, a notice of claim is generally due within 90 days. Confirm your exact dates early.
Undocumented workers can generally pursue both workers' compensation and Labor Law claims in New York. Lost-wage damages can raise separate questions, so raise your status with counsel early; the claim itself is usually not barred.
Owners, general contractors, sub-contractors, scaffold companies, equipment lessors and others who controlled the work or the safety of the site. New York law extends responsibility up the chain, which is why identifying every party early matters.
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Legal References
Queens construction claims are governed primarily by the New York Labor Law, the Workers' Compensation Law, the Civil Practice Law and Rules (CPLR), the Public Authorities Law (PAL) and the General Municipal Law (GML). The authorities below frequently come up in construction cases handled by Silberstein & Miklos, P.C. Rules vary by the parties and the project, so confirm specifics with an attorney as early as possible.
Places responsibility on owners and contractors for injuries from scaffolds, ladders and heights. Applied in the firm's Cuji v. 225 Fourth Queens construction appeal. Read Labor Law § 240 on the NY State Senate site.
Requires owners and contractors to follow specific safety rules, and allows injured workers to rely on violations of the Industrial Code (12 NYCRR Part 23). Read Labor Law § 241.
New York's common-law safe-workplace rule for construction sites, applying to dangers the owner or contractor controlled or created. Read Labor Law § 200.
Governs when an injured worker can sue parties other than the employer, and the exceptions that allow suits against employers in grave cases. Read Workers' Compensation Law § 11.
Sets the general three-year statute of limitations for Labor Law and negligence claims against owners and contractors. Read CPLR § 214 on the NY State Senate site.
Requires a Notice of Claim within 90 days when a City of New York agency or city-owned project is involved. NYC Transit Authority claims follow PAL § 1212. Read GML § 50-e.
Most Queens construction lawsuits seeking significant damages are filed in the Queens County Supreme Court, Civil Term in Jamaica. Visit the official court site.
Last reviewed: September 2026
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is for general information only and is not legal advice. Every case is different, and deadlines may vary depending on the facts, parties and type of claim.