Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
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.
“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.”
Construction sites are inherently high-risk environments, and accidents can occur in a variety of ways. Here are the common construction site accidents:
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.
Construction zones in Rochester may have various factors that trigger accidents. Some prevalent factors contributing to construction site accidents in Rochester NY:
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.
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.
In New York, there are several construction accident laws in place to protect the rights and safety of construction workers.
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.
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.
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.
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:
Our legal professional will investigate your case to identify the parties to hold accountable for your injuries.
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.
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:
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.
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:
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.
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:
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.
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.
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.
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.
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:
Depending on the facts and circumstances of your construction accident, you may be able to recover the following types of damages:
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.
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.
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.
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.
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:
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:
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.
Understanding how to claim medical damages can increase your chances of a positive outcome and financial support for the future.
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.
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
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
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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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