A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Construction Site Injuries Lawyer in Fordham

Fordham Construction Claims

Comprehensive Guide to Construction Site Injury Claims

Construction sites in Fordham and across Bronx County present daily hazards for workers and passersby alike. When a fall, equipment incident, scaffolding collapse or other site accident causes injury, understanding your legal rights and potential paths to recovery is essential. The Ahearne Law Firm PLLC focuses on helping injured people pursue fair compensation, including medical costs, lost income and pain and suffering. We understand the local courts and insurance practices in New York and can help you evaluate liability, secure necessary documentation, and navigate the claims process while you concentrate on recovery and medical care.

After a construction injury, immediate steps in the hours and days following the accident can have a major effect on a claim. Seeking prompt medical attention is the top priority, but documenting the scene, collecting witness information, and preserving photographs and records are also important. The firm can advise on what records to gather without interfering with any ongoing investigations. From initial intake through negotiation or trial, the goal is to pursue a complete recovery for damages related to the accident, including rehabilitation costs and any long-term impacts on earning capacity and daily life.

Why a Strong Claim Matters After a Construction Accident

A well-constructed claim after a construction site injury can mean the difference between partial recovery and full financial protection. Establishing liability often requires a careful review of site practices, contractor responsibilities, safety inspections and equipment maintenance records. Effective advocacy seeks to hold the responsible parties accountable and to secure compensation for medical treatment, lost wages and long-term care when needed. Beyond financial recovery, a thorough legal approach can help ensure that unsafe conditions are addressed to reduce the risk of future incidents for other workers and members of the public.

About Ahearne Law Firm PLLC and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients across the Hudson Valley and New York, handling construction site injury matters in Bronx County and surrounding areas. Allan J. Ahearne, Jr. leads the firm’s personal injury practice, representing people injured on worksites and public properties. The firm focuses on careful case preparation, thorough evidence gathering and clear communication with clients about options and likely outcomes. From initial case assessment through negotiations or court proceedings, the firm aims to secure honest and fair results while helping clients understand their rights and make informed decisions about their claims.

What Construction Site Injury Claims Involve

Construction site injury claims often involve multiple parties, including property owners, general contractors, subcontractors and equipment suppliers. Determining who is legally responsible requires reviewing contracts, safety plans, inspection reports and witness statements, as well as any site surveillance or incident reports. Claims may be pursued through workers’ compensation, third-party liability actions or both, depending on the circumstances of the injury and the identity of responsible parties. A careful factual and legal analysis helps identify the best path for recovery and the types of damages that can be pursued on behalf of the injured person.

Some construction injuries occur because of defective tools or machinery, inadequate fall protection, scaffold failures, or unsafe site practices. Other cases hinge on property conditions, traffic controls around a site, or the acts of independent contractors. Each scenario requires collecting evidence quickly, preserving physical items when possible, and securing medical records that document the nature and extent of injuries. Timely action enhances the ability to reconstruct events, assess liability and present a convincing case for compensation for both immediate and long-term losses tied to the injury.

Need More Information?

Key Terms and Glossary for Construction Claims

Third-Party Liability

Third-party liability refers to a legal claim against someone other than the injured worker’s employer when their negligence contributed to the injury. In construction settings, this can include subcontractors, equipment manufacturers, property owners or nearby motorists. Pursuing a third-party claim may allow recovery beyond workers’ compensation benefits, including compensation for pain and suffering and full wage losses. Establishing third-party liability typically requires demonstrating negligence through evidence such as safety records, witness testimony and documentation of how the third party’s actions or omissions caused the accident.

Comparative Negligence

Comparative negligence is a rule used to allocate fault when multiple parties share responsibility for an accident. Under New York law, an injured person can recover damages reduced by the percentage of their own fault. For example, if a worker is partly responsible and found 20 percent at fault, the total recovery would be reduced accordingly. Understanding how comparative negligence may apply is important for case evaluation and settlement discussions, and it often depends on available evidence showing the actions of all parties involved.

Workers' Compensation

Workers’ compensation is a no-fault insurance system that provides medical benefits and wage replacement to employees injured on the job. It typically covers medical treatment, a portion of lost wages and disability benefits without the need to prove employer negligence. However, workers’ compensation benefits may not fully cover non-economic losses like pain and suffering, which can sometimes be pursued in a separate claim against a third party whose negligence caused the injury. Navigating the interaction between workers’ compensation and third-party claims requires careful coordination.

Loss of Earning Capacity

Loss of earning capacity refers to a reduction in the injured person’s ability to earn income in the future because of lasting effects from the injury. It is distinct from past lost wages and requires evidence such as vocational assessments, medical testimony, and documentation of pre-injury earnings and job prospects. Compensation for this loss aims to cover the difference between the worker’s likely future earnings before the injury and their diminished earning potential thereafter, taking into account age, training and the nature of the injury.

PRO TIPS

Preserve Evidence Immediately

After a construction accident, do not delay in collecting and preserving evidence that can support a claim. Photographs of the scene, contact information for witnesses and copies of incident reports are invaluable. Maintaining clear records of medical care and any communications with employers or insurers will help protect your position moving forward.

Seek Prompt Medical Care

Obtaining timely medical treatment serves both health and legal purposes by documenting the nature and extent of injuries. Keep detailed records of all visits, treatments and prescribed therapies to build a complete medical history related to the accident. Accurate and continuous medical documentation supports recovery claims and helps explain long-term treatment needs.

Report the Incident Properly

Make sure the workplace injury is reported according to employer and site procedures, and request a written incident report. Notify appropriate safety officers and keep copies of any reports you file or receive. Proper reporting helps ensure that medical benefits are processed and that important evidence is preserved for any subsequent legal action.

Comparing Legal Paths After a Construction Injury

When a Full Legal Response Is Advisable:

Complex Liability Issues

When multiple contractors, property owners or equipment manufacturers may share responsibility, a thorough legal response is needed to sort out liability. Complex cases often require subpoenas, expert opinions and detailed discovery to trace the chain of responsibility. Pursuing full compensation can involve coordinating multiple claims and addressing competing insurance positions to reach a fair resolution.

Significant or Long-Term Injuries

If injuries are severe or likely to cause ongoing medical needs and impaired earning capacity, comprehensive representation helps ensure future losses are accounted for. These cases typically require detailed medical documentation, vocational analysis and careful valuation of long-term costs. A robust approach aims to secure compensation that addresses both immediate needs and foreseeable future consequences.

When a Narrower Response May Be Appropriate:

Minor Injuries and Clear Liability

When injuries are minor, treatment is straightforward and liability is clearly the fault of a single party, a focused approach can resolve claims more quickly. In these situations, direct negotiation with insurers and careful documentation of expenses often leads to timely compensation. A limited response can reduce costs and speed resolution while still protecting your immediate needs.

Worker Compensation Adequately Covers Losses

If workers’ compensation benefits cover medical bills and wage loss in full and no third party is clearly liable, pursuing additional claims may not be necessary. In such circumstances, confirming that business records and benefits are applied correctly may be the main priority. The decision to pursue further action should be based on how completely the benefits address both current and anticipated future needs.

Typical Situations That Lead to Construction Injury Claims

Falls from Heights

Falls from ladders, scaffolds or roofs often cause serious injuries and require prompt documentation of the site and safety measures in place. Establishing whether fall protection was provided and properly maintained is a key part of these cases.

Struck by Equipment or Materials

Incidents where workers are struck by moving equipment, falling materials or swing loads can produce catastrophic harm and require collection of equipment logs and operator records. Photographs and witness statements are critical to show how the incident occurred.

Electrocution and Burns

Contact with exposed wiring or hot surfaces can cause severe and lasting injuries, necessitating immediate medical and investigative steps. Identifying site safety protocols and adherence to electrical safeguards is essential to establish fault.

Construction Injury Representation in Fordham, Bronx County

Why Choose Ahearne Law Firm for Construction Claims

Ahearne Law Firm PLLC brings local knowledge of Fordham and Bronx County practice, helping clients navigate both administrative and civil options after construction injuries. The firm assists with claim filing, records gathering and negotiation with insurers while keeping injured people informed about the likely timelines and possible outcomes. Having a dedicated legal advocate can reduce the stress of dealing with insurance companies and coordinate the documentation needed to support a full recovery for medical and financial losses.

From the initial consultation through settlement discussions or court proceedings, the firm aims to provide clear guidance on available options and to pursue results that reflect the actual costs and impacts of an injury. The firm’s approach emphasizes thorough preparation, prompt action to preserve evidence and practical communication about case strategy. Clients benefit from personalized attention to their situation and a consistent focus on achieving fair compensation while they focus on healing and rehabilitation.

Contact Us to Discuss Your Construction Injury Claim

People Also Search For

Fordham construction injury lawyer

Bronx construction accident attorney

construction site injury claim Fordham

scaffold fall lawyer Bronx

workplace injury Fordham NY

third party construction claim Bronx County

construction equipment accident Fordham

Ahearne Law Firm construction injuries

FAQS

What should I do immediately after a construction site injury in Fordham?

Seek medical attention immediately and make sure the injury is documented by a medical professional, even if you think the injury is minor. Prompt treatment ensures your health is prioritized and creates medical records that link the injury to the incident, which is essential for any claim. If possible, secure the scene with photographs, collect contact details of witnesses and request a written incident report from the site supervisor or safety officer. Preserving evidence and reporting the injury properly are vital early steps that support any later claim. Keep careful records of all medical visits, treatments and related expenses, and retain copies of incident reports and correspondence with employers or insurers. Contacting a firm familiar with local construction claim practices can help you understand additional documentation to gather and the timing required to protect your legal rights.

Can I pursue compensation if I was injured while working for a subcontractor?

Yes, being employed by a subcontractor does not prevent you from pursuing compensation from responsible third parties in many cases. While workers’ compensation typically covers immediate medical care and partial wage replacement from your employer’s insurance, third-party claims can target other negligent entities such as general contractors, property owners or equipment manufacturers when their actions contributed to the accident. Identifying those parties often involves reviewing contracts, site supervision records and safety protocols. It is important to coordinate a workers’ compensation claim with any third-party action so that benefits and potential recoveries are handled properly. Gathering evidence early, including witness statements and site documentation, strengthens the ability to demonstrate third-party fault while ensuring that workers’ compensation benefits are obtained without delay. A focused legal approach will consider both paths to secure appropriate recovery for medical and economic losses.

How does workers' compensation interact with a third-party claim?

Workers’ compensation provides a no-fault remedy for employees injured on the job and generally covers medical treatment and a portion of lost wages without proving employer negligence. However, workers’ compensation does not typically provide recovery for non-economic losses such as pain and suffering. If a third party’s negligence caused the injury, a separate civil claim against that third party may be pursued in addition to workers’ compensation benefits, potentially allowing recovery for broader categories of damages. Coordination between workers’ compensation and a third-party claim is important to avoid conflicts and to ensure proper allocation of recoveries. Any settlement involving a third-party claim may need to account for liens or reimbursement obligations tied to workers’ compensation benefits. Careful planning and documentation help protect both immediate benefits and the potential for additional compensation from responsible non-employer parties.

What types of damages can I recover after a construction accident?

Damages in a construction accident claim can include past and future medical expenses, lost wages and loss of earning capacity if the injury affects future employment prospects. Compensation may also cover physical pain, emotional distress and the impact on daily life and recreational activities when the injury causes significant limitations. The available recovery depends on the nature and severity of the injury, the evidence linking the harm to the accident and the applicable legal theories pursued against responsible parties. In addition to economic and non-economic losses, some cases may involve claims for rehabilitation costs, home care or modifications, and vocational retraining when the injury results in lasting disability. Proper valuation requires careful documentation of medical treatment plans, expert opinions where appropriate and evidence of career history and future earning potential to ensure that both immediate costs and long-term needs are considered in any settlement or verdict.

How long do I have to file a personal injury claim in New York for a construction accident?

In New York, the statute of limitations for most personal injury claims is generally two years from the date of the accident, which means timely action is important to preserve your right to sue. Specific deadlines can vary depending on the type of claim and whether government entities or special circumstances are involved, so it is critical to confirm the applicable time limits as soon as possible to avoid losing the ability to pursue compensation. Because deadlines can be strict and sometimes shorter for certain defendants or claims against public entities, early consultation and case assessment help ensure that necessary filings and discovery steps occur within required timeframes. Acting promptly also facilitates evidence preservation and witness recollection, both of which strengthen the prospects for a successful outcome.

Will I have to go to court to get compensation for my construction injuries?

Many construction injury claims are resolved through settlement negotiations without a full trial, but some cases do proceed to court when parties cannot agree on a fair resolution. The path depends on the strength of the evidence, the willingness of insurers to offer appropriate compensation and the complexity of liability issues. Preparing a case thoroughly improves the chances of a favorable settlement, but readiness for litigation is important when negotiations stall. Even when a case settles before trial, formal settlement agreements are typically drafted to document the terms and any obligations, such as reimbursement of benefits or release of claims. If a lawsuit is necessary, the court process provides formal mechanisms for discovery, depositions and evidence exchange to develop a record that supports the injured person’s claim for damages.

What evidence is most important for a construction site injury claim?

Key evidence for construction site claims includes photographs of the scene, equipment and hazards, witness statements, incident and safety reports, maintenance logs and any available surveillance footage. Medical records that document the nature and progression of injuries are equally important to show causation and the extent of harm. Together, these materials help establish how the accident happened and who may be responsible. Timely preservation of physical evidence and prompt collection of witness contact information enhance the ability to reconstruct events. Additional documentation such as training records, inspection reports and contractor contracts can shed light on safety responsibilities and compliance with regulations. A comprehensive evidentiary approach supports valuation of both immediate and long-term damages.

Can I still recover if I was partially at fault for the accident?

New York applies comparative negligence rules, which means an injured person can still recover damages even if they share some degree of fault, but the recovery is reduced by the percentage of their responsibility. Determining the allocation of fault depends on the available evidence, including eyewitness accounts, photographs and documentation of safety measures. Even partial fault does not necessarily preclude meaningful recovery if the injured party’s share of responsibility is limited. Addressing comparative negligence requires careful factual development to minimize the portion of fault attributed to the injured person. Evidence showing unsafe conditions, lack of training or failures by other parties can shift liability and preserve a larger recovery. Effective presentation of facts and supporting materials is essential to achieving a fair apportionment of responsibility and compensation.

What role does the employer play in a construction injury claim?

An employer plays several roles in a construction injury claim, from providing initial workers’ compensation coverage to cooperating in incident reporting and preserving employment records. Employers are responsible for maintaining a safe workplace under applicable regulations, and failures in safety protocols or equipment maintenance can expose them to liability in some circumstances. Workers’ compensation benefits typically address immediate medical needs regardless of fault, while employer conduct may factor into additional claims against third parties. When employer negligence contributes to an injury, liability issues can become more complex, especially when multiple contractors are involved. Examining employer training records, safety inspections and supervisory practices helps determine whether employer actions or omissions contributed to the incident. Coordination between benefit claims and any civil action against responsible parties is necessary to protect the injured person’s overall recovery rights.

How can the Ahearne Law Firm help after a construction site injury?

Ahearne Law Firm PLLC can help by assessing the facts of the accident, advising on immediate steps to protect legal rights and assisting with evidence collection and claim filing. The firm communicates with insurers, gathers necessary documentation and helps determine whether a workers’ compensation claim, a third-party action or both are appropriate. Clear communication about case strategy and expected timelines helps clients make informed decisions while they focus on recovery. The firm also works to preserve crucial evidence, interview witnesses and coordinate medical documentation needed to substantiate damages. By pursuing fair compensation for medical costs, lost wages and other losses, the firm aims to help injured people secure resources for treatment and rehabilitation while maintaining open, responsive communication throughout the process.

Personal Injury Services in Fordham

Explore our injury practice areas

⚖️ All Personal Injury Services