Rochester Construction Accident Lawyer

Why Choose A Rochester Construction Accident Lawyer at The Barnes Firm?

Construction sites can be dangerous places due to heavy machinery, elevated platforms, and hazardous materials associated with such sites. When a construction accident occurs, it often leaves the victims with serious injuries. For example, struck-by accidents were responsible for 150 deaths in the US construction industry in 2020.

If you have been injured in a construction accident, the law provides that your employer pays for the injuries and losses sustained and you can pursue a personal claim if a third party contributed to your injury. However, many times the insurance companies may deny your claim on unclear grounds. We highly advise you to seek help from our construction accident attorneys at The Barnes Firm to help you handle the legal process. Our team has experience in handling construction accident claims in Rochester, New York, and we are ready to fight for the rights of our clients.

Here’s why you can trust us to handle your construction accident claim:

• Experience: Our firm has over 500 years of combined experience in handling personal injury claims in both New York and California.
• Impressive track record: Our results speak for themselves. We have recover4ed over  $2.5 billion for our clients in different personal injury cases. These are significant settlements that demonstrate our ability to help our clients recover fair compensation.
• Focused on our clients: We believe in putting our clients first. We are committed to providing personalized attention and support to each client we represent. You can trust that we will be there for you through the case to ensure the protection of your rights.
• Free initial case evaluation: We offer a free case review to assess and advise you on the best legal options without any financial obligation.
• No payment until we win: We understand the financial burden that comes with pursuing a construction accident claim. That’s why we work on a contingency fee basis, which means you won’t owe us any attorney fees until we win your case.
• Our big team of legal professionals: Our firm has a dedicated and experienced legal team consisting of over 40 attorneys. This means that we have the resources and knowledge to handle even the most complex construction accident cases.
• Case-by-case attention: We understand that every construction accident claim is different and requires a tailored approach. We will work closely with you to understand your individual circumstances and develop a strategy that aims to maximize your recovery.

Brett Manske – Personal Injury Lawyer in Rochester, NY

“After studying pre-medicine in college, I decided to pursue a career in law and to dedicate my professional life to the pursuit of justice. To that end, right out of law school, I was appointed as an Assistant District Attorney for the Manhattan District Attorney’s Office. As a prosecutor in New York City, I worked tirelessly to seek out justice for people who were victims of crimes. In doing that, I gained invaluable experience as a trial attorney.”

Common Rochester Construction Site Accidents

Construction sites are inherently high-risk environments, and accidents can occur in a variety of ways. Here are the common construction site accidents:

• Falls from heights
• Fire and explosions
• Repetitive motion injuries
• Caught-between incidents.
• being struck by falling objects
• Electrocutions
• Scaffolding accidents
• Machinery-related accidents.
• Vehicle accidents
• Ground Collapses

At The Barnes Firm, we have dealt with various forms of construction accident cases and understand the unique challenges they present. A Rochester construction accident lawyer can help you handle your case based on the type of accident that caused your injury.

Common Causes of Construction Site Accidents in Rochester NY

Construction zones in Rochester may have various factors that trigger accidents. Some prevalent factors contributing to construction site accidents in Rochester NY:

• Inadequate safety measures
• Uneven surfaces, debris, or wet conditions
• Failure to maintain a clean and organized work environment
• Inadequate storage or securing of objects may lead to workers being struck by items.
• Faulty wiring, inadequate grounding, or failure to follow proper electrical safety protocols
• Improper use or maintenance of construction machinery, such as cranes, forklifts, or excavators
• Lack of training, negligence, or equipment malfunctions
• Inadequate shoring, sloping, or protective systems which can lead to the destabilization of trenches.
• Lack of fire safety measures and proper training
• Failure to provide or use appropriate personal protective equipment, including helmets, gloves, and safety glasses.

To mitigate these risks, construction companies in Rochester are to act within the Occupational Safety and Health Administration (OSHA) safety guidelines and protocols. OSHA is responsible for developing workplace safety and health standards.

What is the Statute of Limitations for Construction Accident Claims in Rochester, New York?

It is essential to understand that you have limited time to file your construction accident claim in Rochester, New York. The statute of limitations, which is the deadline for filing a lawsuit, limits your time to act. If you don’t file your claim within the legal timeframe, you risk losing your right to seek compensation.

In New York, you have three years from the date of the accident or from the date of injury discovery to bring a personal injury lawsuit. However, workers in Rochester NY have two years to file a workers’ comp claim. There are exceptions and shorter time frames depending on the individual cases. A personal injury attorney can help you adhere to the necessary deadlines.

Construction Accident Laws in New York State

In New York, there are several construction accident laws in place to protect the rights and safety of construction workers.

Labor Law Section 240

Under this law, also known as the Scaffold Law, contractors and construction site owners can be held strictly liable for injuries to workers caused by falls from heights or falling objects. This means that if a worker is injured due to inadequate safety measures or the absence of proper scaffolding or equipment, one or both of these parties can be held responsible for the damages.

Labor Law Section 241

This law sets specific safety standards to adhere to in construction, demolition, and excavation sites. It requires owners and contractors to provide reasonable protection to workers by complying with the rules and regulations specified in the New York Industrial Code. If a worker’s injury results from the violation of these safety regulations, the owner or contractor may be held liable for the damages.

Labor Law Section 200

This law imposes a general duty on construction site owners, general contractors, and other parties in control of the construction site to maintain a safe working environment. They are responsible for providing adequate supervision, implementing safety procedures, and addressing hazards that could potentially harm workers.

Who Can Be Held Responsible for a Construction Accident in Rochester?

It is not easy to determine liability in a construction accident claim. This is because there is a possibility that multiple parties may be responsible. Depending on each case, potential parties could include:

• Property owners
• General contractors
• Subcontractors
• Equipment manufacturers
• Third parties, such as delivery trucks on the site

Our legal professional will investigate your case to identify the parties to hold accountable for your injuries.

How the Scaffold Law Affects Construction Site Injury Claims in Rochester

As mentioned earlier, New York’s Scaffold Law establishes a higher duty of care for property owners and general contractors in construction accident cases. This law makes it easier for injured workers to recover compensation by placing strict liability on these parties for accidents involving falls from heights or falling objects. Your construction accident attorney will apply the Scaffold Law to strengthen your injury claim.

Types of Compensation in Rochester Construction Accident Claims

Construction accident victims may pursue various types of compensation. The recoverable damages vary based on the circumstances of your case. Common types of compensation include:

• Medical expenses
• Rehabilitation costs
• Lost wages
• Disability benefits if the accident led to loss of earning capacity
• Pain and suffering
• Emotional distress
• Wrongful death benefits

Although the law allows you to receive such damages, the insurance companies will try their tricks to deny claims or lowball settlements. It is in your best interest to seek legal counsel to ensure that you receive full and fair compensation.

What Do You Do If You’re Injured on a Construction Site?

Following a construction site accident that left you injured, taking proper actions can help protect your rights and strengthen your claim. Here are the steps to take:

• Get immediate medical help for your injuries.
• Report the accident to your employer within 30 days and ensure that the report is in writing.
• Take photographs of your injuries, the scene, and any hazardous conditions that triggered the accident. Also, collect contact information from any witnesses.
• Take note of the medical treatment expenses and any impact on your daily life and ability to work.
• Consult with a construction accident attorney for professional guidance through the legal process.

When Should I Call a Construction Accident Attorney?

It is advisable to call a personal injury lawyer as soon as possible after a construction accident. This is because timely legal representation ensures that your rights are protected from the beginning. A Rochester construction accident lawyer can help you gather evidence while it is fresh and document it. This will help bolster your claim and maximize your chances of obtaining fair compensation.

The Role of a Construction Accident Lawyer

Many victims of construction accidents obtain compensation from the insurer of the at-fault party. Even so, some individuals obtain settlement offers that barely cover injury-related losses.

A construction accident attorney is a highly experienced legal professional who can handle the intricacies of a claim.

More importantly, a construction accident attorney protects the injured party’s rights and seeks compensation.

Here are a few roles of a construction accident lawyer:

Negotiating With the Insurer of the At-fault Party

Insurance companies use various tactics to convince injured victims that their claims are worth less. For example, an insurer may quickly table a settlement offer after receiving a construction accident claim.

A construction accident attorney evaluates the offer in relation to your injury-related losses. If necessary, the attorney will provide supporting evidence and negotiate a better settlement value that matches your losses.

Provides Legal Advice

A construction accident attorney also plays a crucial role in helping you understand the applicable laws in your claim. For instance,  there is a difference between a workers’ compensation and a personal injury claim.

In a personal injury claim, you must demonstrate negligence or a breach of duty. An attorney will evaluate the specifics of your case so you’ll know what legal avenues to pursue.

Identify the Responsible Party

Multiple parties may be responsible for injury-related losses in a construction accident. If you are hurt on the job, you may file a workers’ compensation claim against your employer.

You may also be able to pursue a personal injury claim against a third party that caused your accident. For example, an equipment manufacturer or an engineer responsible for a substandard design may have contributed to your accident. An attorney can identify all potential liable parties to maximize the chances of obtaining a fair settlement value that covers your losses.

Maximizing Compensation and Establishing All Potential Damages

Your chances of recovery from physical harm depend on the damages you obtain in a construction accident claim. The attorney will evaluate the facts and circumstances of your claim and determine applicable damages.

An attorney may also maximize your settlement claim by compiling evidence that proves the extent of your damages. Alternatively, a construction accident attorney can litigate your case in court to obtain an order compelling the defendant to pay your losses.

Differences Between Workers’ Compensation Claims and Personal Injury Lawsuits

An injured worker has numerous options to recover compensation after a construction accident. Although a workers’ compensation claim is the most familiar option, a personal injury claim may also be possible.

There are critical differences between the two claims:

• Fault and Liability: Workers’ compensation uses a no-fault system, meaning you don’t have to prove your employer or co-worker caused your injury to claim benefits. For a personal injury claim, the injured party must demonstrate the defendant’s negligent action caused the injury.
• Damages: Compensation related to a personal injury includes economic, non-economic, and punitive damages. A workers’ compensation claim doesn’t provide compensation for non-economic damages like pain and suffering.

Types of Recoverable Damages

Depending on the facts and circumstances of your construction accident, you may be able to recover the following types of damages:

• Medical expenses
• Lost income
• Out-of-pocket expenses
• Pain and suffering
• Emotional anguish
• Loss of consortium
• Loss of enjoyment of life
• Permanent disfigurement
• Punitive damages

How to File a Construction Accident Lawsuit in Rochester, NY

A construction lawsuit is a legal action in court against the party who caused your injuries. You can initiate a lawsuit if settlement negotiations fail or after the at-fault party denies liability. A lawsuit is also necessary if the at-fault party’s insurer acts in bad faith or violates the terms of a settlement agreement.

Here are the general steps applicable to a construction accident lawsuit.

• Obtain medical care for your injuries.
• Gather evidence related to your construction accident
• Hire a construction accident attorney
• Investigate the cause of your accident and injuries
• Establish the negligent party
• Serve the defendant with a notice of claim
• Commence settlement talks
• File a complaint in a court at a local jurisdiction
• Attend trial, if necessary
• A judge or jury issues a verdict

Rochester Construction Accident Lawyer Costs and Fees

Most construction accident lawyers work on a contingency fee basis for their services. The fee structure means an attorney will receive pay for their services after obtaining a settlement value from the at-fault party.

A contingency fee is only applicable if you win your case.

With a contingency fee, a construction accident lawyer takes a risk that the client will win the case. A typical contingency fee is between 20% and 40%, with most totaling 30-35%. An injured victim pays the contingency fee from the settlement proceeds at the end of the case.

Are Labor Law Claims Available for All Construction, Demolition & Excavation Accidents?

Workers’ compensation is available to workers who become ill or sustain injuries in work-related accidents. It is, therefore, available to employees who sustain injuries in construction, demolition, and excavation accidents.

What Legal Protections Exist for New York Construction Workers?

Employers have a duty to take reasonable steps to enhance workplace safety and must also provide workers’ compensation coverage. This coverage assures the injured worker gets medical care and compensation for a portion of the income they lose if they cannot return to work.

An injured worker has the right to file a lawsuit for personal injuries caused by someone other than their employer.

Rochester Construction Accident FAQs

What Are The Most Common Construction Accident Injuries In NY?

Construction sites pose a significant hazard to workers and members of the public. For instance, workers use ladders, operate heavy machinery, work with flammable materials, and work on roadsides, which exposes them to moving vehicles. Due to the multiple risks at construction sites, workers sustain severe injuries and fatalities while at work. Most common construction accident injuries are:

1. Head and Brain Injuries: You can sustain a head or brain injury because of the impact of a falling object or after a slip-and-fall
2. Burns: Construction workers are at risk of severe burn injuries when they come into contact with hot surfaces, chemical exposure, or welding equipment.
3. Fractured Bones: Construction workers are at risk of fractured bone injuries when involved in a caught-in-between accident.
4. Neck and Shoulder Injuries: Over-extension is the leading cause of neck and shoulder injuries. Incidences of overextension occur when a construction worker carries, lifts, pulls, or pushes a weight that exceeds the body limit.
5. Spinal Cord Injuries: A spinal cord injury is one of the most devastating effects of a construction accident

Who Is Legally Responsible For Construction Defects In Rochester, NY?

Any flaw in a building project may be considered a construction defect, including substandard materials, improper planning and supervision, inadequate inspection, and failure to adhere to building codes. Identifying a construction defect is more straightforward than finding the responsible party. While some defects reveal themselves during construction, others take several months or years before discovery.

Who is legally responsible for construction defects? Any of the following parties may be held liable for a construction defect:

• Construction Company
• Property Owner
• Contractor or Subcontractor
• Product Manufacturer

What Is The Importance Of Establishing Liability After A Construction Accident?

Generally, construction sites are a risk to construction workers and the public. Therefore, construction companies are legally obligated to secure the sites and protect workers and bystanders from sustaining injuries. Besides a construction company, other parties may be liable for a construction site accident claim. Anyone whose negligence contributes to an accident could be responsible if someone suffers a construction site injury.

How To Claim Medical Damages After A Construction Accident In Rochester?

Understanding how to claim medical damages can increase your chances of a positive outcome and financial support for the future.

1. Seek Medical Attention: You should prioritize immediate medical attention after you’ve sustained an injury in a construction accident. Ensure you visit a qualified physician for examination, even for a minor injury.
2. Prepare Documentation: Documentation is crucial for anyone looking to obtain compensation after a construction accident.
3. Consider Legal Representation: While most victims obtain compensation from the at-fault party’s insurer, some receive settlement amounts that hardly cover injury-related losses.
4. File an Insurance Claim: Contact the insurer of the at-fault party about the construction accident. In most cases, an insurer will table a settlement proposal.

How to Help Prevent Construction Site Accidents and Injuries In Rochester, NY?

There are numerous safety measures and precautions that can be taken to help prevent construction site accidents and injuries. Implementing safety training procedures and using appropriate protective attire are a few methods that may be utilized to create safe working conditions for construction workers.

• Conduct regular safety training. All workers should receive regular safety training that covers all hazards of the job site.
• Use proper protective equipment. This equipment can greatly reduce the risk of injuries caused by falls, flying debris, or exposure to hazardous materials.
• Inspect equipment regularly. Construction equipment and machinery should be inspected regularly to ensure that it is functioning safely and efficiently.
• Implement fall protection measure. Falls are one of the leading causes of construction site injuries and fatalities.
• Create a culture of safety. Safety should be a top priority at all levels of the organization, from management to frontline workers.

Contact A Rochester Construction Accident Lawyer Today

To successfully recover damages in a construction accident case in Rochester, a robust legal strategy is key. This is because three different labor laws govern New York, and knowing how to apply them correctly requires the help of a Rochester construction accident attorney. Should you or a loved one suffer injuries in a construction accident, don’t hesitate to reach out. Our attorneys will provide you with personalized attention and aggressively pursue the compensation you deserve. Contact us today for a free case evaluation.

Our Rochester Construction Accident Lawyers at The Barnes Firm Injury Attorneys help victims from New York. Our firm is conveniently located near you. We have an office in Rochester at 28 E Main St #600, Rochester, NY 14614. Find us with our GeoCoordinates: 43.15574447833546, -77.61143682393987

Client Reviews

What our clients are saying about us

Nichole W.

The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.