You Were Just Injured
Injured on a Construction Site and Treated at Lincoln Hospital? Here's What to Do.
Lincoln Hospital is the South Bronx's trauma center. If you came here after a construction accident, your injuries are serious. So is the window to protect your legal rights.
⚠️ Important: If your accident happened on city property, you have 90 days to file a Notice of Claim. Don't wait.
About Lincoln Hospital
- Address: 234 East 149th Street, Bronx, NY 10451
- Trauma Designation: Level II Trauma Center
- System: NYC Health + Hospitals
- Primary Service Area: South Bronx — Mott Haven, Melrose, Port Morris, Hunts Point, Longwood
- Relevant Court: Bronx County Supreme Court, 851 Grand Concourse, Bronx 10451
The South Bronx Is One of the Most Active Construction Zones in NYC
The South Bronx has changed dramatically in the past decade. What was once largely neglected industrial land is now the site of major residential development, luxury rentals, affordable housing projects, Amazon's logistics infrastructure, and commercial construction along the Third Avenue and Willis Avenue corridors. The 149th Street area — where Lincoln Hospital sits — is at the center of it.
The workers building this transformation are overwhelmingly immigrant workers — many working for subcontractors who cut corners on safety, who pay cash off the books, who don't provide proper fall protection. When one of those workers falls off scaffolding or gets hit by a falling beam on a Mott Haven jobsite and gets taken to Lincoln Hospital, they often don't know what rights they have.
The answer: significant ones. New York Labor Law 240 — the Scaffold Law — applies to every construction project in the South Bronx the same as it applies to Hudson Yards.
What to Do While Still at Lincoln Hospital
Decline contact with any insurance adjuster
The contractor's liability insurer may reach out within hours. In the South Bronx construction world, these calls often come through the contractor directly, or through a workers' comp rep who blurs the lines. Do not give a statement. Do not confirm how the accident happened. Say: "My attorney handles all communications." Then call us.
Get photos of your injuries today
While you're still at Lincoln, have someone photograph your injuries. Bruising and swelling are at their most visible in the first 48-72 hours. These images are evidence of severity and can have more impact on a jury than medical reports alone.
Record what happened while it's fresh
Voice memo, text message to yourself, paper — write down everything you remember. The height you were working at. What the scaffold was made of. Whether it was tied off. Who was on the site. Whether a safety harness was available. These details matter enormously in a Labor Law 240 case.
Request your medical records
Ask the Medical Records Department at Lincoln or use the NYC Health + Hospitals patient portal to request your complete chart — ER records, imaging results, surgical notes, discharge summary. These are yours by right. Authorize only your attorney to request them on your behalf.
South Bronx Construction — City Property Is Everywhere
In the South Bronx, a very high proportion of construction involves city-owned or city-funded property. NYCHA operates major complexes throughout Mott Haven, Melrose, and Hunts Point. The city has funded significant affordable housing projects through HPD. Infrastructure work along the Bruckner Expressway and the Third Avenue Bridge involves city agencies.
Any time a city agency owns, controls, or is the project owner of the construction site where you were injured, the 90-day Notice of Claim requirement applies. This is a hard deadline. If you miss it, you permanently lose your claim against the city.
We'll verify who owned and controlled the site within 24 hours and file the Notice of Claim if needed — all while you're still recovering.
Level II vs. Level I — Does It Affect Your Case?
Lincoln is a Level II Trauma Center, which means it provides definitive care for most trauma patients but may transfer patients with extremely complex injuries to a Level I center like Jacobi. If you were stabilized at Lincoln and then transferred to Jacobi or another hospital, you'll have records from both facilities.
From a legal standpoint, the level of the treating hospital doesn't diminish your claim. What matters is the nature and extent of your injuries, as documented in your medical records. A transfer from Lincoln to a Level I center can actually strengthen your case by showing the severity of your injuries required higher-level care.
Your Rights Under Labor Law 240 and 241(6)
Labor Law § 240 places strict liability on property owners and general contractors for gravity-related injuries — falls from scaffolding, ladders, roofs, elevated platforms, and being struck by falling objects. If you fell because safety equipment failed or wasn't provided, the defendant is liable. No argument about your negligence changes that.
Labor Law § 241(6) covers specific violations of the New York Industrial Code (12 NYCRR Part 23). If a subcontractor failed to maintain a scaffold to code, failed to provide required guardrails, or violated any of dozens of specific safety provisions — that can establish liability independent of 240.
Cases from South Bronx accidents are filed in Bronx County Supreme Court at 851 Grand Concourse — just a few blocks from Lincoln Hospital.
Questions Workers Ask Us From the Hospital
My accident was on a private residential project in Mott Haven. Does 240 apply?
Almost certainly yes. Labor Law 240 applies to construction, demolition, and repair work on any building or structure. The narrow homeowner exception only applies to owner-occupied single or two-family homes where the owner doesn't direct or control the work. A developer-owned residential project — even a small one — is fully covered.
I was transferred from Lincoln to another hospital. Does that complicate my case?
No — it may actually help it. A transfer to a higher-level facility is documented evidence that your injuries required more intensive care than a Level II center could provide. We'll gather records from all treating facilities. Keep track of every hospital and doctor you see after the accident.
The contractor is paying my workers' comp. If I sue them, will they stop paying?
Workers' comp is a no-fault system. They legally cannot stop paying comp benefits because you filed a civil lawsuit. Retaliation for filing any claim — comp or civil — is illegal in New York. If anyone threatens to cut off benefits, document that conversation and tell us immediately.
What is a Notice of Claim and do I actually need to file one?
A Notice of Claim is a formal legal notice to a city agency that you intend to sue. It's required before you can file a lawsuit against any NYC agency, NYCHA, the MTA, or other public entities. If your accident site was city property, this is mandatory, and the 90-day window is absolute. We file these for our clients all the time — it's not complicated if done on time.
Can an attorney really come to Lincoln Hospital to meet me?
Yes. We will come to you at Lincoln Hospital, at Jacobi if you were transferred, or at your home after discharge. There is no fee for the consultation. The sooner we get involved, the sooner we can send the litigation hold letter and start preserving evidence.
Talk to an Attorney Now
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