Construction accidents are an unfortunate reality in the building industry, exposing construction workers to significant risks every day. From falls and equipment malfunctions to structural collapses, these incidents can lead to serious injuries such as traumatic brain injuries, spinal cord injuries, and even fatalities. Buffalo construction workers have the right to a safe job site, and it is the legal duty of construction companies, property owners, and general contractors to implement effective safety measures to protect workers. When these parties fail in their responsibilities, injured construction workers may face a long road to recovery. An experienced construction accident attorney can be a crucial ally, guiding injured workers through the process of filing a claim and pursuing a personal injury lawsuit. With the right legal support, construction accident victims can seek maximum compensation for their injuries, lost wages, and future needs.
At The Barnes Firm, our Buffalo construction accident attorneys have helped thousands of injured workers recover the compensation they deserve. With decades of combined experience and deep knowledge of New York construction law, we aggressively protect your rights and fight to hold negligent parties accountable. Contact us online today or by calling (800) 800-0000 for a free case evaluation.
Why Choose The Barnes Firm for Your Construction Accident Claim?
Choosing the right law firm matters. Construction accident cases are often complex, involving multiple parties, strict safety regulations, and powerful insurance companies. Hiring a construction accident attorney can maximize your compensation by identifying all responsible parties. Our attorneys bring the legal representation you need to navigate complex claims effectively.
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:
Proven Experience
Our team of personal injury lawyers has extensive experience handling construction accident claims. We have successfully handled hundreds of thousands of personal injury cases nationwide, including construction accident claims, and know how to build strong legal strategies that get results.
Construction-Specific Legal Knowledge
We understand the unique challenges of construction accident cases under New York law, including Labor Law §§ 200, 240, and 241 statutes that impose liability on property owners, contractors, and other responsible parties when safety is inadequate. This legal knowledge is crucial for successfully pursuing a personal injury claim after a construction accident, especially when injuries result from unsafe work environments or site negligence.
Dedicated and Accessible Team
When you choose The Barnes Firm, you get a team committed to your case. We keep you informed, return calls promptly, and tailor legal strategies to your needs.
Resources for Investigation
Construction site accident cases often require expert investigation to determine exactly what went wrong and who is responsible. Construction accident investigations require immediate action to preserve evidence before it disappears or gets altered. Our firm has the resources to gather and analyze critical evidence, including site inspections, expert testimony, and safety records.
Compassionate Advocacy
We understand that a construction injury affects your life physically, emotionally, and financially. We handle your case with compassion and strength, so you can focus on healing.
New York State Construction Laws That Protect Workers
Construction accident claims in Buffalo are often brought under specific New York Labor Laws designed to protect employees and job site visitors:
- Labor Law 200: Requires employers and contractors to provide a safe work environment.
- Labor Law 240 (Scaffold Law): Holds property owners and contractors strictly liable for gravity-related injuries, such as falls from heights.
- Labor Law 241(6): Mandates compliance with specific safety rules and regulations on construction sites.
It is also important to understand the statute of limitations, which is the legal deadline for filing a lawsuit. In New York, victims and their families generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can eliminate your right to compensation, so it is crucial to consult a Buffalo construction accident lawyer promptly to ensure your claim is filed on time and your rights are protected.
Labor Law § 200
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.
Labor Law § 240 — The Scaffolding Law
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(6)
Labor Law 241 (6) 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.
Construction Site Safety and Violations
Safety on construction sites is essential to prevent accidents and protect workers from harm. Despite strict occupational safety regulations set by the Occupational Safety and Health Administration (OSHA), safety violations remain a leading cause of construction accidents. Common issues include failure to provide proper safety equipment, inadequate training, and neglecting to enforce safety protocols. When construction companies cut corners or ignore health administration guidelines, they put workers at risk for devastating injuries. A construction accident lawyer can investigate the accident scene, identify any safety violations, and determine which responsible parties, such as contractors or property owners, failed to protect workers. By holding these parties accountable, injured workers can pursue compensation and help improve safety standards for everyone on the job site.
Your Rights After a Buffalo Construction Accident
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.
Common Types of Construction Accidents
Construction accident injuries vary widely in cause and severity, but some of the most frequent include:
- Falls from elevations, including scaffolding or ladders
- Slip and fall accidents can occur due to uneven surfaces or spilled liquids on construction sites
- Being struck by falling tools or materials
- Electrocution
- Crane and heavy machinery accidents
- Trench collapses and cave-ins
- Structural failures
- Fire and explosions
- Defective equipment
- Chemical exposures
- Traffic collisions on construction sites
Regardless of the cause of your accident, The Barnes Firm will work tirelessly on your behalf to help you get the best result possible for your construction accident case.
What To Do After a Construction Accident
After a construction accident, you can help protect your rights by taking these steps:
- Seek medical attention immediately — to document injuries and ensure proper care.
- Report the accident to your supervisor — as soon as possible.
- Document the scene if you can — photos, videos, and witness information can be powerful evidence.
- Contact an experienced construction accident attorney — before speaking to insurance adjusters.
Insurance companies often move quickly to minimize payouts. Don’t let them devalue your claim. Instead, contact The Barnes Firm for a free case evaluation.
Construction Injury and Medical Treatment
Construction injuries can be severe and require immediate medical attention to prevent long-term complications. After a construction accident, it is critical for injured construction workers to seek prompt medical treatment to document their injuries and begin the recovery process. Medical expenses can quickly add up, especially in cases involving serious injuries like fractures, burns, or head trauma.
The attorneys at The Barnes Firm help injured workers pursue compensation for medical expenses, lost wages, pain and suffering, and other related damages. We guide our clients through every step of the legal process from collecting accident reports and medical documentation to negotiating with insurance companies for fair settlements. By working to secure the financial recovery necessary for treatment and long-term care, our Buffalo construction accident workers allow injured workers to focus on healing and rebuilding their lives.
Wrongful Death and Construction Accidents
Tragically, some construction accidents result in the loss of life, leaving surviving family members to cope with emotional and financial hardship. In these cases, a wrongful death claim can be filed to seek compensation for medical bills, lost wages, funeral expenses, and the loss of companionship. A Buffalo construction accident lawyer can help surviving family members navigate the complex legal process of pursuing a wrongful death claim, ensuring that all responsible parties are held accountable. An experienced accident lawyer can offer compassionate guidance and aggressive representation, helping families secure the compensation they need to move forward after a devastating loss.
Who Is the Responsible Party of a Construction Accident?
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:
- General contractors
- Property owners
- Subcontractors
- Equipment designers and manufacturers
- Architects and engineers
- Third Parties, such as a delivery truck causing a collision on the construction site
Our attorneys build comprehensive cases against every responsible party to pursue full, fair compensation, including skilled settlement negotiations.
Speak With a Buffalo Construction Accident Attorney Today
Construction accidents can change lives in an instant, especially given the risks faced by a Buffalo construction worker operating in dangerous environments with heavy machinery. If you’ve been injured, don’t wait to protect your legal rights.
Call The Barnes Firm or fill out our online form today for a free case evaluation.
At The Barnes Firm, our construction accident lawyers work on a contingency fee basis, meaning you don’t pay unless you win your case. Contingency fees make legal representation accessible to injured construction workers who may not have the financial resources to pay hourly attorney fees. Under a contingency fee arrangement, you won’t owe attorney fees unless your case succeeds.
We fight for injured workers. We fight for justice.
Client Reviews
What our clients are saying about us
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.
Answers to Your Most
Commonly Asked Questions
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:
- Pictures and Videos of the construction site, the condition that caused your accident, the accident location after your accident, and your injuries. If you cannot gather photos or videos after an accident, reach out to a coworker and ask them to take a photo or video for you.
- Witnesses that saw how the accident occurred or the aftermath of the accident can help your claim. It is important to gather their personal information, such as full name, phone number and email address.
Workers’ Compensation Claim
Worker’s compensation is insurance that provides medical and wage benefits to employees who have been injured on the job. These claims provide:
- 100% coverage of medical bills, including copays and deductibles.
- Up to 2/3 of your salary, tax free, for the period you are deemed disabled.
In order to file a workers’ compensation claim, you must:
- Notify your employer within 30 days of the accident.
- Provide documentation from your doctor or medical provider indicating you are injured.
- File a C-3 document within 2 years of your accident.
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.
Personal Injury 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.
