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 in Floral Park — Personal Injury Representation

Protecting Your Rights

A Practical Guide to Construction Site Injury Claims in Floral Park

Construction site injuries can change daily life in an instant, leaving workers and bystanders with painful injuries, mounting bills, and uncertainty about next steps. If you were hurt at a worksite in Floral Park, Nassau County, understanding your rights and options under New York law is essential to obtaining fair financial recovery for medical care, lost earnings, and other impacts. This guide from The Ahearne Law Firm PLLC explains how claims commonly proceed in construction-related matters, who can be held responsible, and what evidence matters most during an investigation, so you can make informed choices about pursuing a claim through negotiation or litigation.

The path after a construction injury often begins with timely medical treatment, clear documentation of the incident, and prompt action to preserve evidence and witness accounts. Depending on circumstances, injured people may have claims under the workers’ compensation system and separate claims against third parties whose negligence contributed to the accident. This page outlines differences between those avenues, typical sources of liability at construction sites in Floral Park and Nassau County, and the practical steps to protect your claim while you recover physically and financially from the harm you experienced.

Why Construction Site Injury Claims Matter for Your Recovery

Construction site injury claims are about more than seeking money; they are about ensuring access to appropriate medical care, stabilizing finances while you recover, and holding negligent parties accountable so hazards can be addressed for others. Pursuing a claim can restore lost wages, offset ongoing treatment costs, and provide compensation for pain and diminished quality of life resulting from a serious accident. Taking the right steps early—documenting the scene, preserving evidence, and obtaining medical records—can significantly affect the strength of a claim. This process also helps identify responsible parties and the legal theories that apply under New York law to pursue recovery.

Overview of The Ahearne Law Firm PLLC and Attorney Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC represents people injured in the Hudson Valley and across New York, handling serious personal injury matters including construction site injuries. Allan J. Ahearne, Jr. leads the firm’s work on behalf of injured individuals and focuses on building clear factual records, communicating with medical providers, and negotiating with insurers to secure appropriate resolution. The firm understands local courts and procedures in Nassau County and works to make the claim process as manageable as possible while advocating for fair treatment and compensation for clients who have been hurt on construction sites or by dangerous conditions.

Understanding Construction Site Injury Claims in New York

Construction site accidents can give rise to multiple legal pathways depending on the worker’s employment status, the role of subcontractors, and the source of the hazard. Employees generally have access to the workers’ compensation system for medical expenses and partial wage replacement, but in many cases a separate claim against a negligent third party, such as an equipment manufacturer, property owner, or subcontractor, may be available. Evaluating whether a third-party claim exists requires careful review of contracts, safety records, inspection reports, and witness statements to determine who owed what duty and how a failure to follow safety protocols may have caused the injury.

Key elements in many construction injury claims include establishing negligence, showing causation between the negligent act and the injury, and documenting damages like medical bills and lost earning capacity. In New York, statutes of limitations and procedural requirements govern how and when claims must be filed, so acting within those timeframes is important. Evidence such as incident reports, photographs, equipment maintenance logs, and testimony from coworkers and safety personnel can strengthen a claim and assist in negotiating a fair resolution with insurers or presenting a persuasive case in court if settlement is not reached.

Need More Information?

Key Terms and Glossary for Construction Injuries

Third-Party Claim

A third-party claim refers to a legal action against an entity other than the injured worker’s employer when that entity’s negligence contributed to the injury. For example, an equipment manufacturer that failed to warn about a defect or a property owner who allowed hazardous conditions to exist may be pursued in a civil claim separate from workers’ compensation benefits. Establishing a third-party claim typically requires showing that the third party owed a duty of care, breached that duty through negligent conduct, and that the breach was a proximate cause of the injury and resulting damages.

Negligence

Negligence is the legal concept used to determine whether someone failed to act with the level of care a reasonably careful person would have exercised under similar circumstances. In construction cases, negligence can arise from unsafe work practices, inadequate training, poor supervision, defective equipment, or failure to maintain a safe worksite. To prevail on a negligence claim, an injured person must demonstrate that a duty existed, that the duty was breached, and that the breach caused the injury and resulting damages such as medical bills, lost wages, and pain and suffering.

Workers' Compensation

Workers’ compensation is the no-fault insurance system that provides benefits to employees who are injured on the job, covering medical treatment and a portion of lost wages without needing to prove fault. While it provides important immediate benefits, workers’ compensation does not always cover full economic and noneconomic losses, which is why injured workers sometimes pursue additional claims against third parties whose negligence contributed to the injury. Understanding how workers’ compensation interacts with other potential claims is critical when evaluating options for a broader recovery after a construction accident.

Comparative Fault

Comparative fault is a legal rule used to allocate responsibility when multiple parties, including the injured person, may have contributed to an accident. In New York, damages may be reduced in proportion to the injured person’s share of fault, which makes a careful review of the facts essential to minimize any allocation against the claimant. Evidence that shifts responsibility away from the injured person or highlights the greater culpability of employers, contractors, or equipment manufacturers can affect the amount recovered in settlement or at trial.

PRO TIPS

Document the Scene Immediately

After a construction site injury, documenting the scene as soon as it is safe to do so preserves critical evidence that may not otherwise be available later in the claims process. Take photographs of the location, equipment, and any visible hazards, and record the names and contact information of witnesses while memories are fresh. These steps create a factual record that can support statements about how the incident occurred and strengthen efforts to establish liability and damages in subsequent discussions with insurers or in court.

Seek Prompt Medical Care and Keep Records

Prompt medical evaluation is essential both for your health and for documenting the connection between the injury and the incident at the worksite. Maintain complete records of appointments, diagnoses, imaging studies, treatment plans, and any recommended restrictions, as this documentation is central to proving the extent and nature of your injuries. Clear medical records also assist in calculating appropriate compensation for past and anticipated treatment costs and can be persuasive when resolving claims with insurers or presenting evidence to a court.

Preserve Evidence and Witness Information

Preserving physical evidence, documents, and witness contact details ensures that important facts remain available during investigation and negotiation. Request copies of incident reports, maintenance logs, and safety inspection records, and keep any damaged clothing or equipment in a secure place so that it can be inspected if needed. Early preservation reduces the risk that key materials will be lost, altered, or destroyed and helps build a dependable record to support any claims for compensation.

Comparing Legal Options After a Construction Injury

When Full Representation Is Appropriate:

Complex Liability or Multiple Defendants

When liability involves multiple parties such as contractors, subcontractors, property owners, or equipment manufacturers, a comprehensive approach helps coordinate claims across those entities and avoid procedural errors. Thorough investigation and legal strategy are often needed to determine contractual responsibilities, insurance coverage, and comparative fault among various participants. A coordinated claim helps ensure all potentially responsible parties are identified and appropriate recovery avenues are pursued to address both economic and noneconomic losses.

Severe or Long-Term Injuries

Serious injuries that require ongoing medical care, rehabilitation, or that affect earning capacity typically benefit from a comprehensive evaluation of current and future needs. Establishing projected medical costs, vocational impacts, and long-term care requirements involves medical records, expert opinions, and detailed economic assessment. A broad approach aims to quantify all categories of loss so that any settlement or judgment reflects total needs rather than only immediate expenses.

When a Limited Approach May Be Sufficient:

Minor Injuries with Clear Liability

If an injury is minor, liability is clear, and medical treatment is short-term with limited costs, a focused approach emphasizing documentation and negotiation with insurers can resolve the matter efficiently. In those situations, streamlined handling may reduce legal expenses while recovering compensation for immediate medical bills and brief wage loss. Even when pursuing a limited recovery, preserving evidence and medical records remains important to support an insurer-facing claim and to guard against disputes about causation or severity.

Claims Best Resolved by Administrative Benefits

When an injured worker’s needs are fully met through workers’ compensation benefits and no viable third-party claim exists, pursuing only administrative remedies may be an efficient choice. The workers’ compensation system can cover medical care and partial wage replacement without the need to establish fault. Evaluating whether additional civil claims are practical requires careful review, and if they are not available, focusing on workers’ compensation benefits can simplify resolution and speed access to care and income support.

Common Situations Leading to Construction Site Injuries

Falls from Heights

Falls from scaffolding, ladders, or roofs frequently lead to severe injuries and often involve questions about fall protection, maintenance of fall arrest systems, and compliance with safety protocols at the site. Photographs of the scene and testimony about equipment condition, training, and supervisory practices are important evidence in determining responsibility for the hazard and the resulting harm.

Struck-by or Caught-in Incidents

Workers who are struck by falling objects or caught in moving machinery can suffer significant trauma, and these incidents often raise issues about equipment guarding, storage practices, and safety procedures. Documentation such as maintenance logs, witness accounts, and inspection reports supports claims that hazardous conditions or inadequate safeguards contributed to the injury.

Electrocutions and Burns

Electrical incidents and burn injuries may involve improper lockout/tagout procedures, faulty wiring, or unsafe use of power equipment and typically require prompt medical treatment and specialized documentation of the equipment and procedures in place. Gathering records from employers, site safety plans, and medical documentation helps establish causation and the extent of injury for compensation purposes.

Floral Park Construction Injury Attorney

Why Choose The Ahearne Law Firm for Construction Injury Matters

The Ahearne Law Firm PLLC focuses on assisting individuals injured in the Hudson Valley and Nassau County with practical legal guidance and advocacy tailored to construction incident claims. Allan J. Ahearne, Jr. and the team prioritize clear communication, careful documentation gathering, and steady advocacy during negotiations with insurers and opposing parties. Clients receive help understanding available benefits, preserving evidence, and making informed decisions about whether to pursue worker compensation benefits, third-party claims, or a combination of recovery avenues based on the facts of their case.

From the initial assessment through resolution, the firm works to reduce the stress of the claims process by coordinating medical records, requesting necessary documents, and explaining legal options plainly. The goal is to secure fair and timely compensation for medical care, lost earnings, and other harms while protecting ongoing recovery and financial stability. Local knowledge of Nassau County procedures and experience handling construction-related matters helps clients navigate administrative deadlines and evaluate potential civil claims when appropriate.

Contact Our Office to Discuss Your Case

People Also Search For

construction accident lawyer Floral Park

construction site injury attorney Nassau County

Floral Park personal injury construction

construction injury claim New York

worker injured on construction site Floral Park

third party construction accident claim

Floral Park construction accident compensation

Ahearne Law construction injuries

FAQS

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

Immediately after a construction site injury, seek prompt medical attention even if you think the injury is minor, because some injuries can worsen without treatment and medical documentation is essential to any subsequent claim. Document the scene with photos when safe, gather witness names and contact information, and report the incident according to site procedures so it appears in any official records; preserving evidence and creating contemporaneous records supports accurate reconstruction of how the incident occurred. Next, preserve any physical evidence such as damaged clothing or equipment, request copies of incident reports and safety logs, and consider contacting an attorney for guidance on preserving records and evaluating potential claims outside of workers’ compensation. Early steps to protect evidence and obtain medical care strengthen your position whether pursuing administrative benefits, a third-party claim, or both, and they support accurate assessment of damages arising from the injury.

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

Yes, in many cases injured workers can receive workers’ compensation benefits while also pursuing a separate claim against a negligent third party that contributed to their injury, such as an equipment manufacturer or a contractor. Workers’ compensation provides no-fault benefits for medical care and partial wage replacement, and it does not preclude pursuing civil recovery from non-employers whose actions caused or aggravated the injury, though coordination of benefits and subrogation rights can affect ultimate recovery. It is important to understand how workers’ compensation interacts with civil claims because insurers or workers’ compensation carriers may have rights to reimbursement from any third-party recovery. Careful legal review helps protect the injured person’s interests while addressing these procedural and financial interactions so that any additional recovery from third parties appropriately compensates for losses beyond what workers’ compensation covers.

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

Statutes of limitations set deadlines for filing civil lawsuits in New York, and these deadlines vary depending on the type of claim, the parties involved, and whether the claim is against a governmental entity. For many personal injury claims against private parties, New York law typically requires a lawsuit to be filed within a set period after the injury, and failing to act within that timeframe can bar recovery, so reviewing deadlines early helps preserve your rights. If a governmental body or municipality may be liable, there are additional notice requirements and often shorter timeframes that must be met before a lawsuit can be filed, making timely legal assessment critical. Consulting with counsel promptly ensures that any required notices or filings are completed on time and that necessary investigative steps are taken before key evidence is lost or the statutory period expires.

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

Damages in construction injury matters commonly include compensation for past and future medical expenses, lost wages and reduced earning capacity, as well as noneconomic damages such as pain, suffering, and diminished quality of life when applicable under the law. Economic losses are supported by medical bills, pay records, and expert evaluations of future care needs, while noneconomic damages are proven through the record of pain, functional limitations, and impacts on daily activities. In some cases punitive or exemplary damages might be available if conduct was especially reckless under applicable standards, though those claims depend on specific facts and legal thresholds. A comprehensive damages assessment considers ongoing care, potential future surgeries or rehabilitation, and any vocational impacts that could affect lifetime earning potential and costs associated with adapting to long-term impairments.

How important is medical documentation in a construction injury claim?

Medical documentation is fundamental to construction injury claims because it establishes the nature and extent of injuries, links treatment to the incident, and provides an evidentiary basis for calculating financial recovery. Clear medical records, imaging reports, physician notes, and treatment plans make it possible to demonstrate causation and the reasonableness of future care needs, which are central to both negotiations with insurers and presentation to a court if litigation becomes necessary. Keeping a detailed treatment timeline, following recommended care, and obtaining copies of all records and bills helps ensure a claim reflects the full scope of loss. Consistent medical attendance and documentation also reduce the risk that insurers will dispute causation or argue that injuries are unrelated or preexisting, strengthening your position in settlement discussions or trial preparation.

Will comparative fault affect my ability to recover damages?

Comparative fault can reduce the amount of recovery if an injured party is found partially responsible for the accident; New York applies rules that may reduce damages in proportion to the injured person’s share of fault. This makes it important to identify and emphasize factors that shift responsibility to employers, contractors, or equipment manufacturers while addressing any facts that could be construed as contributory behavior by the injured person. Even when comparative fault is at issue, strong documentation of the site conditions, training records, safety protocols, and witness testimony can limit or counter arguments about the injured person’s contribution to the incident. Legal evaluation early in the process helps develop strategies to minimize any fault allocation and protect potential recovery under the applicable comparative fault rules.

What evidence is most helpful in proving liability at a construction site?

Helpful evidence in proving liability at a construction site includes photographs and video of the scene, incident or accident reports, maintenance and inspection records for equipment, safety plans, training records, and witness statements from coworkers or bystanders. Documentation showing failure to follow safety protocols, lack of proper equipment, or defective machinery can directly support a negligence claim by connecting unsafe conditions to the injury. Medical records, timesheets, and employer communications also support damage calculations and timelines linking treatment to the incident. Preserving physical evidence such as damaged clothing or broken equipment and obtaining contemporaneous statements from witnesses enhances credibility when presenting facts to insurers or a court and helps reconstruct events in a persuasive, fact-based way.

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

The length of time to resolve a construction injury claim varies widely depending on factors like the severity of injuries, complexity of liability issues, the willingness of insurers to negotiate, and whether the case proceeds to trial. Some claims can be resolved through negotiation within months if liability is clear and medical recovery is straightforward, while more complex disputes involving multiple parties or contested causation may take a year or longer to reach resolution. When cases proceed to litigation, additional months or years may be needed for court schedules, discovery, depositions, and trial, followed by any appeals. Throughout that timeline, maintaining clear records of ongoing treatment and adapting strategy to new developments helps preserve options for fair resolution while ensuring that recovery needs are documented for settlement or trial purposes.

Should I speak to an insurance adjuster after my injury?

It is important to be cautious when speaking to insurance adjusters after an injury because recorded statements or early concessions can be used to challenge claims about the severity, cause, or scope of injuries. Adjusters may seek quick statements to limit liability, so understanding your rights and the potential impact of an early conversation can protect evidence and preserve bargaining position during claim evaluation. You may provide basic factual information, but avoid speculating about fault or minimizing symptoms, and consider seeking legal advice before giving recorded statements. An attorney can advise on what information to share and may communicate with insurers on your behalf to ensure that your claim is handled appropriately while your treatment and documentation are ongoing.

What should I bring to an initial consultation about my construction injury?

For an initial consultation about a construction injury, bring available medical records, incident reports, photographs of the scene or injuries, contact information for witnesses, and any communications with employers or insurers. Pay records and documentation of time missed from work are also helpful for evaluating lost earnings, and preserving physical evidence or equipment involved in the accident can aid investigation if possible. If you received any written statements, notices, or forms from your employer or an insurer, bring those as well, as they can affect deadlines and benefits. Providing detailed facts about the incident and treatment timeline enables a thorough assessment of potential recovery options and next steps tailored to the specific circumstances of the injury.

Personal Injury Services in Floral Park

Explore our injury practice areas

⚖️ All Personal Injury Services