Medina Construction Accident Lawyer

Construction Accident Lawyer Medina, NY

Construction sites are dangerous by nature. When a fall, a falling object, or a piece of malfunctioning equipment causes a serious injury, the legal questions start piling up. Our Medina, NY construction accident lawyer at Hurwitz, Whitcher & Molloy represents injured workers and their families across Orleans County and Western New York.

The firm has been handling workplace injury matters for more than 50 years. Partner Michael J. Whitcher leads our personal injury work, and the firm has secured results for ironworkers, carpenters, laborers, roofers, and other tradespeople injured on the job. We know what evidence matters. We know how insurance carriers operate. Reach out for a free case review before speaking with an adjuster.

Why Choose Hurwitz, Whitcher & Molloy for Construction Injury Cases in Medina, NY?

Decades of Experience With New York Construction Cases

Melvyn L. Hurwitz founded this firm in 1962 after graduating from the University at Buffalo School of Law. He built it around one idea: representing injured people, not companies. Today, our firm’s attorneys carry that same focus. Michael J. Whitcher has been with the firm since 1992 and was admitted to practice in New York in 1986. He handles the personal injury side of construction accident matters, which includes third-party claims that can run parallel to a workers’ compensation case. A roofer who falls from an unsecured scaffold may have two separate avenues for recovery, and missing either one leaves money on the table.

Kathleen A. Molloy, a partner with the firm since 1994, handles the workers’ compensation and Social Security Disability components that often accompany serious construction injuries. Having that range of practice areas under one roof means clients don’t have to coordinate between multiple firms while they’re trying to heal.

Local Knowledge of Orleans County Worksites

We know the industrial corridors along Route 31, the agricultural construction projects, and the residential builds that define the Medina area. When our attorneys investigate a site, we understand the specific general contractors and subcontractors operating here.

We also understand the insurance carriers that write policies for Orleans County construction projects and how those carriers tend to handle claims involving falls, equipment failures, and multi-employer worksites.

Proven Results and No Upfront Costs

Personal injury construction cases at our firm are handled on a contingency basis. You pay nothing unless we recover for you. We’ve represented clients in falls from heights, machine entanglement injuries, struck-by-object claims, and fire and explosion cases. Our practice also covers catastrophic injuries that leave workers permanently disabled. When the injury is fatal, we represent surviving family members in wrongful death claims as well.

What Clients Say

★★★★★ “For the last 18 months, every question and every phone call was Promptly answered, and when I didn’t understand still, they took the time to explain further. I am grateful for their help that they have given me and are still giving me. This is one of the best Law firm I have ever worked with and I appreciate everything they do. you can tell it’s not just me they treat this way because they do it so easily. I 1000% recommend this firm” — Jed Shaw

Read more reviews on our Google Business Profile.

Types of Construction Accident Cases We Handle in Medina

Construction injuries rarely fit one pattern. A single incident might involve an unsafe worksite, a defective tool, and a negligent subcontractor all at once. Below are the project types and accident categories our firm handles most often for Medina, NY workers.

Scaffolding and Ladder Falls. Scaffold accidents remain the single biggest killer on construction sites, and New York Labor Law § 240 provides strong protections for workers hurt in falls from heights. We investigate the scaffolding collapse accidents from the ground up, from the rental company to the general contractor.
Falls From Roofs, Beams, and Elevated Surfaces. Roofers, ironworkers, and HVAC installers face some of the highest fall risks in the trades. Our attorneys handle these cases under both workers’ compensation and third-party liability theories.
Struck-By and Falling Object Injuries. Tools, beams, and material dropped from above cause serious head and spine injuries. These often involve traumatic brain injuries that require long-term medical care.
Machinery and Equipment Accidents. Entanglements, crush injuries, and amputations are often tied to saws, excavators, forklifts, and presses. We work with mechanical engineers to reconstruct what failed and why.
Trench Collapses and Excavation Accidents. OSHA requires cave-in protection for excavations five feet deep or greater, including sloping, shoring, or shielding. When contractors cut corners, workers get buried.
Electrocution and Arc Flash Injuries. Unmarked lines, ungrounded equipment, and contact with energized circuits produce some of the most severe burn and cardiac injuries on any job site.
Fires, Explosions, and Chemical Exposure. Welding-related fires, gas line ruptures, and exposure to toxic substances on demolition projects can cause severe burns and long-term respiratory damage.

New York Legal Requirements for Construction Accident Cases

New York is one of the best states in the country for injured construction workers, but only if you know how to use the law. Labor Law § 240, often called the Scaffold Law, places absolute liability on owners and contractors for gravity-related injuries when proper safety equipment isn’t provided. Labor Law § 241(6) covers broader site safety violations tied to specific Industrial Code regulations. These statutes exist because construction is uniquely dangerous, and OSHA standards enforce federal rules for fall protection, scaffolding, and excavation safety on top of state law.

Something most injured workers don’t realize is that your workers’ compensation claim and your personal injury claim are separate tracks. Workers’ comp pays medical benefits and a portion of lost wages regardless of fault, but it’s limited. It doesn’t pay for pain and suffering. It doesn’t pay for diminished quality of life. A third-party personal injury claim against a negligent party who isn’t your direct employer, a general contractor, a property owner, or an equipment manufacturer can fill those gaps. Running both in tandem is where real strategic decisions happen.

Deadlines matter. The statute of limitations for a New York personal injury claim is generally three years from the date of injury, but workers’ comp has its own notice and filing requirements that run much shorter. According to the Bureau of Labor Statistics, construction consistently ranks among the industries with the highest rates of fatal and nonfatal occupational injuries, which is why preserving evidence early is critical.

Insurance carriers will show up fast. They record statements. They offer quick settlements. We recommend not signing anything before speaking with an attorney who handles workplace accident matters regularly.

What Damages Are Recoverable in Medina Construction Accident Cases?

Understanding what your claim is actually worth starts with understanding the three categories of damages available in a New York construction accident lawsuit.

Economic damages cover the financial losses you can document. That includes past and future medical bills, lost wages, diminished earning capacity, rehabilitation costs, and any out-of-pocket expenses tied to your injury. In serious construction cases involving spinal cord injuries, amputations, or traumatic brain injuries, future medical costs alone can run into the hundreds of thousands of dollars. Our attorneys work with medical professionals and economists to project these figures accurately so nothing gets undervalued in settlement discussions or at trial. The National Institute of Neurological Disorders and Stroke outlines the long-term medical needs that often follow a severe TBI, which gives some idea of the scope of these claims.

Non-economic damages compensate for losses that don’t come with a receipt. Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and the strain a catastrophic injury places on family relationships all fall into this category. New York does not cap non-economic damages in personal injury cases, which means a jury can award what it believes is fair based on the severity of the injury and its long-term impact. These damages are often the largest component of a construction accident verdict, especially when a worker’s daily life has been permanently altered.

Punitive damages are less common but can apply when a defendant’s conduct goes beyond ordinary negligence. If a general contractor or property owner knowingly ignored safety regulations or created conditions that were virtually certain to cause serious harm, a court may award punitive damages to punish that behavior and deter others. New York courts evaluate these awards under a standard requiring willful or wanton disregard for safety, as outlined in New York’s pattern jury instructions. While not available in every case, the possibility of punitive damages can significantly influence how aggressively a defendant approaches settlement.

Our attorneys evaluate all three categories from the start of every case so that no element of your recovery is overlooked.

Contact Hurwitz, Whitcher & Molloy

If you or someone you love was hurt on a Medina, NY construction site, a conversation with our firm costs nothing. We’ll review the facts, explain your rights under New York workers’ compensation and Labor Law, and tell you honestly whether you have a case worth pursuing.