Construction projects are on the rise in Buffalo, and with this increase comes a higher likelihood of injuries to workers. The nature of construction work involves various hazards and risks that can potentially lead to serious accidents. According to the Bureau of Labor Statistics, the construction site injury rate reached 2.3 cases per 100 full-time workers in 2022. Unfortunately, some workers sustain severe injuries which affect their ability to engage in a productive economic activity.
If you have suffered injuries following a construction accident in Buffalo, you are legally entitled to recover damages. The legal team at The Barnes Firm has assisted thousands of victims in recovering losses. With over 40 legal professionals, we have the resources and experience to fight for your rights and ensure you are duly compensated.
Choosing a law firm to represent you requires careful consideration. This is because the right legal representation can significantly influence the compensation you receive and the overall experience you have during the legal process.
At The Barnes Firm, we understand the challenges you’re facing, and we want you to trust us with your construction accident claim. Here are the reasons why you should trust our legal team:
Our legal team has an impressive track record in successfully handling personal injury claims in California and New York. We’ve successfully handled over 150,000 accident cases.
Construction accidents require a profound understanding of both New York Labor Law and industry-specific regulations. For instance, we understand that construction accidents involve multiple parties, such as engineers, contractors, architects, and equipment manufacturers. We also understand each party’s legal responsibilities, obligations, and potential liabilities in the event of an accident.
When you choose The Barnes Firm, you’re gaining a dedicated legal team committed to your case. Here are some ways we dedicated our resources to help you:
Construction accident cases often demand thorough investigations. This is primarily because numerous factors are often involved that need examination to determine liability and establish what happened. We have the resources to conduct in-depth inquiries and gather evidence to build a compelling case on your behalf.
In our approach, we allow clients to be actively involved in decision-making processes. We will seek your input, listen to your concerns, and consider your preferences when developing case strategies. This involvement ensures you are confident with the entire legal process.
Also, we know that your personal injury case is unique from the rest. Our approach involves tailoring legal strategies to your specific circumstances. This ensures that the representation aligns with your needs to maximize the chances of a favorable outcome.
Whether negotiating a settlement or litigating in court, our legal team has continuously demonstrated effective advocacy. Because of our negotiation skills, we have won substantial amounts in settlements on behalf of our clients. You can trust our dedicated legal team to pursue the best possible outcome for your case.
A personal injury case may involve physical and emotional trauma. As a result, we carefully approach each case with compassion while understanding the human side of the legal process and providing support throughout. If necessary, we will connect you with additional support services, such as medical professionals, therapists, or support groups.
Construction accident cases in Buffalo are governed by three New York Construction Laws. Collectively, these laws create a framework for ensuring the safety of construction workers and protecting them in case of injuries. Your Buffalo construction accident attorney will file an injury claim under any of these laws based on your unique case.
Commonly known as the Scaffolding Law, Labor Law 240 is designed to protect construction workers who perform elevated work such as using scaffolds, ladders, or other devices. This law imposes liability on contractors or property owners for injuries sustained by workers due to inadequate or defective scaffolding or ladders.
Also, the law requires scaffolds to be able to carry four times the expected maximum weight for adequate support to avoid ugly incidents. Contractors, property owners, and agents are responsible for maintaining proper safety measures and providing necessary equipment to prevent falls and related injuries.
Labor Law 241 outlines specific safety and health regulations applicable to excavation and demolition projects in New York. It lists various safety standards and protection measures for workers in such sites.
This law holds the owners or contractors of such projects responsible should they fail to comply with these regulations. Therefore, if a construction site accident occurs because of a failure to adhere to the prescribed safety standards, you can bring a claim against those responsible based on this law.
This law establishes the general duty of employers, including property owners and contractors, to provide a safe workplace for workers and visitors. To enhance safety, the job site must have adequate signals, lighting, and guardrails.
Additionally, Labor Law 200 requires employers to take reasonable steps to ensure all devices, machinery, and equipment are operated, positioned, and guarded in a secure manner.
As an injured construction worker in Buffalo, you have rights and legal protections. The injured construction workers have specific rights based on the New York Labor Laws. These laws hold construction site owners, contractors, or their agents responsible for injuries that occur for not offering a safe working environment.
Additionally, you may be able to recover damages under the workers’ compensation system for a construction accident that injures you in Buffalo. Workers’ compensation is insurance coverage provided by employers to cover medical expenses, lost wages, and rehabilitation costs for workers injured on the job. As an injured construction worker, you need to report your injury to your employer as soon as possible, which should provide you with information on how to go about filing for workers’ compensation benefits.
You may also have grounds to file a personal injury lawsuit. This means if your injury was caused by another party’s negligence or a defective product, you may be able to seek compensation beyond what workers’ compensation provides. However, you will need to prove your case in order to suspend the ‘exclusive remedy’ doctrine. Consult with a construction accident attorney in Buffalo to help you understand your options and determine the best course of action.
When it comes to insurance claims, it’s not uncommon for insurance companies to put up a fight. They may try to deny your claim or offer a settlement that is far below what you deserve. Therefore, you need to take specific steps to protect your rights and ensure that you receive the compensation you are entitled to.
Liability in a construction accident case depends on the specific factors that led to the incident. It’s not uncommon for multiple entities to be held accountable. Potential parties that might be deemed responsible include:
A construction accident attorney from our firm will help you identify and hold the responsible parties accountable for the losses you endured following the accident.
Common types of construction accidents that can happen in Buffalo include:
In the unfortunate event of an accident, immediately contact an attorney and specify the type of the accident to them. This allows them to begin investigating the factors that caused it to build a robust case.
If you’ve been involved in a construction accident in Buffalo, don’t handle the process alone. Our Buffalo construction accident lawyers can take up your case and represent you in court if necessary. Having assisted many clients in recovering fair compensation for their losses and injuries, you can be sure that your case is in the safe hands. We will determine if your injury is covered under sections 241, 240, or 200 of New York State Labor law. Contact us today for a free, confidential consultation.
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.
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
The first thing you should do if you or one of your crew members are injured at a job site is notify your employer about the accident. You must notify your employer verbally or with written notice within 30 days of the accident occurring if you intend to pursue a workers’ compensation claim. When you provide this notice, your employer should give you an accident report to fill out. This report is an important piece of evidence. There should be no guesswork or opinions in an accident report. It should be your account of how the accident happened, not why you believe it happened. Only sign an accident report after you have read through it and made any necessary changes. Then, take a picture of every page of the report to have a record of your statements.
Regardless of the extent of your injuries, you should always fill out an accident report. It can sometimes take days or weeks for pain and injuries to appear and filling out an accident report preserves your right, at a minimum, to make a workers’ compensation claim.
Yes, you should always seek medical treatment no matter how minor you believe your injury to be. Do not ignore your injuries and hope it will get better or go away on its own. Ignoring your injury can lead to the injury getting worse and delay the recovery process. After an accident, it is always in your best interest to visit a hospital, urgent care center, or your primary care doctor to get a full assessment of your injuries and a treatment plan.
Even without evidence, you can still file certain claims, but any evidence you can gather is always helpful. If you can, the following pieces of evidence can help support your claims:
Worker’s compensation is insurance that provides medical and wage benefits to employees who have been injured on the job. These claims provide:
In order to file a workers’ compensation claim, you must:
Employers may try to discourage employees from filing a worker’s compensation claim. It is illegal for an employer to tell an employee not to file a worker’s compensation claim and an employer cannot retaliate against, or fire, employees for filing a workers’ compensation claim.
Depending on how the accident occurred, you may be able to file a personal injury claim in addition to a workers’ compensation claim. Your personal injury claim will be based on New York’s Labor Law. This allows you to pursue a personal injury claim against certain entities that are affiliated with the job site for the failure to provide you with safety devices to perform your work or the failure to provide you with a safe place to work. Your personal injury claim will consist of past and future pain and suffering related to the injuries you have sustained at the job site and all the medical treatment you needed for these injuries. You are also making a claim for past and future lost wages, which includes any money that you did not receive that you believe you were entitled to, as well as your annuity, pension, and other parts of your benefits package.
It is important to note, you only have three years to file a personal injury claim. You can have both a workers’ compensation claim, and a personal injury claim at the same time.
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