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 Clarence Center

Protecting Injured Workers

Clarence Center Construction Injury Guide

If you or a loved one were hurt in a construction site accident in Clarence Center, you may face mounting medical bills, lost wages, and uncertainty about how to protect your rights. This guide explains the common causes of construction injuries, the steps to take right after an accident, and how a local law firm can help pursue a fair recovery for medical costs, lost income, and other damages. The Ahearne Law Firm PLLC represents people in Erie County and throughout New York, offering clear guidance, timely communication, and practical legal help tailored to construction injury claims.

Construction site incidents often involve complex liability issues, multiple potential defendants, and strict notice requirements under New York law. Whether the accident involved a fall from height, struck-by incident, electrocution, or equipment malfunction, understanding your rights and the applicable deadlines is essential. This page outlines what to do immediately after an injury, how claims against employers, contractors, or third parties commonly proceed, and how local counsel can gather evidence, coordinate medical documentation, and negotiate with insurers on your behalf to seek a full and fair result.

Benefits of Skilled Legal Representation

When someone is injured on a construction site, the consequences can include long-term disability, ongoing care needs, and significant financial strain. Having a knowledgeable law firm handle communications with insurers, preserve crucial evidence, and coordinate with medical providers can make the claims process less stressful and more effective. Legal representation can help identify all potential sources of recovery, including third-party contractors and equipment manufacturers, and can assist in documenting damages like lost earning capacity, rehabilitation needs, and pain and suffering. The goal is to secure compensation that reflects the full impact of the injury on the victim’s life.

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

Ahearne Law Firm PLLC is based in the Hudson Valley and serves injured workers throughout New York, including Clarence Center and Erie County. Allan J. Ahearne, Jr. represents clients in personal injury matters with a focus on clear communication and thorough preparation. The firm works to investigate accidents promptly, interview witnesses, collect site and safety records, and consult with medical providers to build a persuasive claim. Clients receive regular updates and practical legal advice tailored to the facts of their case and the demands of New York construction injury law.

Understanding Construction Site Injury Claims

Construction site injury claims involve distinct rules and multiple potential defendants, which can include property owners, general contractors, subcontractors, equipment manufacturers, and property managers. New York’s Labor Law and common-law negligence theories often interact in these cases, and determining liability requires an investigation into safety compliance, training records, and the actions of third parties on site. Timely preservation of evidence such as incident reports, photographs, and safety logs is critical, and an early, thorough review helps identify all avenues for compensation and the legal strategy most likely to secure a fair recovery.

Injured workers may have workers’ compensation benefits available, including coverage for medical treatment and partial wage replacement, but those benefits do not always cover the full measure of losses such as pain and suffering or decreased future earning capacity. Where a negligent third party contributed to the accident, a separate personal injury claim may be pursued in addition to workers’ compensation. Understanding how to coordinate these claims and when to pursue third-party recovery can significantly affect the overall outcome and help injured people obtain the broader recovery they need to move forward.

Need More Information?

Key Terms and Glossary for Construction Injuries

Workers' Compensation

Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who are injured on the job, regardless of fault. In New York, this system is typically the first source of benefits for construction workers, covering necessary medical treatment and a portion of lost income while recovering. However, workers’ compensation benefits do not usually compensate for non-economic damages such as pain and suffering, and injured workers may sometimes pursue a separate legal claim against a third party whose negligent conduct caused the injury to obtain additional compensation.

Third-Party Liability

Third-party liability refers to the legal responsibility of someone other than the employer for injuries sustained on a construction site. This can include negligent contractors, equipment manufacturers, subcontractors, or property owners whose actions or defective products contributed to the accident. Pursuing a third-party claim can allow an injured worker to recover damages that workers’ compensation does not cover, such as pain and suffering and full wage replacement, and often involves a separate lawsuit or settlement negotiation distinct from workers’ compensation proceedings.

Negligence

Negligence is a legal theory used to hold a party responsible when they fail to act with reasonable care and that failure causes injury. In construction site cases, negligence may arise from inadequate safety measures, lack of proper training, failure to maintain equipment, or unsafe site conditions. To prove negligence, a claimant generally must show that the responsible party owed a duty of care, breached that duty, and that the breach directly caused the injuries and resulting damages. Establishing these elements requires careful factual investigation and supporting documentation.

Comparative Fault

Comparative fault is a legal principle that apportions responsibility and reduces a claimant’s recovery based on their own percentage of fault in causing an accident. In New York, if an injured person is found partly responsible for the incident, a court can reduce the amount of damages awarded by that percentage. Understanding how actions at the scene, safety compliance, or failure to follow instructions might affect comparative fault determinations is important when evaluating the strength of a claim and developing a defense to arguments from insurers seeking to minimize compensation.

PRO TIPS

Preserve Evidence Immediately

After a construction accident, take steps to preserve evidence such as photographs of the scene, damaged equipment, and visible injuries. Ask witnesses for contact information and make notes about what happened while details are fresh in your memory. This early documentation can be critical when proving fault and building a persuasive claim for compensation.

Seek Prompt Medical Care

Timely medical evaluation ensures injuries are properly diagnosed and treated and creates a record linking treatment to the accident. Even if injuries seem minor initially, some conditions worsen later; having medical documentation from the start supports both recovery and any legal claim. Follow recommended treatment plans and keep copies of all medical records and bills for your case.

Report the Accident

Notify your employer and ensure the incident is recorded in the site’s accident log or report system as soon as possible. Filing the appropriate notices preserves rights to workers’ compensation benefits and demonstrates a timely concern for safety. Keep a personal copy of any reports and note the names of supervisors or managers you informed about the injury.

Comparing Legal Paths After a Construction Injury

When Comprehensive Representation Is Advisable:

Serious or Long-Term Injuries

Comprehensive legal representation is often appropriate when injuries lead to long-term care needs, significant wage loss, or permanent impairments that affect daily life and earning ability. These cases require thorough medical documentation, economic analysis, and careful negotiation to capture future damages beyond immediate bills. A focused legal approach helps coordinate medical experts, vocational assessments, and financial evaluations to pursue a full recovery that addresses both current and future needs.

Multiple Potential Defendants

When liability may rest with multiple parties such as contractors, equipment makers, or property owners, a comprehensive approach can identify all possible avenues for recovery. This requires investigating contracts, site supervision, maintenance logs, and equipment histories to determine who may share responsibility. Coordinating claims against multiple defendants can increase the likelihood of a fair settlement that covers the full scope of damages sustained.

When a Limited Legal Approach May Work:

Minor Injuries with Clear Liability

A more limited approach may be appropriate for cases involving minor injuries, quick recovery, and a clear at-fault party where damages are straightforward. In those situations, focused negotiation with an insurer and careful documentation of bills and lost wages can lead to a reasonable settlement without the need for extended litigation. The strategy depends on the client’s goals and the complexity of the underlying facts.

Workers' Compensation Only Claims

If the injury is work-related and recovery through workers’ compensation will reasonably cover medical costs and lost income, pursuing only those benefits can be an efficient route. This approach focuses on obtaining timely medical treatment and the wage replacement available under the workers’ compensation system. However, if third-party liability emerges, the strategy may shift to pursue additional recovery beyond those benefits.

Common Circumstances Leading to Construction Injuries

Falls from Heights

Falls from scaffolding, ladders, and roofs are frequent causes of severe injury on construction sites and often lead to significant medical and recovery needs. Proper fall protection and site oversight are central to preventing these incidents and to assessing liability after an accident.

Struck-By and Caught-In Incidents

Workers can be struck by falling objects, equipment, or vehicles, or become caught in machinery, creating traumatic injuries and complex fault issues. Investigating equipment maintenance, securing of materials, and site traffic controls can reveal whether negligence contributed to the accident.

Electrocutions and Burns

Contact with live electrical sources or exposure to flames and hot surfaces can cause life-altering injuries that require long-term care and rehabilitation. Reviewing safety protocols, lockout-tagout procedures, and training records can be essential to establishing responsibility for such incidents.

Clarence Center Construction Injury Representation

Why Hire Ahearne Law Firm for Construction Injuries

Ahearne Law Firm PLLC serves clients across New York, including Clarence Center and Erie County, focusing on practical legal support for people hurt on construction sites. The firm prioritizes clear communication, timely investigation, and a client-centered approach to pursue recoveries that address medical bills, lost wages, and long-term care needs when appropriate. By coordinating medical records, witness statements, and site documentation early, the firm aims to protect claims from avoidable gaps and to present a persuasive case to insurers or to opposing counsel.

Allan J. Ahearne, Jr. and the firm work to identify all potential sources of recovery and to explain the legal process in straightforward terms so clients can make informed decisions. Whether negotiating a settlement or preparing for court, the practice emphasizes attentive client service, prompt responses to questions, and careful case management. Clients receive regular updates about the claim’s progress and guidance about medical treatment, documentation, and next steps to protect both health and legal rights.

Schedule a Free Case Review Today

People Also Search For

Clarence Center construction injury lawyer

construction site injury attorney Clarence Center

Erie County construction accident lawyer

New York construction injury claim

fall from scaffolding Clarence Center

workers compensation construction NY

third party construction injury claim

Ahearne Law Firm construction injury

FAQS

What should I do immediately after a construction site injury?

After a construction site injury, prioritize your health by seeking immediate medical attention even if injuries seem minor. Prompt examination ensures proper treatment and creates a medical record linking your condition to the accident, which helps later when documenting damages. Report the incident to your supervisor or site management and confirm the accident is recorded in the site’s official log. Keeping personal notes about what happened, obtaining contact information for witnesses, and taking photographs of the scene and your injuries can preserve vital evidence for any claim. Following the initial steps, it is important to preserve relevant documentation and avoid providing extended statements to insurers without legal guidance. Keep copies of medical records, bills, and any wage loss documentation. Contact a law firm that handles construction injury matters to discuss your options; a lawyer can help coordinate with medical providers, protect your rights when dealing with insurers, and identify potential third-party defendants who may be responsible for additional damages beyond workers’ compensation.

Can I receive workers' compensation and still sue a third party?

Yes, you can typically receive workers’ compensation benefits and still pursue a claim against a third party whose negligence contributed to your injury. Workers’ compensation provides no-fault benefits for medical treatment and partial wage replacement, but it does not cover non-economic losses like pain and suffering or sometimes full wage replacement. A third-party claim may recover those additional damages by showing another party’s negligent acts or defective equipment played a role in the accident. Coordinating a workers’ compensation claim and a third-party lawsuit requires careful handling to avoid procedural mistakes and to ensure benefits are preserved. A legal representative can help evaluate potential third-party defendants, gather necessary evidence, and balance both claims to pursue fair compensation. Any recovery from a third party may need to account for liens or subrogation interests related to workers’ compensation benefits.

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

Statutes of limitation set deadlines to file legal claims in New York, and those time limits vary depending on the type of claim and the parties involved. For many personal injury actions, including some third-party construction claims, the typical filing deadline is governed by state law and may be two or three years from the date of the accident, but exceptions and specific rules can alter those timelines. Workers’ compensation deadlines for reporting and filing for benefits are different and should be observed promptly to secure medical care and wage benefits. Because missing a filing deadline can bar recovery, it is important to consult with counsel as soon as possible after an injury to determine the applicable time limits and preserve evidence. Early legal assistance helps ensure notices are filed, claims are timely pursued, and that any special circumstances that extend or shorten deadlines are identified and addressed before opportunities to recover are lost.

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

After a construction accident, injured people may recover economic damages such as current and future medical expenses, rehab costs, and lost wages, including loss of earning capacity if injuries affect future employment. Non-economic damages can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly harmful conduct, additional damages such as punitive measures may be sought, depending on the facts and legal standards that apply in New York. The types of damages available depend on the cause of the accident, whether the claim is pursued against a third party, and the interaction with workers’ compensation benefits. Careful documentation of medical treatment, rehabilitation needs, employment records, and testimony about daily limitations supports claims for both economic and non-economic losses. A methodical approach helps maximize the value of a recovery in line with the full impact of the injury.

Will the employer’s insurance cover all my medical bills and lost wages?

Employer workers’ compensation insurance typically covers reasonable and necessary medical treatment and a portion of lost wages for on-the-job injuries, but it does not always make an injured person whole. Benefit levels and coverage can vary, and workers’ compensation generally does not compensate for non-economic damages such as pain and suffering. If a third party’s negligence contributed to the accident, additional compensation may be available through a separate claim to cover losses not addressed by workers’ compensation. Insurance adjusters may attempt to limit payments or dispute aspects of a claim, so careful documentation and timely filing of benefits claims are important. Consulting with legal counsel helps ensure your medical treatment is documented, that benefits are pursued properly, and that any third-party claims are evaluated to seek funds beyond what workers’ compensation provides when appropriate.

How is liability determined in construction accidents involving multiple contractors?

Determining liability in construction accidents with multiple contractors requires detailed investigation into the roles and responsibilities of each party on site. Contracts, safety plans, supervision records, and maintenance logs can show who had control over a work area, equipment, or materials at the time of the accident. Establishing which party owed a duty of care and breached that duty is central to proving negligence and assigning responsibility for damages. Because multiple entities may share fault, the legal process often involves identifying all potentially responsible parties and gathering evidence to apportion liability. Statements from witnesses, site photographs, regulatory inspections, and maintenance histories can clarify how an incident occurred and which parties’ negligence contributed. A coordinated legal approach helps to present a complete case showing how each defendant’s actions or inactions resulted in harm.

Do I need to give a recorded statement to the insurance company?

Insurance companies commonly request recorded statements early in their investigation, but giving a recorded statement without legal guidance can be risky. Statements made under stress or without full knowledge of facts may be used to minimize or deny coverage. It is reasonable to provide basic information about the incident, but you should avoid offering speculative details or accepting fault until you have spoken with a legal representative who can advise on the best course of action. If an insurer requests a recorded statement, consult a lawyer first to understand your rights and how to protect your claim. A legal advisor can help determine whether a statement is necessary, prepare you to answer appropriate questions, and coordinate communications with insurers to avoid unintended consequences that could harm the value of your claim.

What evidence is most important in a construction injury case?

Key evidence in a construction injury case includes photographs and video of the scene and injuries, witness statements, incident reports, safety records, training documentation, and maintenance logs for equipment involved. Medical records and treatment notes that connect injuries to the accident are essential for proving damages. Preserving physical evidence, such as defective equipment or safety devices, is also important when possible and safe to do so. Timely collection of evidence is critical because sites may be altered, and records can be lost or changed. Securing statements from co-workers, supervisors, and first responders, along with obtaining site plans and contracts, helps reconstruct how the incident occurred and identify responsible parties. A coordinated investigation ensures the right evidence is gathered early to support liability and damages claims.

How long does a construction injury claim typically take to resolve?

The time to resolve a construction injury claim varies based on the case’s complexity, the severity of injuries, the number of parties involved, and whether the claim proceeds to litigation. Some matters settle within months if liability is clear and damages are well-documented, while others may take a year or more when injuries are significant or defendants dispute responsibility. The discovery process, medical treatment milestones, and negotiation timelines all influence the duration required to reach a fair outcome. Clients should be prepared for a process that may require patience as medical conditions stabilize and full damages become clear. Legal counsel can provide timelines and regular updates, pursue interim relief when appropriate, and seek efficient resolutions through negotiation, mediation, or trial if necessary to obtain appropriate compensation for the client’s losses.

How can I arrange a consultation with Ahearne Law Firm in Clarence Center?

To arrange a consultation with Ahearne Law Firm PLLC in Clarence Center, call the office at the provided number or use the website’s contact form to request a case review. During the initial contact, provide basic details about the accident, your injuries, and any medical treatment you have received. The firm will explain the intake process and what documentation to bring to the consultation, such as medical records, accident reports, and photographs if available. The consultation provides an opportunity to discuss the facts of your case, understand potential avenues for recovery, and learn about next steps without obligation. A local attorney from the firm will explain rights under New York law, timelines for filing claims, and options for pursuing workers’ compensation and any applicable third-party claims while answering questions about the process and likely outcomes.

Personal Injury Services in Clarence Center

Explore our injury practice areas

⚖️ All Personal Injury Services