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As an injured construction worker in Buffalo, New York, it’s important to exercise your legal rights. The experienced Buffalo construction accident lawyers at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers can help you seek the compensation you deserve. Call us at (716) 222-2222 for a free case review.
Since our founding, construction workers and families in Buffalo, New York, have trusted O’Brien & Ford to take on powerful insurance companies and employers. As leaders in construction accident litigation with over 84 years of collective experience, we’ve helped our clients win tens of millions in monetary awards.
Benefit from a team of top-rated trial attorneys by choosing our law firm to fight for you. We offer a free consultation. Contact our law office in Buffalo, NY, to schedule a free consultation with our award-winning Buffalo personal injury attorney.

As a construction worker, an on-the-job injury can be devastating. Without a steady source of income, it can be tough to pay for medical treatment and related costs, let alone make ends meet. Fortunately, you have many protections under New York state law, including the ability to seek compensation through insurance policies and/or lawsuits. Our experienced Buffalo personal injury lawyers can help you explore your options and fight to maximize your financial recovery.
Choosing O’Brien & Ford PC means putting award-winning New York trial attorneys who aren’t afraid of a fight in your corner. We genuinely care about each and every person we represent, and the multi-million-dollar results we’ve been able to achieve are a testament to that.
When you ask for our help after a construction accident in Buffalo, you’ll be able to count on us to:
Our construction accident attorneys in Buffalo work on a contingency fee basis. As an injured construction worker, you’ll owe us nothing out of pocket. Instead, our fees are entirely dependent on our ability to win compensation for your construction accident case. No win, no fee. That’s a promise we make to you.
Contact our Buffalo, NY, law office to discover why you should have our top-rated law firm fight for you. Your initial case assessment is free. Members of our team are standing by to take your call right now.
Construction activity across Buffalo and Erie County has grown significantly in recent years, and with that growth comes an elevated risk of serious worker injuries. New York State consistently ranks among the most active construction markets in the country, and falls, equipment failures, and struck-by incidents send thousands of workers to emergency rooms each year. Many never fully return to the jobs they held before their injury. The physical demands of construction work, compressed project timelines, and the coordination of multiple trades on a single site create conditions where even experienced workers face genuine danger every shift.
Construction sites in Buffalo involve work at every level, from below-grade excavation to multi-story structural builds, and the accidents that occur reflect that complexity. The following are the most common categories our team handles:
If you were hurt in any of these ways on a Buffalo job site, a Buffalo construction accident lawyer from our team can help build your case and fight for the compensation you deserve.
O’Brien & Ford understands that any injury sustained in a construction accident can be debilitating. That’s why we’re ready to be your fiercest advocate and help you pursue the money you need to recover and move forward with your life.
Contact our Buffalo construction accident attorneys if you’ve suffered any of the following injuries:
Don’t hesitate to call our Buffalo law office for help right away. Members of our team are always available to help – 24/7/365.
New York law requires all construction employers in the state to carry workers’ compensation insurance. Workers’ compensation covers costs related to medical treatment, lost wages, disability, and rehabilitation when an employee is injured in a job-related accident.
You’ll qualify for workers’ compensation as long as your injury is related to your normal job activities and you are classified as an employee rather than a contractor.
Keep in mind that workers’ compensation benefits will only cover a fraction of your costs and losses. It may be important to explore other ways to recover money for your construction accident injuries.
New York law requires all construction employers to carry workers’ compensation insurance, which covers medical treatment, lost wages, disability, and rehabilitation costs when an employee is hurt on the job. You qualify as long as your injury relates to your normal job duties and you are classified as an employee rather than an independent contractor.
The critical distinction is what workers’ compensation does not cover. Benefits address only a portion of your actual losses, and accepting them generally means surrendering the right to sue your employer directly. A civil construction accident claim, filed against a negligent third party or an employer who violated New York labor law, opens the door to a far broader range of damages, including pain and suffering, full lost earning capacity, and compensation for the lasting effects of a serious injury. Understanding which path applies to your situation is one of the first conversations our Buffalo construction accident lawyers have with every injured construction worker who contacts us.
New York provides construction workers with some of the strongest statutory protections in the country. Three provisions of the New York Labor Law are particularly significant for injured workers in Buffalo and throughout Erie County, and together they form a powerful legal framework for holding negligent parties accountable.
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. A claim under this section applies when a dangerous site condition or a failure to supervise work methods caused the injury. To succeed, the injured worker must show that the owner or contractor knew, or should have known, about the hazardous condition. Because § 200 is the broadest of the three provisions, it also requires the most factual development, making thorough investigation essential from the start.
New York Labor Law § 240(1), commonly known as the Scaffold Law, imposes absolute liability on property owners and general contractors for gravity-related injuries on a construction site. When a worker falls from a scaffold, ladder, roof, or elevated platform due to inadequate safety equipment, the owner and contractor are liable regardless of the worker’s own conduct. This is one of the most powerful protections available to construction workers in New York, and it has produced significant verdicts and settlements for injured workers across Western New York.
New York Labor Law § 241(6) extends liability to property owners and contractors when a specific provision of the New York Industrial Code has been violated and that violation caused the worker’s injury. Unlike the broad duty under § 200, a § 241(6) claim is anchored to a concrete regulatory failure, such as inadequate lighting, improper floor openings, or the use of unsafe equipment. Identifying the applicable code provision is fact-intensive work that benefits from legal counsel with direct experience in construction accident litigation.
Liability in a Buffalo construction accident rarely rests with a single party. Depending on how the accident occurred and what duties each party held, responsibility may extend to:
Identifying every responsible party from the outset is essential, because missing one can leave significant compensation on the table.
Accepting workers’ compensation benefits generally means surrendering the right to sue your employer directly. The right to pursue a civil claim against negligent third parties, however, remains fully intact. A third-party lawsuit can target a general contractor who failed to enforce site safety, a property owner who maintained a dangerous condition, a subcontractor whose crew created a hazard, or a manufacturer whose defective equipment failed in the field. These claims unlock forms of recovery that workers’ compensation does not cover.
You’ll generally forfeit the right to sue your employer if you qualify for workers’ compensation benefits. However, you may still have the right to sue your employer if they violated New York labor law or take legal action against a liable third party.
A third-party lawsuit could be filed against a negligent contractor, engineer, architect, co-worker, property owner, or the manufacturer of defective work equipment.
If you file a lawsuit, you’ll have the opportunity to seek compensatory damages – including both economic and non-economic awards – for:
Punitive damages can also be awarded if your civil construction accident lawsuit goes to trial. An Erie County jury can award punitive damages to punish the defendant if there’s clear evidence of misconduct or gross negligence.
Since workers’ compensation is a no-fault system, New York’s pure comparative negligence statute won’t affect your ability to recover benefits.
However, contributory negligence will be a factor if you file a civil construction accident lawsuit.
Under New York state law, damages are reduced proportionately to fault. The more responsibility you share for causing a construction accident, the less money you’ll be able to recover through a legal claim for damages.
If you’re assigned 30 percent fault for a construction accident in Buffalo, your settlement or jury award will be reduced by 30 percent.
Our construction accident lawyers in Buffalo will help you deal with any claims of shared fault and work to protect your right to get the full value of your personal injury case.
You’ll have a limited time to take action if you want to recover compensation for injuries suffered in a Buffalo, NY, construction accident.
Claims for workers’ compensation benefits have to be filed within two years of your construction accident. You must also notify your employer within 30 days of the injury.
Civil construction accident lawsuits are subject to a three-year statute of limitations in New York. This gives you three years from the date you were injured on a Buffalo construction site to pursue compensation.
If you’ve lost a close family member in a fatal Buffalo construction accident, you will have two years to file a wrongful death lawsuit.
Your claim has to be filed before time runs out. The right to demand compensation or benefits is lost once the statute of limitations expires.
Note that there are exceptions to these time limits for some cases. Make the days and weeks following your construction accident less stressful by calling our experienced construction accident lawyers in Buffalo for help.
As a construction worker in Buffalo, New York, it is important to know that you have rights. If you get hurt on a job site, you can pursue compensation through workers’ compensation or from a liable third party. Do not hesitate to call O’Brien & Ford at (716) 222-2222 to explore your legal options and get the compensation you need and deserve.
Our Buffalo construction accident lawyers have more than 84 years of combined experience. Client-focused strategies have helped us win tens of millions of dollars in benefits, settlements, and jury awards. Let us help you take on your employer, an insurance company, and anyone else who attempts to stand between you and a meaningful payout.
O’Brien & Ford PC
4549 Main St Suite 201 Buffalo, NY 14226
Phone: (716) 222-2222
Opening Hours: From 7:00 am to 7:00 pm
7 days a week
If you’ve been hurt in a construction accident in New York, you have up to three years from the date of the accident to file a personal injury lawsuit. But be warned, the deadline could be much shorter if your claim involves workers’ compensation or a government entity. Time is critical. Delaying your case could cost you the compensation you deserve. Reach out to our Buffalo construction accident attorneys immediately to ensure every deadline is met and your rights are fully protected.
Yes, in New York, you can still pursue compensation even if you were partially to blame. Thanks to the state’s comparative negligence law, your compensation may be reduced based on your share of fault, but you won’t be disqualified from seeking damages. Our Buffalo construction accident lawyers are here to make sure your side of the story is heard, and to fight for the maximum compensation you’re entitled to.
No, New York law prohibits employers from retaliating against workers for filing a workers’ compensation claim. Terminating, demoting, or penalizing an employee for asserting their rights is unlawful under New York Workers’ Compensation Law. Fear of losing your job should never prevent you from pursuing the compensation you are entitled to. A Buffalo construction accident lawyer can advise you on the legal remedies available.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Chris O’Brien, who has more than 33 years of legal experience as a personal injury attorney.
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