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 Injury Lawyer in Cortland, NY

Protecting Injured Workers

Your Guide to Construction Site Injury Claims

If you or a loved one was hurt on a construction site in Cortland, New York, Ahearne Law Firm PLLC is here to help explain your options and guide you through the process. Allan J. Ahearne, Jr. and the firm serve clients throughout the Hudson Valley and surrounding counties, offering clear, practical advice about injury claims, timelines, and possible recovery for medical costs and lost wages. Call (845) 986-2777 to discuss what happened, arrange a consultation, and learn how local knowledge of New York construction claims can affect your path forward.

Construction site injuries range from falls and equipment accidents to electrocutions and crushing injuries, and each circumstance requires careful review of available legal avenues. We will help you understand how workers’ compensation interacts with possible claims against other parties, what evidence to preserve, and the importance of timely actions to protect your rights. Our goal is to provide straightforward information about next steps, documentation, and decisions so you can focus on recovery while we assist with the legal details and communications with insurers and potential defendants.

Why Prompt Action and Clear Advocacy Matter

Taking prompt, informed steps after a construction injury can preserve evidence, protect deadlines, and improve a client’s chance of recovering compensation for medical care, lost income, and other harms. An early review helps identify whether a claim should proceed through workers’ compensation, a third-party lawsuit, or both, and clarifies responsibilities among contractors, property owners, and equipment manufacturers. Clear advocacy during communications with insurers and opposing counsel can reduce the risk of undervalued settlements and ensure medical records and witness statements are gathered and organized to support the claim.

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

Ahearne Law Firm PLLC represents injured people across the Hudson Valley and New York, including clients in Cortland County. Allan J. Ahearne, Jr. brings years of experience handling personal injury and construction site matters, helping clients navigate insurance processes and claim options. The firm emphasizes clear communication, timely investigation, and practical steps to protect client interests. If you need assistance understanding deadlines, determining potential defendants, or pursuing compensation for medical bills and lost wages, call (845) 986-2777 to learn about how the firm can assist with your claim.

Understanding Construction Site Injury Claims

Construction site injury claims can arise from many causes, including falls from heights, scaffolding collapses, equipment malfunctions, struck-by incidents, electrocutions, and trench collapses. Different types of claims may involve employers, subcontractors, property owners, equipment manufacturers, or maintenance contractors. In New York, certain statutes and regulations create specific duties for property owners and contractors that may affect liability, and understanding which legal avenue applies in your situation is essential to preserving rights and determining potential compensation for medical care, wage loss, and other damages.

Two common pathways after a construction injury are workers’ compensation benefits and third-party claims. Workers’ compensation generally provides no-fault benefits for medical care and a portion of lost wages, while third-party claims seek compensation from parties other than the employer for negligence or statutory violations. Determining when both approaches are available, how they interact, and which evidence supports each claim requires careful review of accident reports, witness statements, and safety records. Timely preservation of documents and photographs can be critical to building a strong case.

Need More Information?

Key Terms and Glossary

Workers' Compensation

Workers’ compensation is a state-administered system that provides medical benefits and partial wage replacement to employees injured on the job regardless of fault. In New York, injured workers typically file claims with the workers’ compensation board to cover treatment, rehabilitation, and part of lost earnings during recovery. While workers’ compensation offers important protections, it may not fully cover long-term damages such as pain and suffering, which is why injured individuals sometimes pursue additional claims against third parties whose negligence contributed to the injury. Understanding filing deadlines and benefit procedures is important for a timely claim.

Third-Party Claim

A third-party claim is a lawsuit against an entity other than the injured worker’s employer, seeking compensation for negligence or statutory violations that caused the injury. Examples include claims against subcontractors, property owners, architects, or equipment manufacturers whose actions or defects contributed to the accident. Third-party claims can pursue damages beyond workers’ compensation, such as compensation for pain and suffering, full lost earnings, and future medical needs. Bringing such a claim requires collecting evidence, identifying responsible parties, and meeting applicable filing deadlines in New York courts.

Negligence

Negligence refers to a failure to exercise reasonable care that results in harm to another person. In the construction context, negligence can include unsafe work practices, inadequate supervision, improper equipment maintenance, or failure to provide proper safety devices. To succeed on a negligence claim, a plaintiff must show that a duty existed, that the duty was breached, and that the breach caused the injury and resulting damages. Documentation such as safety logs, maintenance records, and eyewitness accounts can be essential to proving negligence and linking conduct to the injury.

Labor Law 240 (Scaffold Law)

Labor Law 240, commonly known as the Scaffold Law, imposes strict responsibilities on owners and contractors for providing proper safety devices to protect workers on elevated work sites in New York. When an employee is injured due to absent or inadequate fall protection, the law can create liability without regard to the worker’s own actions. Claims under this statute often require a careful factual inquiry into the equipment and safeguards provided at the time of the accident, including whether proper scaffolding, guardrails, or safety lines were available and used by the workforce.

PRO TIPS

Preserve Evidence Immediately

After a construction accident, preserve physical evidence, photographs, and witness contact information as soon as possible because conditions at the scene can change quickly. Document injuries and property damage with dated photos and keep copies of medical records, accident reports, and any correspondence from insurers or employers. Early preservation helps ensure that critical details remain available for investigation and support later claims.

Seek Medical Care and Document Treatment

Obtain prompt medical attention, follow prescribed care plans, and retain all medical records and billing statements related to the injury to document the extent of harm and treatment needs. Even if symptoms appear minor initially, ongoing documentation helps show how injuries evolve and the need for ongoing care or accommodations. Accurate medical records are often a key component in demonstrating damages in both workers’ compensation and third-party claims.

Limit Recorded Statements

Be cautious about providing recorded statements to insurance companies or signing documents without review; such statements can be used to challenge the claim later. It is reasonable to provide basic facts about the incident while reserving detailed or recorded accounts until you have legal guidance. Consulting with a legal representative before extensive discussions with insurers can protect your rights and help preserve claim value.

Comparing Legal Options After a Construction Injury

Why Full Representation Helps:

Serious or Long-Term Injuries

When injuries are severe, involve long-term care, or produce significant lost income, pursuing both workers’ compensation benefits and third-party claims can be necessary to address full financial and non-economic losses. A comprehensive approach coordinates medical documentation, economic analysis, and negotiations with multiple insurers or defendants to seek full recovery. Ensuring that future care needs are considered and that settlement offers reflect long-term impacts requires careful planning and review of options.

Multiple Potential Defendants

If multiple parties may share responsibility—such as contractors, subcontractors, property owners, or equipment manufacturers—a full review and coordinated legal response can identify viable claims against each party. Handling multiple claims prevents potentially conflicting strategies and focuses on securing compensation from all responsible sources. Coordinated actions also help prevent missed deadlines and ensure evidence collection supports all relevant claims.

When a Limited Approach May Be Enough:

Minor Injuries with Quick Recovery

When injuries are minor, expected recovery is swift, and medical bills are fully covered by workers’ compensation, pursuing additional litigation may not be necessary or cost-effective. A focused approach that secures prompt workers’ compensation benefits and return to work may be the most practical path in those circumstances. Still, evaluating whether any third-party liability exists is important to avoid overlooking potential recovery opportunities.

Clear Workers' Compensation Coverage Only

If the incident clearly falls within workers’ compensation coverage and no third party appears to have contributed, a limited strategy focusing on benefits administration and vocational rehabilitation may suffice. This approach concentrates on securing timely medical care and wage replacement through the workers’ compensation system. Even when following a limited path, keeping documentation organized and monitoring the claim process remains important to protect entitlements.

Common Circumstances for Construction Site Injuries

Falls from Height

Falls from scaffolds, ladders, roofs, and elevated platforms are among the most frequent and serious construction injuries, often leading to fractures, head trauma, and long-term disability when fall protection is missing or inadequate. Investigating the availability and condition of guardrails, harnesses, and scaffolding components is essential to determine whether duties were met and if additional recovery beyond workers’ compensation may be appropriate.

Equipment and Machinery Accidents

Crushed limbs, amputations, and severe blunt force injuries can occur when heavy machinery, cranes, or construction vehicles malfunction or are operated unsafely, and such incidents may implicate contractors, operators, or equipment manufacturers. Careful review of maintenance records, operator qualifications, and safety protocols helps identify potential responsible parties and supports claims seeking compensation for medical and economic losses.

Struck-By and Caught-In Incidents

Workers struck by falling objects, vehicles, or materials, as well as those caught in collapsing trenches or between machinery, face significant injury and recovery needs that can exceed what workers’ compensation covers alone. Identifying whether protective measures, barricades, or adequate supervision were in place can inform possible third-party claims and support efforts to recover for pain, suffering, and long-term consequences.

Cortland Construction Injury Lawyer

Why Hire Ahearne Law Firm for Construction Site Injuries

Ahearne Law Firm PLLC provides dedicated attention to individuals injured on construction sites in Cortland and throughout the Hudson Valley. The firm assists with gathering evidence, communicating with insurers, and understanding how New York-specific rules may affect your claim, including workers’ compensation and potential third-party suits. Allan J. Ahearne, Jr. and the team focus on timely investigation and practical steps to protect deadlines and preserve critical documentation while keeping clients informed about options and likely next steps in the process.

From the initial consultation through settlement discussions or litigation, the firm emphasizes organized case preparation and clear communication with medical providers and other parties involved in the claim. Clients can expect straightforward explanations of potential outcomes, assistance in documenting medical needs and lost income, and careful attention to deadlines that affect both administrative workers’ compensation claims and civil lawsuits. For immediate assistance and to schedule a consultation, call (845) 986-2777.

Contact Us for a Free Case Review

People Also Search For

construction site injury lawyer Cortland

Cortland construction injury attorney

construction accident lawyer New York

Labor Law 240 Cortland

workers compensation construction Cortland

scaffold law claim Cortland NY

construction equipment accident attorney

Ahearne Law Firm construction injuries

FAQS

What should I do immediately after a construction site injury?

First, seek immediate medical care and follow all treatment recommendations to protect your health and create an official record of your injuries. Next, preserve evidence by taking photographs of the scene and your injuries, obtaining contact information for witnesses, and keeping copies of any incident reports or employer communications. Timely documentation is essential for supporting workers’ compensation benefits and any potential third-party claims, and it helps ensure that medical needs are accurately recorded for future evaluation. Once immediate needs are addressed, report the injury to your employer in accordance with company policy and New York reporting rules to start the workers’ compensation process. Be cautious about giving recorded statements to insurance adjusters without reviewing your options, and keep copies of all medical bills and correspondence. If you have questions about potential third-party claims, or need assistance preserving evidence and meeting deadlines, contact a legal representative for guidance on next steps and what documentation will be most important for your claim.

How does workers' compensation work for construction injuries in New York?

Workers’ compensation in New York provides no-fault benefits for employees injured on the job, covering reasonable medical treatment and partial wage replacement while recovering. To access benefits, you typically must report the injury to your employer within a specified timeframe and file a claim with the New York State Workers’ Compensation Board if necessary; keeping detailed records of treatment and work restrictions helps support your claim and any continuation of benefits. Workers’ compensation often addresses immediate medical needs and wage loss but does not cover non-economic damages like pain and suffering. For that reason, injured workers sometimes pursue additional claims against third parties responsible for the accident. Understanding how workers’ compensation interacts with potential third-party recovery is important for claiming full compensation, and a timely review of the facts can reveal whether pursuing both avenues is appropriate.

Can I file a third-party claim in addition to workers' compensation?

Yes, in many cases an injured worker can pursue a third-party claim in addition to workers’ compensation when someone other than the employer contributed to the accident. Third-party defendants may include subcontractors, property owners, equipment manufacturers, or other entities whose negligence or defective products caused or contributed to the injury. Such claims can seek damages beyond what workers’ compensation provides, including pain and suffering and full wage loss. To pursue a third-party claim, documentation and timely investigation are important to identify responsible parties and collect supporting evidence. Third-party litigation follows civil procedures and may involve different deadlines and standards than the workers’ compensation process, so coordinating both claim types early helps prevent missed opportunities and ensures a cohesive approach to recovery from all potential sources.

What is the Scaffold Law (Labor Law 240) and does it apply to my case?

Labor Law 240, commonly referred to as the Scaffold Law, places strict duties on owners and contractors to provide adequate fall protection and safety devices for workers performing tasks at elevated heights in New York. If an injury results from inadequate scaffolding, guardrails, or fall protection, the law can create liability for those responsible for providing such safety measures, even if the worker was partly at fault. Claims under this statute often require careful factual development of the conditions at the time of the accident. Determining whether Labor Law 240 applies depends on the work being performed, the height or elevation involved, and whether protective measures were available and used. Because this statutory provision can change the legal landscape of a case, early investigation into site conditions, safety equipment, and project responsibilities is important to determine whether a claim under the Scaffold Law is appropriate.

How long do I have to file a lawsuit after a construction injury?

The time to file a lawsuit after a construction injury depends on the type of claim and applicable statutes of limitations in New York. For many personal injury claims, the general statute of limitations requires filing within a certain number of years from the date of the injury, while claims against municipalities or government entities often have shorter notice and filing requirements. Missing a deadline can bar recovery, so understanding the applicable time limits early on is crucial. Workers’ compensation claims also have their own filing deadlines and benefit timelines that must be observed. Given the variety of potential claims arising from a construction accident, prompt consultation and investigation can ensure that all applicable deadlines are identified and met, preserving the maximum recovery options available under the law.

Will my medical bills be covered while my claim is pending?

Medical bills for work-related injuries are typically covered initially through workers’ compensation benefits, which are intended to provide treatment and a portion of lost wages while you recover. It is important to follow the reporting and filing requirements to ensure benefits are authorized, and to use approved providers or procedures in accordance with the workers’ compensation system. Keeping records of all medical visits, prescriptions, and related expenses helps document the scope of treatment. If a third-party claim is later successful, settlement or judgment proceeds can address medical costs that exceed workers’ compensation limits, future care needs, and non-economic damages. Coordinating between medical providers, insurers, and legal counsel helps make sure bills are paid and future needs are documented while a claim is pending, reducing financial strain during recovery.

How are settlement amounts for construction injuries determined?

Settlement amounts in construction injury cases consider multiple factors, including the severity and permanence of the injury, medical expenses to date and anticipated future care, lost wages and diminished earning capacity, and the impact on daily activities and quality of life. Evidence such as medical records, expert medical opinions, wage records, and testimony about life changes all contribute to estimating a fair recovery. Liability and comparative fault also influence the amount that is reasonably recoverable in a settlement. Negotiations balance the strength of the evidence, the costs and risks of trial, and the willingness of defendants or insurers to resolve the case. Documenting the full scope of damages and presenting clear records of medical treatment, lost income, and future care needs supports reasonable settlement discussions. Consistent communication with medical providers and careful review of settlement offers helps ensure the resolution addresses both present and future needs related to the injury.

Do I need to go to court for a construction injury claim?

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 liability or appropriate compensation. Whether a case goes to trial depends on the facts, the willingness of defendants to settle, and how clear the evidence is regarding responsibility and damages. Early preparation for litigation can strengthen negotiation positions and ensure readiness if trial becomes necessary. Choosing whether to accept a settlement or proceed to court is a decision that should weigh the strength of your case, potential recovery, and the time and expense of litigation. A careful assessment of the evidence, potential risks, and likely outcomes helps inform that decision, and timely preparation helps preserve options should a trial be needed to pursue full compensation.

How much does it cost to get help with a construction injury claim?

Many law offices that handle construction injury claims work on a contingency basis, meaning they are paid only if compensation is recovered through settlement or a judgment, which helps clients pursue claims without upfront legal fees. Contingency arrangements typically involve an agreed percentage of the recovery to cover legal services and any case-related costs advanced during the matter. Asking about fee structure, what expenses may be advanced, and how settlement funds are allocated provides clarity before proceeding. Understanding the fee agreement, including costs and how medical liens or reimbursement obligations are handled, is important for evaluating potential net recovery. Clear communication about fees and expected case milestones helps clients make informed choices about pursuing a claim and avoid unexpected obligations at the conclusion of a matter.

How do I schedule a consultation with Ahearne Law Firm?

To schedule a consultation with Ahearne Law Firm PLLC, call (845) 986-2777 to speak with a team member who can arrange a time to review your situation and recommend next steps. During the initial consultation, you can provide basic details about the accident, injuries, and any medical treatment you have received, and the firm can explain potential options and likely timelines for claims in Cortland and New York. If available, bring any accident reports, photographs, and medical records to help the initial review. The consultation will focus on clarifying available choices, identifying immediate actions to protect your claim, and answering questions about how workers’ compensation and any third-party claims might apply. If you decide to move forward, the firm can outline the steps they will take to investigate your case, preserve evidence, and communicate with insurers and other parties while you focus on recovery.

Personal Injury Services in Cortland

Explore our injury practice areas

⚖️ All Personal Injury Services