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Buffalo Construction Accident Lawyer
Experienced, compassionate legal support for workers injured in Buffalo construction accidents
Every year, tens of thousands of construction workers sustain injuries on the job. Some of these injuries are acute in nature, while others develop over time. If you consider the scale of these jobs and the kinds of equipment construction workers interact with every day, it’s probably easy to understand why injuries are so common in these environments. Heavy machinery, unstable structures, tall ladders and unsafe property conditions can all cause or contribute to catastrophic accidents.
A serious construction accident can take a physical, mental, emotional and financial toll on an injured worker and their loved ones. Some of the injuries require extensive medical care and may even render a victim unable to return to their pre-accident work duties. The cumulative effects of a construction accident can impact nearly every aspect of a survivor’s life and leave them struggling to regain their sense of normalcy.
While workers’ compensation may provide certain benefits after an on-the-job injury, it isn’t necessarily the only source of financial support available. If someone other than your employer or a coworker caused the accident that injured you, you may be able to pursue a third-party liability claim against them. Contractors, property owners, equipment manufacturers and other outside entities may all become the subject of a personal injury claim in the event that their negligence contributes to an accident.
At O’Brien & Ford, PC, we help injured construction workers understand their rights under New York law. Workers in this industry have specific legal protections afforded to them, and accident victims deserve to know whether they may be entitled to compensation for their injuries. Contact us today to learn more about our approach to construction accident cases. We’ll answer your questions, listen to your story and begin the process of developing a one-of-a-kind legal strategy based on the facts of your case.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
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Common causes of Buffalo construction accidents
There are so many safety hazards to keep track of on your average construction site. These work environments can be inherently risky due to the nature of the work being done on the premises. Many construction projects require the use of heavy machinery and construction vehicles, as well as potentially dangerous power tools like drills and power saws.
Furthermore, construction sites may feature uneven ground surfaces and unfinished structures that can pose their own safety risks. Even the most experienced construction workers can still fall victim to a serious accident on the job due to the hazardous nature of their work and the tools they rely on every day.
Construction accidents can unfold in many different ways, but our team commonly handles cases involving:
- Falls from ladders, scaffolds, roofs and elevated platforms
- Slips and falls
- Heavy machinery accidents
- Crane and forklift accidents
- Structural collapses
- Falling objects like tools and materials
- Electrical accidents
- Fires and explosions
- Defective or poorly maintained equipment
- Vehicle accidents in and around worksites
- Unsafe walkways
Falls are some of the most common causes of construction accident injuries, but any of the incidents above could cause serious harm to construction workers. We commonly work with construction accident survivors who are dealing with catastrophic injuries like spinal cord injuries, crush injuries, traumatic amputations and brain injuries.
All of these conditions can fundamentally change the way a worker thinks, moves, speaks, works and experiences the world around them. That’s why it’s so important for injured construction workers to know their rights after an accident. While not every construction accident has legal implications, others may be linked to identifiable safety failures or third-party negligence.
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What Our Clients Say About Us
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
“Best firm ever, very smart and knowledgeable law firm. I always felt in great hands through out the entire process, Specal thanks to my Attorney Anant Kishore, couldn’t ask for a better outcome, thanks again guys ,”
How does New York Labor Law protect construction workers?
Because of the dangers associated with construction work, New York law provides enhanced legal protections to workers within this industry. Some of these laws go beyond ordinary negligence principles and may provide injured workers with vital protections following a jobsite accident. Here is a brief overview of three of the labor laws that may be relevant in a construction accident case:
New York Labor Law § 200
New York Labor Law § 200 establishes the general duty of property owners and general contractors to provide workers with a reasonably safe place to work. If you suspect that a dangerous site condition contributed to the accident that injured you, you’ll have to be able to show that the property owner or contractor created the hazard or knew or reasonably should have known about it and failed to take steps to address it.
New York Labor Law § 240
New York Labor Law § 240(1), commonly known as the Scaffold Law, gives construction workers the ability to hold property owners and contractors accountable in certain cases involving falls from a scaffold, ladder, roof or elevated platform. If inadequate safety equipment caused or contributed to a worker’s fall, the owner and contractor can be held liable even if the worker was partially at fault. To recover compensation for a scaffold-related injury, you’ll have to be able to show that the property owner or contractor violated the law and that their violation was a proximate cause of your injuries.
New York Labor Law § 241(6)
New York Labor Law § 241(6) requires owners, contractors and their agents to comply with specific construction-safety regulations found in the New York Industrial Code. If a property owner or contractor violates a specific provision of the New York Industrial Code and that violation causes harm to a worker, the responsible party may be considered liable for the worker’s injuries. These cases typically hinge on regulatory failures like inadequate lighting, unguarded floor openings or the use of unsafe equipment, and plaintiffs must be able to show that the failure constituted a violation of an established safety regulation.
Not every construction accident falls under these laws, and some accidents can actually be traced back to the negligence of an outside party. For example, if a subcontractor causes an accident that injures a construction worker, the injured party may be able to pursue a third-party liability claim against the subcontractor. These personal injury lawsuits can be a bit complicated, but they have the potential to provide injured workers with much-needed compensation to support their recovery efforts.
Who can be held responsible for a construction accident?
The first step in any construction accident case is typically identifying any and all potential sources of liability. While many of these claims are brought against property owners and general contractors, they can also involve other entities entirely. As Buffalo construction accident attorneys, our team is prepared to thoroughly investigate potentially liable parties like:
- Property owners
- General contractors
- Subcontractors other than the injured worker’s employer
- Site managers
- Outside contractors with control over the work being performed
- Equipment manufacturers and distributors
- Maintenance providers
- Third parties like motorists and other outside entities
In New York, employees generally cannot sue their employers or coworkers for ordinary negligence. Instead, these claims are usually handled via the workers’ compensation system. If a case involves a Labor Law violation by an owner, contractor or other party that can be sued, or involves third-party negligence, however, an injured worker may be able to file a personal injury lawsuit in addition to pursuing workers’ compensation benefits.
This is part of what makes construction accident cases so complex. You need to have a clear understanding of whose actions contributed to your injuries and what their legal relationship was to you at the time of the accident.
Additionally, ordinary negligence claims are generally subject to New York’s comparative negligence system. Except in certain motor vehicle accident cases subject to New York’s no-fault law, a worker who was partially to blame may still be able to recover some compensation from another at-fault party, with their compensation reduced by the same percentage as their level of fault.
What compensation may be available?
Workers’ compensation benefits may cover a victim’s medical expenses, a portion of their lost wages and certain other accident-related losses. If your case has legal implications for a third party, however, you may be able to recover additional compensation for both economic and non-economic losses. Please note, however, that any workers’ compensation benefits already paid may affect how a third-party recovery is distributed because the workers’ compensation carrier may have a lien on part of the recovery.
Depending on the facts of your case, you may be able to pursue a third-party liability claim for compensation related to your medical bills, long-term rehabilitation costs, lost wages, reduced earning capacity, property damage and more. You may also be entitled to compensation for non-economic damages like physical pain and suffering and emotional distress related to your accident.
Many construction-related injuries have long-term implications for a person’s health and overall functioning. That’s why it’s important to consider the value of your future losses as well as the losses you have already incurred. An experienced construction accident lawyer can help you evaluate your losses and may even work with outside professionals to come up with a fair valuation of your damages under New York law.
Why work with O’Brien & Ford, PC?
Construction accident cases can be incredibly complicated and involve nuanced determinations related to liability and negligence. If you were injured in a Buffalo construction accident, you deserve to work with a legal team who understands the complexities of these cases and can help you better understand your rights under New York law.
At O’Brien & Ford, PC, we have experience representing construction workers in third-party liability claims and Labor Law-related civil suits. Our clients need someone they can count on to handle the challenges associated with these cases without treating them like an inconvenience or a walking dollar sign. That’s why we intentionally limit our caseloads and make it a point to get to know all of our clients on a personal level.
The better we know you and your story, the more effectively we can advocate for you and for your rights. When you work with us, you can expect direct access to your legal team with no runaround and personalized legal support throughout every step of the process. To help ease some of the strain for our clients, we do not ask for any attorneys’ fees until or unless we recover compensation in a case.
Frequently asked questions about construction accident claims
Can I file a lawsuit if I am already receiving workers' compensation?
Workers’ compensation benefits do not necessarily prevent you from filing a separate lawsuit against a negligent third party. However, the workers’ compensation carrier may have a lien on part of any third-party recovery for compensation and medical benefits it paid to prevent you from being compensated twice for the same losses.
Do I need an OSHA citation to pursue a construction accident claim?
How long do I have to file a construction accident lawsuit?
What should I do after a construction accident?
Speak with a Buffalo construction accident lawyer
If you were injured on a construction site and you believe that unsafe conditions, inadequate safety equipment or the negligence of a third party contributed to your accident, you may have legal options available to you. While you generally cannot sue your employer or your coworkers directly, you may still have recourse for recovering compensation by way of a third-party liability claim.
Contact the team at O’Brien & Ford, PC today to learn more about how these cases work in New York. You can reach us by phone 24/7 at 716-222-2222 or visit our local office at 4549 Main St., Suite 201 to schedule your free, no-obligation consultation. We’d be happy to break things down for you so you can make an informed decision about how best to recover any compensation you’re owed under New York law. When you call our office, you’ll be connected to an attorney within two minutes.