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 Grand Island

Construction Injury Recovery

Personal Injury Guidance for Construction Accidents

If you were hurt on a construction site in Grand Island, NY, you may face medical bills, lost wages, and a long recovery ahead. Ahearne Law Firm PLLC focuses on helping people who sustain construction site injuries navigate the legal and insurance issues that follow. Allan J. Ahearne, Jr. and the firm are based in New York and serve clients across Erie County and the Hudson Valley. We can explain how local laws and workplace rules affect your claim and how to protect your rights while you concentrate on getting better. Call (845) 986-2777 to discuss your situation and next steps.

Construction site injuries can arise from falls, equipment accidents, scaffolding failures, struck-by incidents, and exposure to hazardous materials. Determining who is responsible — an employer, subcontractor, property owner, or equipment manufacturer — often requires gathering records, witness statements, and site documentation. There are multiple avenues for recovery, including workers’ compensation and third-party claims, and each has different time limits and rules. Early action to secure evidence and notify the appropriate parties can improve the chances of a favorable outcome. Our goal is to help you understand options and pursue fair recovery while you focus on healing.

Why Addressing Construction Injuries Matters

Addressing a construction site injury promptly helps protect both immediate needs and long-term recovery prospects. Seeking legal guidance early can preserve key evidence, secure medical care coordination, and prevent missed deadlines that might limit your options for compensation. Effective handling of claims also helps ensure that lost income, ongoing medical care, and rehabilitation expenses are properly documented and pursued. For many injured workers and bystanders, taking timely steps reduces stress and clarifies a path forward, allowing you to focus on physical recovery while legal matters are handled on your behalf.

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

Ahearne Law Firm PLLC represents injured people across New York, including construction site claims in Grand Island and Erie County. Allan J. Ahearne, Jr. and the firm handle matters that may require investigation, negotiation, and court advocacy when appropriate. The firm focuses on clear communication with clients about case strategy, likely timelines, and potential outcomes. When a claim involves multiple parties or complex liability issues, the firm coordinates with medical providers and investigators to assemble a complete record. Clients call for straightforward advice and steady representation during the claims process.

Understanding Construction Injury Claims

Construction injury claims often involve more than a single legal avenue; injured workers may have access to workers’ compensation benefits while also having grounds for a separate claim against a negligent third party such as an equipment manufacturer or property owner. Each path has different requirements for notice, medical documentation, and proof of liability. Gathering timely information about how the injury occurred, who was present, and what safety measures were in place is essential. An early review helps identify which claims are viable and what evidence will be necessary to support a recovery for medical costs, lost income, and related damages.

Navigating insurance and employer reporting rules is a central part of construction injury claims. Workers’ compensation typically covers medical care and wage replacement but may not compensate for pain and suffering, which can be pursued in third-party claims when another party’s negligence contributed to the injury. Statutes of limitations and administrative deadlines can vary, so it is important to determine time limits early. Documenting medical treatment, securing witness names, and preserving site evidence like photos or equipment logs strengthens any claim. Understanding these steps helps injured individuals make informed decisions about recovery options.

Need More Information?

Key Terms and Glossary for Construction Claims

Third-Party Claim

A third-party claim is a legal action brought against a party other than the injured person’s employer, often used when someone other than the employer bears responsibility for the injury. For example, if a subcontractor’s negligence or a defective piece of equipment caused harm, the injured person may pursue damages from that third party in addition to workers’ compensation benefits. Third-party claims can seek compensation for pain and suffering, lost future earnings, and other damages not covered by workers’ compensation. Identifying potential third parties early helps preserve evidence and clarify legal strategy.

Negligence

Negligence is the legal concept of failing to act with reasonable care under the circumstances, and establishing negligence often requires showing that a responsible party owed a duty of care, breached that duty, and caused harm. On construction sites, negligence can take many forms such as inadequate safety protocols, defective scaffolding, lack of fall protection, or improper equipment maintenance. Proving negligence typically involves reviewing site policies, maintenance records, witness statements, and any applicable industry standards or regulations. A successful negligence claim can support recovery of damages beyond what workers’ compensation provides.

Workers' Compensation

Workers’ compensation is a no-fault insurance system that provides benefits such as medical treatment and wage replacement to employees injured on the job, regardless of who was at fault. While workers’ compensation helps cover immediate medical bills and a portion of lost wages, it generally does not provide recovery for pain and suffering or certain long-term losses. When a third party is responsible, injured workers may pursue an additional claim against that party, but pursuing such a claim requires careful coordination with workers’ compensation rules and carrier subrogation interests. Timely reporting of the injury to the employer is usually required to preserve benefits.

Statute of Limitations

A statute of limitations sets the time limit within which a legal action must be filed, and these deadlines vary by claim type and jurisdiction; missing a deadline can bar a claim regardless of its merits. For construction site injuries, workers’ compensation notice deadlines, personal injury statutes of limitations, and administrative filing windows for certain claims must all be considered. Because multiple timelines may apply, identifying applicable deadlines early and acting promptly to preserve claims and collect evidence helps ensure legal options remain available. Consulting on timing helps avoid avoidable procedural dismissals.

PRO TIPS

Preserve Evidence Immediately

If you are physically able, take photographs of the scene, equipment, and your injuries as soon as possible, because visual evidence can change or disappear over time. Collect contact information for coworkers and witnesses and ask for any site logs or incident reports so that critical details are preserved. Early preservation of evidence and documentation supports both administrative and civil claims by creating a factual record of how the injury occurred and who may be responsible.

Seek Prompt Medical Care and Keep Records

Obtain medical attention promptly and follow recommended treatment plans to document the extent of injuries and to protect your health, as consistent medical records are central to proving the injury and its consequences. Keep copies of all medical bills, test results, prescriptions, and provider notes because these records form the backbone of any claim for compensation. Detailed and organized medical documentation helps insurers and courts understand the full scope of treatment and projected recovery needs.

Report the Incident and Preserve Communications

Notify your employer about the injury according to company procedures and keep written records of the report, including dates and names of individuals notified, to preserve eligibility for benefits. Save any correspondence with insurers, contractors, or company representatives and request copies of any incident reports prepared by the employer. Clear records of reporting and communications reduce confusion and help establish timelines and responsibilities for subsequent claims.

Comparing Legal Options After a Construction Injury

When a Full Legal Approach Helps:

Complex Liability or Multiple Parties

When an injury involves multiple potential defendants, such as a subcontractor, equipment manufacturer, and property owner, comprehensive legal review is necessary to identify all possible sources of compensation and coordinate claims. Investigations may require obtaining maintenance records, contractor agreements, and safety inspection reports, which takes time and legal knowledge to secure. A coordinated approach helps ensure that claims against different parties are timed and presented correctly so recovery is not limited by oversight or missed opportunities.

Serious or Long-Term Injuries

For injuries that result in long-term disability, permanent impairment, or substantial ongoing medical needs, a comprehensive evaluation of current and future damages is important to achieve fair compensation for lifetime care and lost earning capacity. This process often involves medical and vocational analysis, careful calculation of future costs, and negotiation with insurers or litigation if necessary. Addressing these elements early helps create a realistic plan for securing funds to support long-term recovery and financial stability.

When a Limited Approach May Be Appropriate:

Minor Injuries with Quick Recovery

If the injury is minor, medical treatment is brief, and the cost and disruption are limited, a straightforward workers’ compensation claim or direct settlement with an insurer may resolve the matter efficiently without extended investigation. In such cases, focusing on prompt medical care, submitting accurate billing records, and completing required employer and insurer forms can be the most practical route. A measured approach helps injured individuals recover compensation without unnecessary delay or complexity.

Clear Liability and Cooperative Parties

When liability is obvious and all parties are cooperative, it may be possible to resolve a claim through direct discussions with insurers or responsible parties without pursuing a broader litigation strategy. Timely documentation and clear communication of damages and medical needs often lead to fair settlements in uncomplicated situations. This focused approach can reduce cost and time spent resolving the matter while still addressing the injured person’s immediate financial and medical needs.

Common Situations That Lead to Construction Injuries

Fall from Heights

Falls from scaffolding, ladders, or roofs are among the most frequent and serious construction injuries, often resulting from inadequate fall protection, unstable platforms, or improper ladder use. These incidents typically require prompt medical care, careful documentation of site conditions, and review of safety procedures to determine responsibility and potential avenues for compensation.

Struck-by or Caught-in Accidents

Workers and bystanders can be injured by falling tools, moving equipment, or collapsing materials, incidents that may involve contractor negligence, poor site control, or equipment malfunction. Identifying witnesses, securing equipment records, and obtaining maintenance logs are important steps for establishing how such an injury occurred and who may be liable.

Equipment and Machinery Failures

Malfunctioning cranes, forklifts, or power tools can cause catastrophic harm, and these events often prompt investigation into maintenance practices, operator training, and manufacturing defects. Documenting inspection schedules and repair histories helps clarify whether the incident was preventable and which parties should be held responsible for resulting losses.

Grand Island Construction Injury Attorney

Why Clients Turn to Ahearne Law Firm

Clients seek Ahearne Law Firm for clear communication, careful case preparation, and persistent pursuit of fair recovery following serious construction injuries. The firm focuses on developing a factual record, coordinating with medical providers, and working with investigators to establish how an injury occurred and who may be liable. We prioritize timely action to preserve evidence and meet filing deadlines so that clients retain maximum legal options while they concentrate on recovery and rehabilitation.

From initial case review through negotiation or litigation, the firm aims to explain potential paths and realistic timelines for claims involving construction site injuries in Grand Island, Erie County, and surrounding New York communities. Conversations begin with a review of medical treatment, employer reports, and available documentation to identify the best approach for recovery. For immediate assistance or to schedule a consultation, call (845) 986-2777 and speak with someone who can review the specifics of your situation and outline next steps.

Schedule a Consultation Today

People Also Search For

construction site injury Grand Island

construction accident lawyer Grand Island

construction injury attorney Erie County

worksite injury claims New York

third-party construction claims

scaffolding fall attorney Grand Island

crane accident claims New York

OSHA construction injury claims

FAQS

What should I do immediately after a construction site injury?

Seek medical attention for any injuries right away, even if symptoms seem minor initially, because some problems may appear later and prompt documentation is essential for both health and legal reasons. Report the injury to your employer as required, keep records of medical visits and bills, take photographs of the scene and injuries, and obtain contact information for witnesses to create a clear factual record. After immediate steps are taken, preserve any relevant communications, incident reports, and safety documents, and avoid giving recorded statements to insurers without first discussing the situation with a legal advisor. Early preservation of evidence and careful documentation helps protect your options for workers’ compensation and any additional claims that may arise against third parties.

Can I file a workers' compensation claim and sue a third party?

Yes, in many cases you can pursue workers’ compensation benefits through your employer’s insurance while also bringing a separate claim against a third party whose negligence contributed to the injury. Workers’ compensation typically provides medical care and wage benefits, while a third-party claim may provide compensation for pain and suffering, loss of future earning capacity, and other damages not covered by workers’ compensation. Coordinating these actions requires attention to procedural rules and potential subrogation by the workers’ compensation carrier, which may seek repayment from third-party recovery. Early review of the facts helps identify viable third parties and the best sequence for pursuing claims while complying with administrative requirements.

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

Time limits for filing construction injury claims depend on the type of claim and where it is filed; personal injury statutes of limitations in New York often require an action within a set number of years from the date of injury, while workers’ compensation and administrative notice rules may have different and shorter deadlines. Missing these deadlines can prevent recovery, so determining applicable timelines early is vital to preserving your rights. Because multiple deadlines can apply to different aspects of a construction injury matter, it is important to gather key documents and consult about timing as soon as possible after the incident. Prompt action also helps preserve evidence and witness recollections that support any later filings.

Will reporting the injury to my employer affect my claim?

Reporting the injury to your employer is usually required to secure workers’ compensation benefits and to create an official record of the incident, and failing to report on time can jeopardize those benefits. Be factual and thorough when making the report, and request a written copy or acknowledgment of the incident report to maintain your documentation. Reporting should be accompanied by prompt medical follow-up and maintaining copies of all medical records, billing statements, and correspondence. Proper reporting and documentation support both administrative benefits and any additional claims against third parties that may be appropriate.

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

Damages in construction injury matters can include current and future medical expenses, lost wages, loss of earning capacity, rehabilitation and assistive device costs, and non-economic losses such as pain and suffering when a third-party claim is available. Workers’ compensation typically addresses medical care and wage replacement, while third-party claims seek broader recovery for long-term and non-economic harms. Assessing the full range of damages often requires coordination with medical and vocational professionals to estimate future needs and impacts on work. Proper documentation of treatment plans, medical opinions, and income history strengthens claims for comprehensive recovery on behalf of an injured person.

How is liability determined in a construction accident?

Liability in construction accidents is determined by examining who owed a duty of care, whether that duty was breached, and whether the breach caused the injury; this can involve employers, subcontractors, property owners, equipment manufacturers, and others. Evidence such as maintenance logs, safety protocols, inspection records, witness statements, and photos or video from the scene is used to establish what happened and who was responsible. Because construction sites often involve multiple parties and overlapping responsibilities, investigating contracts, safety schedules, and training records helps clarify which party or parties may be liable. Identifying responsible parties early helps preserve evidence and informs strategy for seeking recovery.

What if the injury was caused by defective equipment?

If defective equipment contributed to the injury, a product liability claim against a manufacturer, distributor, or seller may be appropriate in addition to any workers’ compensation claim. Such claims typically require proving the equipment was defective in design, manufacturing, or warning, and that the defect directly caused the injury. Investigating product defects often involves preserving the equipment for inspection, collecting maintenance and purchase records, and consulting with technical witnesses who can explain how the defect caused the incident. Timely steps to secure the equipment and relevant documents help support a potential product liability action.

Do I need to see a specific type of doctor for my injury claim?

Seeking care from an appropriate medical professional for the type of injury sustained is important for health and for documenting the condition; follow-up visits and specialist referrals should be recorded to create a comprehensive medical record. Clear medical documentation showing diagnosis, treatment, and prognosis is central to establishing the scope of injuries and supporting claims for compensation. If surgical intervention, ongoing therapy, or specialized rehabilitation is needed, maintain copies of all clinician notes, test results, and recommendations, and keep a record of related expenses and time away from work. Consistent treatment records are persuasive evidence for both administrative and civil recovery efforts.

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

The time to resolve a construction injury claim varies depending on the complexity of liability, the severity of injuries, the need for investigations, and whether the matter settles or proceeds to litigation. Simple workers’ compensation matters can be resolved more quickly, while third-party claims involving multiple defendants, significant injuries, or disputed liability may take many months or longer to conclude. Throughout the process, clear communication about expected timelines and potential milestones helps clients understand when key events may occur, such as evaluations, settlement negotiations, or court dates. Prompt evidence gathering and consistent medical follow-up can help shorten delay and facilitate resolution.

How can I preserve evidence after a construction site injury?

To preserve evidence after a construction site injury, take photographs of the scene and injuries, gather witness contact information, keep copies of incident reports, and retain any equipment involved. Preserve clothing, safety gear, and any tools connected to the incident when safe and possible, and record dates and details of conversations and reports related to the event. Request copies of employer incident reports and site logs, and make written notes of everything you recall about the circumstances, including weather, lighting, and equipment conditions. Early preservation of physical and documentary evidence supports later investigations and strengthens claims for compensation.

Personal Injury Services in Grand Island

Explore our injury practice areas

⚖️ All Personal Injury Services