You Were Just Injured
Construction Accident Victims at NYC Trauma Centers — Know Your Rights
If you're reading this from a hospital bed — or someone you love is — stop. Don't sign anything. Don't talk to the insurance adjuster. Read this first.
⚠️ Important: If your accident happened on city property, you have 90 days to file a Notice of Claim. Don't wait.
Why the Hospital You're At Matters
New York City has one of the most sophisticated trauma systems in the country. There are seven Level I Trauma Centers and several Level II centers spread across all five boroughs. The difference matters for your health — and for your case.
A Level I Trauma Center is the highest designation. It means 24/7 surgical capability, a dedicated trauma team on-site at all times, and the full range of specialties — neurosurgery, orthopedics, vascular surgery — immediately available. These hospitals also maintain trauma registries and conduct their own research. For a construction worker with a severe fall injury, crush injury, or traumatic brain injury, a Level I center can mean the difference between full recovery and permanent disability.
A Level II Trauma Center provides definitive care for most injuries. The difference is volume and 24/7 specialist availability. Level II centers handle a high percentage of trauma cases well, but may transfer patients with extremely complex injuries.
For your legal case, the hospital records from a Level I or Level II center carry significant weight. The trauma team's initial documentation — mechanism of injury, severity scores, surgical notes — forms the medical foundation of your claim.
NYC's Major Trauma Centers — By Borough
All seven of these hospitals are part of NYC Health + Hospitals, the public hospital system. They treat everyone regardless of immigration status or ability to pay.
| Hospital | Borough | Level | Address |
|---|---|---|---|
| Bellevue Hospital Center | Manhattan | Level I | 462 First Avenue, 10016 |
| Harlem Hospital Center | Manhattan | Level I | 506 Lenox Avenue, 10037 |
| Kings County Hospital Center | Brooklyn | Level I | 451 Clarkson Avenue, 11203 |
| Elmhurst Hospital Center | Queens | Level I | 79-01 Broadway, 11373 |
| Jacobi Medical Center | The Bronx | Level I | 1400 Pelham Parkway South, 10461 |
| Lincoln Hospital | The Bronx | Level II | 234 East 149th Street, 10451 |
| Staten Island University Hospital North | Staten Island | Level I | 475 Seaview Avenue, 10305 |
The First 48 Hours — What You Do Right Now
Construction accident cases are won or lost based on what happens in the first two days. Not at trial. Not in depositions. Right now, while you're still in the hospital.
Do these things today:
- 1.Tell your nurse or social worker you want to speak with an attorney. The hospital has a patient advocate. Use them.
- 2.Do not speak to any insurance adjuster. They will call the hospital. They may present themselves as "just checking in." Anything you say becomes part of the record.
- 3.Do not sign any medical authorizations from the contractor or their insurer. You control who gets your records.
- 4.Ask a family member to photograph your injuries — as you look today, with the hospital bed and equipment visible. Date-stamp everything.
- 5.Write down what you remember about how the accident happened, even if just notes on your phone. Memory degrades fast. The details of what was or wasn't on that scaffold matter.
- 6.Ask a coworker who witnessed the accident to do the same before they're pressured by the foreman to stay quiet.
Labor Law 240 — The Scaffold Law
New York Labor Law § 240 (the "Scaffold Law") is one of the most powerful worker-protection statutes in the country. It applies to falls from heights and falling object injuries on construction sites. Under this law, property owners and general contractors are strictly liable — meaning you don't have to prove they were negligent. If you fell because scaffolding failed, a ladder was improperly placed, or an object fell on you from above, the defendant is liable. Period.
Labor Law § 241(6) covers a broader range of safety violations under the New York Industrial Code (12 NYCRR Part 23). Violations of specific code sections — like 23-1.7(b) for fall hazards into openings, or 23-1.22(b) for scaffold construction — can establish liability without strict liability.
Labor Law § 200 is the general duty clause, covering negligent supervision, unsafe methods, and premises defects. Most construction injury cases involve at least two of these three statutes.
Statute of Limitations — Don't Miss the Window
For most construction accidents against private owners and contractors: 3 years from the date of injury to file a lawsuit.
But there's a critical exception that catches many injured workers off guard:
90-Day Notice of Claim Rule
If your accident happened on property owned or controlled by a New York City agency — a city-owned building, a DOT job, an MTA project, a NYCHA site, a school construction project — you must file a formal Notice of Claim with the city within 90 days of the accident. If you miss this window, you lose the right to sue the city. This is not a soft deadline.
If you're not sure whether your accident site was city-controlled, assume it might be and call us today. The 90-day clock started the moment you got hurt.
Preserving Evidence From the Hospital
Construction sites disappear fast. Scaffolding gets reconfigured. Safety logs get "updated." Equipment gets sent to other jobs. By the time a case goes to discovery, the physical evidence may be gone. Here's what an attorney can do that you can't do yourself from a hospital bed:
- Send a litigation hold letter to the contractor, owner, and subcontractors — legally requiring them to preserve surveillance footage, safety logs, incident reports, OSHA 300 logs, and equipment maintenance records.
- Hire an investigator to photograph the site before changes are made.
- Obtain NYC DOB records — permits, violation notices, inspection history — before they cycle out of the public portal.
- Preserve your own medical records from the treating hospital by authorizing your attorney (not the defendant's insurer) to request them.
Every day without an attorney is a day the other side is building their defense.
What Workers' Comp Doesn't Tell You
Workers' compensation is a no-fault system. It pays your medical bills and a portion of lost wages. It does not pay pain and suffering. It does not pay for the full extent of your lost future income. And if you were a union worker or subcontractor, the comp system may not even cover you properly.
A Labor Law 240/241 claim is separate from workers' comp. You can pursue both. In fact, when you settle a Labor Law case, the workers' comp carrier will have a lien — but an experienced attorney negotiates that down. Workers who pursue only comp and skip the civil claim regularly leave six or seven figures on the table.
If a workers' comp adjuster is calling you, that's fine — that's a different animal. But if a liability adjuster from the contractor's carrier calls, do not engage. Tell them your attorney will be in touch.
We Come to You
You're in a hospital bed. We will come to Bellevue, Kings County, Jacobi, Lincoln, Harlem, Elmhurst, or Staten Island University. We will come to your home when you're discharged. There is no fee unless we win. The consultation is free. There is nothing to lose by calling today.
Questions Workers Ask Us From the Hospital
The foreman told me not to file a claim. Can I be fired for doing so?
No. Retaliation for filing a workers' compensation claim or a personal injury lawsuit is illegal in New York. If you are fired or threatened after reporting an injury, that is itself a legal claim. Document any threatening communications.
I'm undocumented. Do I still have rights under Labor Law 240?
Yes. New York Labor Law protects all workers regardless of immigration status. Courts have consistently held that undocumented workers are entitled to the same protection and the same damages as any other worker. Your status is not relevant to whether the contractor violated the law.
My employer says the accident was my fault. Does that matter?
Under Labor Law 240 (the Scaffold Law), your own negligence is not a defense for the property owner or general contractor. This is called strict liability. Even if you made a mistake, they can still be held responsible. Under 241(6) and 200 claims, comparative fault can reduce damages but rarely eliminates them entirely.
Can I request my own hospital records?
Yes. Under the HIPAA Privacy Rule and New York Public Health Law, you have the right to request copies of all your medical records at any time. Ask the medical records department at your hospital. There may be a small copying fee. Do not sign a blanket medical records release given to you by any insurance company or contractor.
The accident just happened. Is it too early to call a lawyer?
It's never too early. The earlier, the better. The litigation hold letter needs to go out immediately. The site needs to be photographed before it changes. Witness statements need to be taken before people scatter. Calling from the hospital is not too soon — it's exactly the right time.
Hospital-Specific Pages
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