Construction site injuries can change lives in an instant. If you were hurt on a job site in Newfane or elsewhere in Niagara County, it is important to understand your rights and the steps that help preserve your claim. The Ahearne Law Firm PLLC represents people hurt in construction accidents and can help you gather records, report injuries to the appropriate agencies, and pursue compensation through workers’ compensation or third-party claims when applicable. Contact Allan J. Ahearne, Jr. to discuss your situation and learn what actions should be taken now to protect your recovery and future well-being.
After a construction site injury, navigating claims and insurance paperwork can be overwhelming while recovering from physical harm. Legal assistance helps ensure deadlines are met and evidence is preserved, and can clarify whether a workers’ compensation claim, a third-party claim, or both are available. A guided approach improves the chance of recovering medical costs, lost wages, and other damages, while reducing the risk of an insurer undervaluing your claim. Having a legal plan also helps coordinate communication with medical providers and insurers so you can concentrate on your medical recovery while your claim is advanced efficiently and effectively.
Workers’ compensation is a statutory system that provides medical benefits and partial wage replacement to employees injured on the job regardless of fault. In New York, injured workers should report the injury promptly and file the necessary forms to begin benefits. Workers’ compensation typically covers reasonable and necessary medical treatment and compensation for lost earnings based on a formula tied to prior wages. There are limits to what workers’ compensation provides, so injured workers should evaluate whether additional recovery is possible through a third-party claim for losses not addressed by the workers’ compensation system.
Third-party liability refers to claims brought against parties other than an injured worker’s employer when their negligence contributed to the accident. Examples include claims against subcontractors, property owners, equipment manufacturers, or suppliers whose actions or defective products caused harm. These claims can seek compensation for pain and suffering, lost future earning capacity, and other losses not covered by workers’ compensation. Pursuing a third-party claim requires careful investigation to identify responsible parties and collect evidence that demonstrates negligence or defect and the causal link to the injury.
The statute of limitations is the legal deadline for filing a civil lawsuit, and it varies by claim type and jurisdiction. In New York, most personal injury lawsuits must be filed within three years from the date of the injury, though other specific rules can apply depending on the circumstances. Workers’ compensation claims use different administrative deadlines for reporting and filing claims through the compensation board. Missing these deadlines can severely limit options for recovery, so injured individuals should seek guidance promptly to understand the timelines that apply to their case and ensure all necessary filings are made on time.
OSHA sets federal workplace safety standards and conducts inspections to enforce requirements at construction sites; violations of these standards can support a claim by demonstrating unsafe working conditions. While OSHA enforcement and private claims are separate processes, documented safety violations, inspection reports, or citations can be powerful evidence when establishing negligence. Reporting hazards and cooperating with investigators may lead to corrective action, and records of safety violations can be incorporated into civil claims against responsible companies. Timely documentation of conditions and any communications about hazards can strengthen a case.
After a construction site injury, take immediate steps to document the scene and your injuries with photographs, detailed notes, and names of witnesses when it is safe to do so. Keep copies of all medical records, bills, incident reports, and any correspondence with insurers or employers, and organize these materials chronologically to simplify later review. These records provide the foundation for establishing how the accident occurred and what losses resulted, and they are essential when pursuing any type of claim or negotiating with an insurance carrier.
Seek appropriate medical treatment right away and follow the care plan recommended by your medical providers, as prompt documentation of injuries helps connect medical treatment to the workplace accident. Keep records of all visits, tests, treatment notes, and prescribed medications, and inform each provider that the injury occurred at work so the cause is clearly documented. Adhering to medical recommendations also supports claims for compensation by showing the steps taken toward recovery and the ongoing need for care when such needs exist.
Preserve any physical evidence related to the accident, such as clothing, tools, or equipment, and avoid discarding or altering items that could be relevant to determining what happened. Obtain copies of site logs, safety records, equipment maintenance histories, and communications about hazards when possible, and secure witness contact information for later statements. Preserving these materials prevents important details from being lost and strengthens the ability to show fault and damages in a claim or negotiation.
Complex liability often arises when multiple contractors, subcontractors, site owners, or manufacturers may share responsibility for an accident, requiring detailed investigation and coordination of claims. Handling multiple defendants and overlapping insurance policies demands careful analysis to determine the best path for recovery and to ensure no responsible party is overlooked. A thorough approach helps preserve claims against each potentially liable party and coordinates workers’ compensation benefits with any additional claims that may be available.
When injuries are severe or expected to cause long-term impairment, lost earnings, or ongoing medical needs, a comprehensive legal approach is often needed to secure full compensation that accounts for future costs. Calculating future medical expenses, vocational impact, and long-term financial losses requires review by medical and economic professionals to present a complete picture of damages. Comprehensive representation ensures that settlement discussions or litigation fully consider both present and anticipated losses to avoid shortchanging recovery.
A limited approach can be appropriate for relatively minor injuries where treatment is brief, medical costs are small, and fault is clear, allowing for a prompt resolution without extensive investigation. In those cases, handling paperwork, filing a workers’ compensation claim, and negotiating a straightforward settlement may meet the injured person’s needs without prolonged legal involvement. Deciding on a limited approach should follow an initial review to confirm that no additional claims or future complications are likely to arise.
When the facts clearly fall within workers’ compensation coverage and the benefits provided will address medical bills and lost wages, pursuing the administrative claim alone may be sufficient for many injured workers. Simple claims still require accurate reporting, proper medical documentation, and careful handling of benefit applications to avoid delays or denials. Even in straightforward cases, early guidance helps ensure all required steps are taken so benefits are received in a timely manner and records are preserved in case further claims become appropriate.
Falls from height are among the most serious construction injuries and can involve scaffolding, ladders, roofs, or fall protection failures, often leading to significant medical treatment and long recovery periods. Investigating the cause usually requires examining safety protocols, protective equipment, maintenance records, and whether fall protection was provided and properly used to determine responsibility and potential avenues for compensation.
Being struck by falling objects, moving equipment, or construction materials can cause fractures, head injuries, and other severe harm, making documentation of the scene and witness accounts essential for proving what happened. These incidents often implicate site management, load securing practices, or equipment operation procedures, and establishing fault may involve reviewing training records, equipment logs, and applicable safety rules.
Electrocutions and burns on construction sites may result from contact with live wiring, inadequate lockout/tagout procedures, or defective tools, and these injuries can require extensive medical care and long-term rehabilitation. Thorough investigation into safety compliance, equipment maintenance histories, and contractor practices helps determine whether negligence or defective equipment contributed to the incident and supports any related claims for compensation.
The Ahearne Law Firm PLLC focuses on helping individuals who have been injured in construction site incidents in Newfane and throughout New York. Our approach centers on clear communication, practical case planning, and attentive representation tailored to each client’s circumstances. We help clients understand deadlines, document injuries, and navigate benefit systems so that they can pursue fair recovery for medical costs and lost income while minimizing stress during recovery. Contacting our office early helps preserve important evidence and ensures your claim is handled proactively.
Immediately after a construction site injury, seek medical attention and follow the guidance of health care providers to document and protect your health, even if symptoms seem minor at first. Prompt treatment creates an important record linking the injury to the work incident, which supports any claim for benefits or damages. At the same time, report the injury to your employer according to company procedures and preserve evidence from the scene, including photographs and witness information. Early documentation of the accident scene, equipment, and communications can be essential for proving what happened and establishing responsibility for your losses.
Yes. In many cases, workers’ compensation benefits and a separate third-party claim can both be pursued when a non-employer party contributed to the injury. Workers’ compensation provides no-fault medical and wage benefits, while a third-party claim may address additional damages such as pain and suffering or lost future earnings that workers’ compensation does not cover. Coordinating these claims requires careful handling to ensure benefits are preserved and any subrogation or lien rights are addressed. Early review helps identify potential third-party defendants like subcontractors, property owners, or equipment manufacturers and ensures claims proceed without missing important deadlines.
In New York, the general statute of limitations for personal injury lawsuits is three years from the date of the injury, but different rules can apply in specific situations, so timing should be confirmed promptly. Missing the filing deadline can prevent a lawsuit from moving forward, so injured persons should act without delay to preserve their rights. Workers’ compensation and administrative claims have their own reporting and filing deadlines separate from civil lawsuits, so it is important to meet those administrative deadlines as well. An early case review helps identify all applicable timelines and ensures that necessary filings are completed on time.
Responsibility for a construction accident can rest with a variety of parties, including employers, general contractors, subcontractors, property owners, equipment manufacturers, and suppliers, depending on the circumstances. Determining who is liable requires investigating contractual relationships, site control, maintenance records, and safety practices to identify the party or parties whose actions or omissions contributed to the accident. Sometimes more than one party shares responsibility, and claims may be pursued against multiple defendants to recover full compensation. A careful factual investigation and review of site documentation and safety records are essential to identify all potential sources of recovery.
It is generally wise to be cautious when speaking to employer or insurer representatives after an injury because early statements can be used in investigations or to limit benefits. You should provide basic information required for emergency care and follow reporting procedures, but avoid making detailed or recorded statements about fault until you understand your legal position and the full extent of your injuries. Keeping communication to factual reports about the incident and seeking legal guidance before giving extended statements helps protect your rights. Your legal advisor can help manage communications with insurers and employers while you focus on recovery and obtaining proper medical treatment.
Medical records are among the most important pieces of evidence in a construction injury claim because they document the nature and extent of injuries, treatment received, and ongoing care needs. Detailed medical documentation provides the link between the accident and the injury and supports claims for medical costs, lost wages, and future care. Consistent follow-up care and clear records of diagnoses, tests, treatments, and physician opinions about prognosis and restrictions strengthen the case. Keeping copies of all medical bills, reports, and notes and informing each provider that the injury was work-related helps ensure a complete record for any claim.
Critical evidence in a construction site accident often includes photographs of the scene and injuries, witness statements, incident reports, equipment maintenance logs, safety inspection records, and medical documentation. These items help reconstruct what happened and identify any unsafe conditions or negligent practices that contributed to the accident. Preserving physical evidence, collecting contact information for witnesses, and obtaining copies of any site safety policies or emails about hazards are practical steps that strengthen a claim. Early evidence gathering is important because materials and memories can fade over time, so prompt action helps protect your position.
Many construction injury claims are resolved through negotiation and settlement because this approach can provide a timely resolution without the uncertainty and time of trial. The choice between settlement and trial depends on the strength of the evidence, the willingness of parties to negotiate fairly, and the injured person’s goals for compensation and closure. When a fair settlement cannot be reached, preparing for trial may be necessary to pursue full recovery, and having a legal advocate who can evaluate settlement offers and prepare litigation is important. The decision to settle or go to trial is made with input from the injured person after a thorough review of the facts and potential outcomes.
Future medical costs and lost wages are calculated by reviewing medical opinions about prognosis, expected future treatment needs, and the injured person’s age, occupation, and earning history. Economic and medical professionals may be relied upon to estimate future expenses and lost earnings capacity when injuries have long-term effects. These projections are supported by medical records, treatment plans, and documentation of work history to present a realistic estimate of future losses. Accurate estimates help ensure that any settlement or verdict fairly compensates for not only past expenses but also anticipated future financial impacts caused by the injury.
To start a claim with The Ahearne Law Firm PLLC, reach out by phone or email to provide basic details about the accident and your injuries so an initial review can be scheduled. We gather preliminary information, review applicable deadlines, and advise on immediate steps to preserve evidence and file any required reports. During the initial consultation, we explain how claims may proceed, what documentation is needed, and how our office can assist with filing workers’ compensation claims, investigating third-party liability, and negotiating with insurers. Calling (845) 986-2777 is the first step to get personalized guidance about your situation.
Explore our injury practice areas
⚖️ All Personal Injury Services