Buffalo Construction Accident Lawyer

New York Construction Injury Attorneys

If you are a worker and were recently injured on a construction site, then you must speak with a construction accident lawyer Buffalo, NY clients trust from Hurwitz, Whitcher & Molloy, LLP for assistance. We have represented many clients who were injured at work, and know how to pursue workers’ compensation benefits that you deserve and will adequately cover your medical costs and other losses. All too often, employers and their insurance companies try to deny or minimize a worker’s claim so the company doesn’t lose too much money. Our team is well-equipped to handle such unfairness, as we aren’t afraid to go up against big companies either.

When Payments Aren’t Enough

It isn’t uncommon for employees to be approved for workers’ comp benefits, but then soon realize it isn’t nearly enough to cover their expenses. Sadly, an employer may be well aware of this and try to convince their employee that they are not entitled to receive more. But, as a construction accident lawyer Buffalo, NY injured construction workers trust may tell you, this may be very far from the truth. We can evaluate the situation and let you know whether what you were offered in workers’ compensation is fair or not.

Third-Party Liability

Your construction accident lawyer Buffalo, NY workers trust with their case can talk with you about how under certain circumstances, liability may be assigned to a third party for construction site injuries. Contractors, architects, property owners, and equipment manufacturers may be responsible for accidents that unfold due to lacking proper safety measures. Manufacturers are responsible for creating safe products. If the accident entailed defective equipment being used, then that party may be held accountable in a lawsuit. Contractors and subcontractors must ensure that a construction site area is reasonably safe and free from hazards, and are obligated to:

1. Check that safety specifications are abided by
2. Hire employers who will practice caution when working
3. Warn employees of potential dangers on the site
4. Coordinate job safety and provide gear

We Have Your Best Interest In Mind

When a construction worker gets hurt on the job, he or she is not permitted to sue the employer directly for work injuries. Instead, the worker must file for workers’ compensation benefits, that is, if the company has this program set in place. Whether or not your employer has workers’ comp, it is in your best interest to get legal guidance during this time. You can trust that while your employer may not have your best interest in mind, a construction accident lawyer Buffalo, NY residents can depend on surely will.  If you are ready to get help regarding a recent workplace accident, then contact a construction accident lawyer Buffalo, NY injured construction workers trust from Hurwitz, Whitcher & Molloy, LLP today.

How to Protect Yourself After a Construction Accident

Harmful conditions on construction sites can lead to serious injuries and accidents, which often result in long-term medical care, lost income, and other financial hardships. In the worst cases, construction site accidents can even be fatal. If you or someone you love has suffered because of unsafe conditions at a construction site, you might be eligible to receive financial compensation from those responsible through workers’ compensation or civil litigation. No matter what kind of accident you were involved in – whether slip & fall or something more catastrophic – if you want to get your life back on track as quickly as possible, here are some important steps to take after a construction accident.

Seek Medical Attention

After a construction accident, the first thing you should do is seek medical attention. This is important for two reasons: first, you need to make sure you are actually injured, and second, you need to have documentation of your injuries in case you decide to file a lawsuit. You need to make sure you are safe and on the road to recovery before doing anything else.

Know Your Rights

If you’ve been injured in a construction accident, you may be wondering what your rights are. The first thing you should do is seek medical attention. Once you’re on the road to recovery, you can start thinking about pursuing a legal claim. An experienced lawyer will help you determine whether or not you have grounds for a lawsuit and how best to proceed with it. It’s always important to make sure that all of your bases are covered – find out if the company where the injury occurred has workers’ compensation insurance and if they have an insurance policy that covers accidents at their work site.

Document Everything

If you’ve been injured in a construction accident, the first thing you should do is document everything. This includes taking pictures of the accident scene, getting contact information from witnesses, and writing down your account of what happened. You should also keep track of all medical appointments and treatment. This documentation will be important if you decide to file a personal injury claim. It can help you prove your case because it provides evidence that you weren’t at fault for the accident.

Seek Legal Advice Right Away

If you’ve been injured in a construction accident, the first thing you should do after documenting your evidence and getting medical assistance is seek legal advice. An experienced lawyer can help you understand your rights and options, and will fight for the compensation you deserve. Your attorney will be on your side and make sure that those responsible are held accountable. Injury victims of construction accidents often don’t realize they may be entitled to financial compensation until their symptoms get worse or the pain becomes unbearable. It’s important not to wait too long before seeking professional help because the statute of limitations may expire on filing an injury claim against a negligent party.

Construction Accident Infographic

Legal Recourse for Injured Construction Workers

Most of the time, construction workers who suffer harm while engaging in work-related activity are in a position to file for workers’ compensation benefits – and may be in a position to file a personal injury claim as well. Workers’ compensation benefits are made available to most workers who are classified as either part-time or full-time employees. Unless independent contractors have been incorrectly classified as non-employees, they are generally ineligible for these benefits. As long as a worker’s harm occurred during work-related activity, these benefits are made eligible regardless of what caused the injury or whose fault the injurious circumstances were. Notable exceptions to this no-fault approach include injuries caused by workers who were starting fights, were drunk or high when injured, or who were injuring themselves on purpose. Personal injury claims may also be pursued against others responsible for the injury in question. The only third-party who is automatically insulated from potential liability is the employer of a construction worker who is eligible for workers’ compensation benefits.

Buffalo Construction Accident Statistics

According to statistics provided by the National Safety Council (NSC), there are more than 4,500 preventable work-related deaths each year in the United States. The construction industry has the highest number of fatalities, with approximately 1,000 workers killed annually, followed by transportation and warehousing at about 950 deaths. Hundreds of thousands of workers survive their injuries but are often left with permanent disabilities. If you have been injured on the job, call our office to speak with one of our construction accident lawyers.

Construction Accident FAQs

What should I do if I am injured in a construction accident in Buffalo, NY?

If you are injured in a construction accident in Buffalo, it’s important to seek medical attention immediately, even if your injuries seem minor. Notify your employer or the construction site manager about the accident as soon as possible, as this is crucial for any workers’ compensation claims. Document the accident scene and your injuries, if possible, by taking photos and obtaining contact information from any witnesses. Finally, consult with a personal injury attorney who specializes in construction accidents to understand your legal rights and options for compensation.

How does workers’ compensation work for construction accidents in Buffalo, NY?

In Buffalo, workers’ compensation laws provide benefits to construction workers injured on the job, regardless of who is at fault. These benefits can include medical care, compensation for lost wages, and disability benefits. To claim these benefits, you must report your injury to your employer within 30 days of the accident. It is important to file a workers’ compensation claim promptly to ensure you receive all the benefits you’re entitled to. An attorney can help navigate the complexities of these claims and assist if your claim is denied.

Can I sue for a construction accident in Buffalo, NY, even if I’m receiving workers’ compensation?

While workers’ compensation is generally the exclusive remedy against your employer, you may have the right to sue third parties who are responsible for your injuries. This can include property owners, contractors, equipment manufacturers, and others who do not have an employer-employee relationship with you. Such lawsuits can provide compensation for pain and suffering, which is not covered by workers’ compensation. Consulting with a lawyer who understands third-party claims in construction accidents can provide guidance on the best course of action.

What are common causes of construction accidents in Buffalo, NY, and who can be held liable?

Common causes of construction accidents include falls from heights, machinery accidents, electrocutions, trench collapses, and being struck by objects. Liability can be complex in construction accidents and may involve multiple parties, including general contractors, subcontractors, equipment manufacturers, and property owners. Each party’s responsibility may vary depending on their role at the construction site and their adherence to safety regulations and standards. An experienced attorney can help identify all liable parties and maximize the compensation you may receive.

What deadlines should I be aware of when filing a claim for a construction accident in Buffalo, NY?

There are critical deadlines for filing claims related to construction accidents in Buffalo. For workers’ compensation claims, you generally have 30 days from the date of the accident to notify your employer and two years to file a claim. Personal injury lawsuits, on the other hand, must be filed within three years from the date of the accident. It’s crucial to adhere to these time limits as failing to file within these periods can result in the loss of your right to claim compensation. Always check the specific deadlines applicable to your case with a legal professional.

Construction Accident Glossary

If you’ve been injured on a construction site in Buffalo, NY, seeking help from a qualified legal professional can make all the difference in recovering benefits or compensation. Construction sites are dangerous work environments, and the laws surrounding work-related injuries in New York can be challenging to manage. On this glossary page, we’ve defined a few essential terms and phrases that often come up when dealing with construction injury cases in Buffalo. These terms are important for understanding your legal rights and options after an accident.

Workers’ Compensation Benefits

In New York, most construction employees are eligible to receive workers’ compensation benefits when injured on the job. These benefits are a form of insurance coverage paid by the employer to help with necessary medical treatment and a portion of lost wages. They apply regardless of what caused the injury, as long as the harm occurred during the course of work. These benefits do not require the injured worker to prove that anyone did anything wrong. However, workers are not permitted to sue their direct employer while receiving these benefits. Injuries related to fights, intoxication, or intentional harm are typically excluded from coverage.

Third-Party Claim

A third-party claim is a type of legal action that may be filed in addition to a workers’ compensation claim. It applies when someone other than your employer contributed to the accident or hazardous condition. For construction workers, this might include general contractors, subcontractors, equipment manufacturers, or property owners. For example, if faulty scaffolding caused an injury, the manufacturer or installer could be held legally responsible through a civil lawsuit. Unlike workers’ compensation, these claims may allow for financial recovery beyond medical bills and lost wages.

Unsafe Working Conditions

Unsafe working conditions refer to any environment or practice on a construction site that puts workers at risk of injury. These conditions might include exposed wiring, unprotected heights, defective machinery, or lack of safety gear. Contractors and site supervisors have a responsibility to maintain reasonably safe workspaces by inspecting equipment, warning workers about risks, and making sure safety rules are followed. When they fail to do so and someone gets hurt, that injured person may be eligible to pursue legal action beyond filing for workers’ compensation.

Site Supervisor Responsibility

A site supervisor’s responsibility involves overseeing job safety, coordinating with subcontractors, and ensuring that every part of the work zone meets regulatory safety standards. Supervisors play a key role in preventing accidents by enforcing protective measures and making sure workers have and use proper safety gear. When site managers ignore warnings, cut corners, or allow known hazards to persist, they may be held responsible in a third-party legal claim, depending on their role and the specifics of the accident.

Employer Insurance Program

An employer insurance program refers to the system in place that provides workers’ compensation coverage for injured employees. In New York, most employers are required to carry this insurance. After a construction injury, the worker reports the incident to the employer, and the insurance company then evaluates the claim. In many cases, benefits are underpaid or denied altogether, which is why legal support is often critical. Without strong documentation or legal help, workers may end up with less coverage than they need to recover fully.

If you’ve been hurt on a job site, it’s important to understand which type of claim may apply to your situation and what steps to take to secure the benefits you’re entitled to. Speaking with a Buffalo, NY construction accident lawyer can help clarify your rights, especially if you’re unsure whether workers’ compensation is enough or if a third-party claim may be available.

For experienced support, contact Hurwitz, Whitcher & Molloy today. We’re here to guide construction workers through every step of the process following a job-related injury and help identify the best path forward.

Legal Assistance Is Available

If you have not yet scheduled a consultation with the trusted legal team and support staff at Hurwitz, Whitcher & Molloy, LLP, please do so now. Scheduling a risk-free consultation does not commit you to take any kind of legal action. Taking this step will simply ensure that you can have your questions and concerns addressed in a confidential setting. Once you are empowered to make informed decisions about your legal situation, our team will provide you with any support and guidance that you may require regarding personal injury, workers’ compensation, and even disability law (if applicable). Please connect with our Buffalo, NY construction accident lawyer team today to learn more about your rights and options; we look forward to speaking with you. Contact a Buffalo construction accident lawyer at Hurwitz, Whitcher & Molloy, LLP for help today if you have been in a construction accident.