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Construction Site Injuries Lawyer in Bergen, New York

Construction Injury Claims

Comprehensive Guide to Construction Site Injury Claims

If you were injured on a construction site in Bergen or elsewhere in Genesee County, you may face medical bills, lost wages, and long recovery time while trying to understand your legal options. At Ahearne Law Firm PLLC, we assist people who have suffered falls, equipment accidents, scaffolding collapses, and other on-site injuries, helping them evaluate liability and potential claims against contractors, property owners, or insurance carriers. This page explains what to expect after a construction site injury, how to preserve evidence, and the steps to take to pursue fair compensation while protecting your rights in New York.

Construction site injury cases often involve multiple responsible parties, overlapping insurance policies, and technical issues such as compliance with safety regulations. The firm can help you document the accident scene, collect medical and employment records, and communicate with insurers so you can focus on recovery. We also explain how workers’ compensation interacts with third-party claims and when an injured person can pursue damages beyond workers’ compensation, including pain and suffering and lost future earnings. Early action to preserve evidence and obtain thorough medical documentation can make a meaningful difference in the outcome of a claim.

Why Timely Legal Guidance Matters After a Construction Injury

Pursuing a claim after a construction site injury can affect your immediate financial stability and long-term recovery. Prompt legal guidance helps ensure important deadlines are met, evidence is preserved, and medical records are obtained in a way that supports a claim for compensation. Having experienced representation can reduce stress from dealing with insurance companies and opposing counsel, allowing injured parties to focus on treatment while their claim progresses. In many cases, timely investigation uncovers additional responsible parties and sources of compensation that may not be obvious if action is delayed.

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

Ahearne Law Firm PLLC serves clients throughout New York, including Bergen in Genesee County, and focuses on helping injured people recover compensation after serious accidents. Allan J. Ahearne, Jr. and the firm provide personalized representation that emphasizes clear communication, careful investigation, and practical solutions tailored to each client’s situation. The firm assists with medical documentation, negotiating with insurers, and preparing claims for litigation when necessary. Clients receive direct attention and support through each phase of the case, from the initial intake and evidence preservation to settlement discussions or court proceedings if required.

Understanding Construction Site Injury Claims

Construction site injury claims can arise from many different circumstances, including falls from heights, equipment malfunctions, trench collapses, and electrocutions. Determining liability often involves assessing whether contractors followed safety regulations, whether scaffolding or equipment was properly maintained, and whether property owners or subcontractors contributed to hazardous conditions. Injured workers may have access to workers’ compensation benefits, but third-party claims against non-employer parties can provide additional compensation for pain and suffering, loss of earning capacity, and other damages beyond wage replacement and medical benefits. A careful factual investigation is essential to identify responsible parties and applicable insurance coverage.

Investigations typically gather site photos, witness statements, equipment maintenance logs, safety inspection reports, and medical documentation to build a full picture of the incident. In addition to workers’ compensation, potential defendants in a third-party claim may include general contractors, subcontractors, property owners, equipment manufacturers, and designers. Each party’s level of responsibility must be evaluated under New York law, and comparative fault principles may affect recoverable damages. Working promptly to collect evidence preserves important information that can disappear over time and strengthens the ability to pursue fair compensation.

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Key Terms and Glossary for Construction Injury Claims

Workers’ Compensation

Workers’ compensation is a state-administered system that provides no-fault benefits to employees who are injured on the job, covering medical treatment and partial wage replacement without the need to prove employer negligence. While workers’ compensation can offer important immediate benefits, it typically does not provide compensation for pain and suffering or full lost future earnings. In many construction accident cases, workers’ compensation benefits are an important first step while a separate third-party claim may be pursued against non-employer parties whose actions contributed to the injury, allowing for additional recovery beyond the workers’ compensation framework.

Third-Party Claim

A third-party claim seeks compensation from someone other than the injured person’s employer when their negligence or wrongful conduct contributed to the accident. For example, if defective equipment, negligent subcontractor work, or unsafe property conditions cause injury, a third-party claim can target the responsible party’s liability insurance for damages such as pain and suffering, future lost earning capacity, and out-of-pocket expenses. Pursuing a third-party claim often occurs alongside workers’ compensation benefits and requires a factual showing that the third party’s actions or omissions contributed materially to the accident and resulting injuries.

Comparative Fault

Comparative fault is a legal principle that reduces recovery when an injured person is partly responsible for their own injuries, based on the percentage of fault assigned to each party. In New York, a plaintiff’s damages may be reduced by their share of responsibility, so demonstrating the relative fault of other parties is important to maximize recovery. Comparative fault analyses examine evidence such as adherence to safety protocols, use of protective equipment, and actions of contractors or equipment operators, and they guide settlement negotiations and litigation strategies to ensure a fair allocation of responsibility.

Liability Insurance

Liability insurance provides coverage for claims of negligence or wrongdoing by covered parties, and it is often the source of compensation in construction injury claims when contractors, property owners, or equipment owners are found responsible for an accident. Understanding which policies apply and the limits of available coverage is a critical part of pursuing compensation because multiple layers of insurance might be present on a construction project. Thorough investigation identifies applicable insurers and policy limits to ensure injured persons pursue all available avenues of recovery and to inform settlement discussions and litigation planning.

PRO TIPS

Preserve the Scene

If it is safe to do so after a construction accident, preserve the scene and any equipment involved by taking photographs and keeping damaged tools or materials in place until they can be documented. Collect contact information from witnesses and ask for their accounts of what happened, because witness statements often clarify how the incident occurred and who was present. Prompt documentation of the scene and injuries strengthens the factual record and helps identify responsible parties and safety violations that may support a claim.

Get Medical Care and Keep Records

Seek immediate medical attention for any injury, even if it seems minor, and follow through with recommended treatment to document the extent of harm and the necessity of care. Keep copies of all medical records, imaging, bills, prescriptions, and appointment notes because these documents form the foundation for proving damages in any claim. Consistent medical documentation also supports recovery claims for future treatment needs and demonstrates the relationship between the accident and ongoing health issues.

Report the Injury

Report the injury promptly to the employer and any relevant safety officers or site supervisors to create an official record of the incident and to initiate workers’ compensation benefits. Obtain copies of incident reports and filed documentation, and confirm that your injury was logged with the appropriate parties, as missing or delayed reports can complicate benefit claims and later third-party actions. Early reporting also allows for timely investigation and preservation of evidence that may be lost if action is delayed.

Comparing Legal Options After a Construction Injury

When a Full Claim Is Appropriate:

Complex Liability and Multiple Parties

A comprehensive claim is often necessary when multiple contractors, subcontractors, or property owners may share responsibility for an accident and thorough investigation is required to determine who is liable. Such claims seek to identify all sources of insurance coverage and to pursue fair compensation for medical costs, lost wages, and non-economic losses like pain and suffering. When responsibility is disputed or the incident involves complicated accident reconstruction, a full claim that includes careful evidence gathering and legal advocacy typically produces better outcomes than attempting to resolve matters without representation.

Serious or Long-Term Injuries

When injuries result in prolonged treatment, permanent impairment, or reduced earning capacity, a comprehensive legal approach ensures that future medical costs and lost income are considered in any recovery. These claims evaluate current and projected needs and often involve medical experts, vocational assessments, and careful calculation of future economic losses. Securing adequate compensation for long-term effects requires a claim that addresses not only immediate bills but also the full financial impact of the injury over time.

When a Narrower Claim May Be Appropriate:

Minor Injuries with Clear Liability

A more limited approach may be appropriate when injuries are minor, liability is clear, and medical costs are low, allowing for an efficient settlement without protracted investigation or litigation. In such cases, focused negotiation with the insurer or responsible party can secure prompt payment for medical bills and lost wages. Choosing a limited approach can reduce legal costs and accelerate resolution when the facts are straightforward and the claimant seeks a practical outcome rather than pursuing extensive damages.

Workers’ Compensation Only Cases

If the injury is fully addressed through workers’ compensation and there are no viable third-party defendants, pursuing only the statutory benefits may be the most appropriate path. Workers’ compensation provides prompt medical coverage and wage replacement, and in some cases it fully compensates the injured worker for immediate losses. When no additional parties appear responsible and long-term impacts are limited, focusing on the workers’ compensation claim may offer an efficient and effective result.

Common Construction Accident Scenarios

Falls From Height

Falls from scaffolding, ladders, or roofs are a frequent source of severe injuries on construction sites and often require substantial medical care and rehabilitation. Identifying whether fall protection was provided and maintained, and whether safety protocols were followed, is essential to determine potential liability.

Equipment and Machinery Accidents

Struck-by incidents involving cranes, forklifts, or heavy machinery can inflict catastrophic injuries and may implicate equipment maintenance or operator training. Determining whether equipment was properly maintained and whether operators followed safety rules helps establish responsibility for these accidents.

Trench Collapses and Structural Failures

Collapses of trenches, temporary structures, or formwork can cause crushing injuries and fatalities and often reflect inadequate safety planning. Investigating site preparation, shoring procedures, and inspection records is critical to understanding how the failure occurred and who may be liable.

Construction Injury Representation in Bergen, NY

Why Choose Ahearne Law Firm for Construction Injury Claims

Ahearne Law Firm PLLC provides individualized attention to people injured in construction accidents in Bergen and throughout New York, focusing on clear communication and thorough investigation of the facts. The firm works to obtain detailed medical records, scene documentation, and witness statements to build a strong case, and it coordinates with medical providers and other professionals to assess long-term impacts. Clients receive guidance on meeting procedural deadlines and on how workers’ compensation and third-party claims interact, ensuring claims are advanced in a timely and organized manner.

From the initial consultation through settlement or trial, the firm strives to keep clients informed about case progress and realistic about potential outcomes, while advocating for full and fair compensation. The firm can handle communications with insurers, file necessary claims, and pursue litigation when needed, relieving clients of the burden of navigating complex legal and insurance processes during recovery. For residents of Bergen and Genesee County, local knowledge and dedicated attention help clients pursue the compensation they need to recover and move forward.

Contact Ahearne Law Firm Today

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FAQS

What should I do immediately after a construction site injury?

Seek immediate medical attention for any injuries, even if they initially seem minor, and follow all treatment recommendations to document the medical link between the accident and your condition. If you are able, preserve the accident scene by taking photographs of the location, equipment, and any visible hazards, and collect names and contact information for witnesses. Prompt reporting of the injury to your employer and obtaining copies of incident reports helps create an official record that supports both workers’ compensation and third-party claims. Notify the firm or legal representative as soon as possible so necessary evidence can be preserved and a timely investigation begun, because video footage, equipment logs, and witness memories can fade over time. Keep copies of all medical records, bills, and correspondence with insurers, and avoid providing recorded statements to insurers without first discussing them with counsel. Quick action helps protect your rights and improves the prospects for full recovery of damages.

Can I receive workers’ compensation and also sue a third party?

Yes. In many situations you can pursue workers’ compensation benefits for medical treatment and wage replacement while also pursuing a separate third-party claim against a negligent contractor, equipment manufacturer, property owner, or other non-employer party whose actions contributed to the accident. Workers’ compensation provides immediate benefits without proof of fault by the employer, but it does not preclude recovery from third parties whose negligence caused or contributed to the injury. When pursuing a third-party claim, it is important to understand how settlements interact with workers’ compensation liens and reimbursement obligations, so careful coordination is necessary to maximize net recovery. Timely investigation identifies potential third-party defendants and the insurance coverage available, and legal guidance helps navigate the interplay between compensation systems to secure appropriate damages beyond statutory benefits.

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

The time to file a claim depends on the type of claim and the parties involved. For personal injury claims against third parties in New York, the statute of limitations is typically two years from the date of the injury, though certain circumstances can shorten or extend that period, and different deadlines may apply to claims against municipalities or government entities. Workers’ compensation claims have their own filing requirements and deadlines, which should be met to preserve benefits. Because deadlines are strict and can be affected by factors such as discovery of the injury, ongoing treatment, or the identity of responsible parties, initiating a consultation as soon as possible is important. Early contact allows for timely investigation, preservation of evidence, and filing of appropriate claims before statutory deadlines expire, protecting your right to pursue compensation.

Who can be held liable for a construction site injury?

Liability in construction injury cases can fall on a range of parties depending on the circumstances, including general contractors, subcontractors, property owners, equipment owners, manufacturers of defective equipment, or parties responsible for site safety. Determining liability requires a factual analysis of who controlled the site, who was responsible for safety, and whether any party failed to follow applicable safety rules or industry practices that led to the accident. In many cases, multiple parties share responsibility, and identifying all potentially liable parties and their insurers is essential to securing full compensation. Thorough investigation into contracts, site supervision, inspection records, and maintenance histories helps clarify the roles of different parties and supports claims against those whose negligence contributed to the injury.

Will insurance cover my medical expenses after a construction accident?

Insurance often covers medical expenses after a construction accident, but which policy applies depends on who is liable and the type of insurance in place. Workers’ compensation typically covers medical treatment for employees injured on the job regardless of fault, while third-party liability insurance carried by contractors, equipment owners, or property owners may cover additional costs, pain and suffering, and future losses when those parties are responsible for the accident. Understanding applicable coverage requires identifying potential defendants and their insurance carriers and reviewing policy limits and exclusions. Prompt investigation into available insurance and careful handling of claims ensures that medical bills are submitted properly and that injured persons pursue all available sources of compensation for both current and future medical needs.

How is fault determined in a construction injury case?

Fault is determined by examining evidence such as witness statements, safety records, inspection reports, training documentation, and physical evidence from the scene. Investigators look at whether safety protocols were followed, equipment was maintained, and workers received proper instruction and protective gear. Accident reconstruction and professional assessments can clarify how the incident occurred and which actions or omissions contributed to the harm. New York applies comparative fault principles that may reduce recovery if the injured person shares responsibility, so establishing the relative fault of other parties is important. Legal analysis evaluates the strength of claims against each potential defendant and considers how shared fault might affect overall damages and negotiation strategies.

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

Injured persons may recover various types of damages depending on the facts of the case, including compensation for past and future medical expenses, lost wages, loss of earning capacity, and non-economic damages such as pain and suffering and loss of enjoyment of life. In severe cases, damages for disfigurement or permanent impairment may also be available, and claims can include reimbursement for out-of-pocket costs related to treatment and recovery. Calculating damages often requires medical and vocational assessments to estimate future needs and income loss, and settlement discussions or litigation aim to address both immediate bills and long-term financial consequences. Identifying all areas of loss leads to a more comprehensive recovery that addresses the full impact of the injury on the person’s life.

Should I sign anything the insurance company sends me?

You should be cautious about signing releases or settlement documents provided by insurance companies without fully understanding their terms, because early settlements may limit your ability to pursue additional recovery for future medical needs or complications. Insurers may request recorded statements or quick releases that resolve claims for a set amount, and those offers are often based on preliminary information that may not reflect long-term consequences of your injuries. Before signing any documents, review the terms carefully and consider obtaining legal advice to assess whether the proposed settlement covers all past and future losses. Legal guidance helps determine whether an offer is fair and ensures that potential liens, reimbursement obligations, and future medical needs are addressed in any agreement.

How long will my construction injury case take to resolve?

The timeline for resolving a construction injury case varies widely depending on the severity of injuries, complexity of liability, and whether parties are willing to negotiate a fair settlement. Some cases resolve in a few months when liability is clear and injuries are minor, while more serious or disputed cases may take years to resolve through litigation, appeals, or prolonged negotiations. Obtaining complete medical treatment and stable prognoses often influences the timing of settlement discussions to ensure future needs are accounted for. A careful approach balances the desire for timely resolution with the need to secure adequate compensation for long-term impacts, and regular communication with your legal representative helps manage expectations about timing and milestones. Ongoing updates and strategic decisions about negotiation versus trial are part of the process to achieve the best practical result for each client’s circumstances.

How can I afford legal help after a construction accident?

Many law firms handle construction injury claims on a contingent fee basis, meaning the fee is a percentage of any recovery and clients do not pay upfront hourly fees for representation, which helps people pursue claims without immediate out-of-pocket legal costs. The firm may also advance necessary expenses related to investigation and litigation, with reimbursement conditioned on recovery, providing access to legal advocacy for those who otherwise could not afford it. Discuss fee arrangements and any potential costs during the initial consultation to understand how representation will be funded and what financial obligations you may have if a recovery is obtained. Clear communication about fees, expenses, and expected outcomes helps clients make informed decisions about pursuing claims after a construction accident.

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