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 Niagara Falls

Protecting Your Recovery

Guide to Construction Site Injury Claims

If you were injured on a construction site in Niagara Falls, you face physical recovery, mounting bills, and legal questions about who is responsible. The Ahearne Law Firm PLLC focuses on helping people in New York recover losses after construction site accidents by investigating what happened, identifying responsible parties, and pursuing compensation through negotiations or litigation when necessary. Allan J. Ahearne, Jr. and the firm make themselves available to discuss your situation, explain possible legal pathways, and outline steps to protect your rights. Call (845) 986-2777 to start a conversation and learn your options for moving forward.

Construction site injuries can arise from falls, heavy equipment incidents, scaffolding failures, electrocutions, and more, and they often involve multiple potential defendants including contractors, subcontractors, property owners, and equipment manufacturers. Understanding how workers’ compensation intersects with third-party claims is important to maximize recovery for medical costs, lost wages, and ongoing care. From the moment an injury occurs, documentation and timely action can make a significant difference in the outcome. We help clients gather records, preserve evidence, and coordinate with medical providers while pursuing fair compensation for pain, functional loss, and economic impacts.

How Legal Support Strengthens Your Claim

Securing knowledgeable legal support after a construction site injury can improve the thoroughness of an investigation and the accuracy of damage calculations, helping ensure that all responsible parties and coverages are identified. A focused approach helps preserve evidence, obtain witness statements, and collect full medical documentation and employment records, which are vital when dealing with insurers who may undervalue or deny claims. Legal assistance also aids in managing communications with employers and insurance carriers so injured workers can focus on recovery while the firm develops a strategy to pursue fair compensation for current and future needs.

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

Ahearne Law Firm PLLC represents clients throughout New York, including Niagara Falls, in personal injury matters arising from construction accidents. Allan J. Ahearne, Jr. leads the firm’s efforts to investigate claims, identify liable parties, and pursue compensation for medical bills, lost income, and long-term needs. The firm focuses on practical, client-centered guidance—returning calls, explaining legal options in plain language, and working to resolve claims efficiently while protecting clients’ interests. If you are coping with an injury, the firm can assess potential legal avenues and advise how to preserve claims while you concentrate on healing.

Understanding Construction Site Injury Claims

Construction site injury claims often involve overlapping legal frameworks, including workers’ compensation benefits and the possibility of separate claims against third parties whose negligence contributed to the injury. Workers’ compensation can provide prompt medical coverage and partial wage replacement, but it may not cover all losses such as pain and suffering or long-term impairments. When another contractor, property owner, or equipment maker bears responsibility, pursuing a third-party claim can help fill those gaps. Understanding which path or combination of paths applies requires careful review of accident facts, employment relationships, and applicable insurance policies.

The process of developing a construction injury claim includes investigating the scene, securing photographs and witness statements, collecting medical records, and reconstructing how the accident occurred. Key issues often involve inspection of safety devices, maintenance records, training logs, and subcontractor contracts to determine who had responsibility for safe conditions. Prompt action is important because critical evidence can be altered or lost, and legal deadlines can limit options. A focused investigation helps build a clear narrative that supports recovery for both economic and non-economic harms stemming from the injury.

Need More Information?

Key Terms and Glossary

Workers' Compensation

Workers’ compensation is a no-fault insurance system that provides medical care and partial wage benefits to employees who suffer work-related injuries, regardless of who was at fault. It typically covers treatment costs, certain rehabilitation services, and a portion of lost earnings while recovery prevents a return to work. In many situations, accepting workers’ compensation prevents a direct lawsuit against the employer, but it does not bar actions against third parties whose negligence contributed to the injury. Understanding how workers’ compensation benefits interact with other claims helps injured workers pursue the fullest available recovery.

Third-Party Claim

A third-party claim is a legal action pursued against an entity other than an injured worker’s employer, such as a subcontractor, property owner, equipment manufacturer, or supplier, when their negligence or defective product contributed to the accident. These claims aim to recover damages not covered by workers’ compensation, including pain and suffering, full lost wages, and future care costs. Establishing a third-party claim involves proving that the third party owed a duty, breached it, and that the breach caused the injury. Careful investigation is required to identify who may be liable and which evidence will support the claim.

Negligence

Negligence refers to the failure to act with reasonable care under the circumstances, resulting in harm to another person. In construction injury cases, negligence can include improper maintenance, failure to provide safe equipment, lack of proper training, or ignoring safety protocols. To prove negligence, a claimant must show that a duty existed, that the duty was breached, and that this breach directly caused the injury and resulting damages. Comparative fault principles may also apply, which can reduce recovery if the injured person’s own actions contributed to the accident.

Liability and Fault

Liability and fault address who is legally responsible for an injury and the degree to which that party’s actions caused the harm. In construction settings, multiple parties may share responsibility, including contractors, subcontractors, property owners, suppliers, and equipment manufacturers. Determining liability requires examining contracts, safety practices, supervision, and applicable regulations. New York’s comparative fault rules may reduce recovery if the injured person bears some responsibility, so establishing clear evidence about how the incident occurred is essential to maximizing available compensation.

PRO TIPS

Preserve Evidence Immediately

After a construction site injury, take steps to preserve physical and documentary evidence as soon as it is safe to do so, including photos of the scene, damaged equipment, and any hazardous conditions that contributed to the accident. Gather contact information for coworkers and potential witnesses and make notes about exactly what happened while memories are fresh, because those details can be critical later on. Prompt preservation of evidence helps create a clearer record of liability and supports a stronger claim for recovery across medical and economic categories.

Report the Injury Promptly

Notify your employer of the injury as soon as possible and ensure an incident report is filed according to workplace policies, because timely reporting is often required to secure workers’ compensation benefits and preserve legal rights. Seek medical attention immediately, and request copies of all treatment records and diagnostic testing to document the nature and extent of injuries. Prompt reporting and medical documentation also establish a clear timeline that can be important when pursuing any additional claims against third parties or dealing with insurers.

Seek Medical Care and Keep Records

Obtain comprehensive medical care after a construction accident and follow recommended treatment plans, because medical records are primary evidence used to prove the severity of injuries and the need for future care. Keep detailed records of all appointments, prescriptions, therapy sessions, and out-of-pocket costs, including transportation and accommodations for treatment, to document economic losses. Clear and consistent medical documentation supports claims for both current expenses and long-term needs, helping ensure that compensation addresses the full scope of harm.

Comparing Legal Options After a Construction Injury

Why a Comprehensive Approach Matters:

Severe or Catastrophic Injuries

When an injury results in long-term disability, significant surgeries, or ongoing care, a comprehensive legal approach helps ensure that all present and future needs are accounted for when seeking compensation. This approach includes careful calculation of future medical costs, lost earning capacity, and the indirect economic effects on family life, along with persistent pursuit of all liable parties and insurance coverages. Thorough preparation of a case increases the likelihood that settlement or verdict reflects the full scope of the harm and the resources required for long-term stability.

Complex Liability Among Contractors

Construction projects frequently involve multiple contractors and subcontractors, and responsibility for safe conditions can be split among several entities, making liability questions complicated and fact-intensive. A comprehensive approach seeks to identify every potentially responsible party and review contracts, safety records, and supervision practices to determine where legal responsibility lies. By thoroughly investigating all angles, claimants can pursue compensation from the full set of liable parties rather than settling prematurely with a single source that may not cover all damages.

When a Limited Approach May Be Enough:

Minor Injuries with Clear Fault

For relatively minor injuries where fault is obvious and full recovery is expected with short-term care, a focused approach that handles immediate medical bills and short-term lost wages may be sufficient for resolving the claim. In such cases, pursuing quick resolution through workers’ compensation or direct negotiation with an insurer can reduce delay and allow the person to move forward without prolonged litigation. It is still important to document treatment and any out-of-pocket costs carefully, because even seemingly minor injuries can reveal complications later on.

Straightforward Workers' Comp Claims

When the circumstances clearly fall within workers’ compensation coverage and there is no viable third-party claim, a streamlined path focused on securing benefits, timely medical care, and wage replacement can meet the injured person’s needs. In such situations, efficient handling of benefit filings and appeals, if necessary, often leads to appropriate coverage for bills and short-term income loss. Even then, keeping thorough records and maintaining communication with medical providers and the employer helps ensure benefits continue without unnecessary disruption.

Common Situations Leading to Construction Site Injuries

Falls from Height

Falls from scaffolding, ladders, roofs, and other elevated work areas are among the most frequent causes of serious injury on construction sites and can result in fractures, spinal injuries, and traumatic brain injuries that require extensive medical care. Protecting a claim after such an incident requires documenting the condition of fall protection equipment, worksite safety practices, and whether required training and guardrails or harnesses were provided.

Struck by Falling Objects

Workers struck by falling tools, materials, or debris can suffer blunt force injuries, lacerations, and head trauma that necessitate immediate care and follow-up procedures, and recovery may involve multiple specialists and rehabilitation. Investigations should focus on securing the scene, identifying the source of the falling object, and determining whether proper securing and containment practices were followed.

Electrocutions and Burns

Contact with energized systems, exposed wiring, or improperly grounded equipment can cause electrocutions and burns that create complex medical needs and long recovery times, often requiring specialized treatment and ongoing therapy. Establishing liability often involves inspection of electrical installations, equipment maintenance records, and adherence to safety codes and protocols to determine whether preventable hazards were present.

Construction Injury Attorney Serving Niagara Falls

Why Choose Ahearne Law Firm for Your Claim

The Ahearne Law Firm PLLC handles construction injury matters for clients in Niagara Falls and across New York with a client-focused approach that emphasizes clear communication and practical strategies to pursue recovery. Allan J. Ahearne, Jr. and the firm review the facts of each case, advise on interactions with employers and insurers, and work to coordinate medical documentation and claim filings. The goal is to help clients secure compensation for medical treatment, lost income, and ongoing needs while minimizing stress and uncertainty during recovery and claim resolution.

From the initial consultation through resolution, the firm prioritizes accessibility and responsiveness, returning calls promptly and keeping clients informed about developments. The team assists with evidence preservation, witness interviews, and coordination with treating medical professionals to document injuries and treatment plans. Whether negotiating a fair settlement or preparing for litigation, the firm works to protect clients’ interests and pursue a resolution that addresses both immediate costs and long-term impacts of a construction site injury.

Schedule a Free Review

People Also Search For

Niagara Falls construction accident lawyer

construction site injury attorney New York

workers compensation construction injuries

third party construction accident claim Niagara

scaffolding fall injury lawyer

electrocution injury attorney Niagara Falls

construction equipment accident claim

Niagara County construction injury law firm

FAQS

What should I do immediately after a construction site injury in Niagara Falls?

Immediately after a construction site injury, your first priority should be obtaining necessary medical care for injuries, even if they seem minor, because early documentation of treatment is essential to support any claim. Notify your employer about the incident and make sure an incident report is filed according to workplace procedures, and gather contact information for any witnesses. If possible and safe, take photos of the scene, equipment, and any hazardous conditions that contributed to the injury to preserve evidence for later review. After addressing urgent medical needs, keep detailed records of all treatment, expenses, and communications related to the accident, including time off work and rehabilitation appointments. Protecting documentation and contacting a law firm to review potential workers’ compensation benefits and any third-party claim options helps ensure you do not miss important deadlines and that evidence is preserved while memories and conditions remain fresh for investigation.

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

Yes. Accepting workers’ compensation benefits does not necessarily prevent you from pursuing a separate claim against third parties who contributed to your injury, such as equipment manufacturers, subcontractors, or property owners. Workers’ compensation provides prompt medical coverage and partial wage replacement, but it typically does not compensate for pain and suffering or full economic losses, which a successful third-party claim can address. Identifying potential third parties requires investigating who controlled the site, equipment, or safety measures at the time of the incident. When pursuing a third-party claim while receiving workers’ compensation, coordination is important to avoid conflicts between claims and to ensure benefits and potential recoveries are handled properly. Timely legal review can identify viable third-party defendants and preserve evidence needed to support the claim, while also advising on how workers’ compensation liens or benefit subrogation might affect any recovery from a third party.

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

In New York, time limits for filing claims vary depending on the type of action, so it is important to act promptly to preserve your rights. For personal injury claims against third parties, the statute of limitations commonly allows two years from the date of the accident to file a lawsuit, but there are exceptions and different deadlines for claims against government entities or other specific defendants. Workers’ compensation claims also have procedural deadlines that must be met to secure benefits, so prompt reporting and filing are essential. Because deadlines can differ by claim type and defendant, it is wise to consult with a law firm early to determine which limitations apply to your situation and to start any necessary filings before time runs out. Early investigation also helps preserve critical evidence and witness testimony that supports the claim, reducing the risk that important facts will be lost before action is taken.

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

Damages in construction injury cases can include economic losses such as current and future medical expenses, lost wages, diminished earning capacity, and out-of-pocket costs related to treatment and recovery. Non-economic damages can compensate for pain and suffering, loss of enjoyment of life, and emotional distress resulting from the injury, depending on the circumstances and type of claim pursued. In catastrophic cases, damages may also cover long-term care costs and modifications to living arrangements to accommodate disabilities. Quantifying these damages requires thorough documentation of medical treatment, employment and income records, and expert evaluations for future needs and vocational impact when appropriate. Careful preparation of medical and economic evidence helps ensure that settlement negotiations or trial presentations reflect both the immediate and long-term financial and personal consequences of the injury.

Will my employer retaliate if I file a claim?

Federal and state laws prohibit employers from retaliating against workers who report injuries or pursue benefits, but concerns about retaliation are common and can cause stress for injured workers. Retaliatory actions might include wrongful termination, discriminatory treatment, or changes in job assignments, all of which are unlawful if taken for filing a claim or reporting safety violations. Documenting all communications and any adverse actions by the employer can help establish a record if retaliation occurs and legal action becomes necessary. If you believe you are being retaliated against, it is important to report the conduct and consult with a law firm to explore remedies that protect your rights. Legal guidance can help you understand protection options, pursue complaints with appropriate agencies, and, if needed, seek compensation or reinstatement through the courts while addressing the primary injury claim.

How is fault determined in a construction accident involving multiple contractors?

Fault in construction accidents involving multiple contractors is often determined by examining contracts, job site responsibilities, safety supervision, and actual acts or omissions that led to the harm. Investigators review who controlled the worksite, who supplied or maintained equipment, and whether safety protocols were followed by each party. Evidence such as maintenance records, training logs, subcontractor agreements, and witness statements plays a central role in assigning liability among multiple entities. Comparative fault principles may apply if an injured worker’s actions contributed to the accident, which can reduce the amount of recovery based on the percentage of fault assigned. Establishing a clear allocation of responsibility often requires detailed review of documentary evidence and sometimes testimony from safety and industry professionals to explain standard practices and breaches that led to the incident.

Do I need to report the injury to OSHA or another agency?

Reporting certain construction accidents to OSHA or local safety agencies may be required, especially when incidents involve fatalities, amputations, loss of an eye, or hospitalizations beyond a specific threshold, and reporting can trigger safety inspections and records that document the conditions leading to the injury. Even when reporting is not mandatory, notifying regulatory bodies can create official records and prompt inspections that preserve evidence and support claims about unsafe conditions. Knowing when and how to report is an important part of protecting legal rights and public safety. A law firm can advise on whether a report to OSHA or another agency is appropriate in your case and assist with the process to ensure compliance with reporting requirements. Coordination with regulatory reporting helps preserve investigative findings and may provide additional documentation that strengthens claims against responsible contractors or employers.

How are future medical needs and lost earning capacity calculated?

Calculating future medical needs and lost earning capacity involves projecting the course of recovery, potential complications, necessary ongoing care, and the impact of the injury on the person’s ability to work. Medical professionals, vocational analysts, and life-care planners are often consulted to estimate long-term treatment costs, rehabilitation needs, assistive devices, and any required home modifications, as well as how the injury may reduce future earning potential. These assessments are used to quantify fair compensation for ongoing medical and economic needs attributable to the injury. Presenting credible projections requires thorough medical documentation, records of past earnings, and input from appropriate professionals who can translate clinical findings into financial terms. Detailed preparation of these elements supports negotiations and trial presentations, making it more likely that recovery reflects both immediate losses and the long-term burdens created by the injury.

What role do medical records and witness statements play in my case?

Medical records and witness statements form the backbone of most construction injury claims because they document the nature and extent of injuries and how the accident occurred. Medical documentation provides objective evidence of diagnoses, treatments, and prognoses, while witness testimony can corroborate details about the scene, equipment conditions, work practices, and responsible parties. Together, these elements create a cohesive narrative that supports assertions of liability and damages in negotiations and in court if litigation becomes necessary. Collecting and preserving these materials promptly is important because records can be lost and memories can fade; early interviews and requests for medical records ensure that key evidence is secured. A law firm can assist in obtaining medical records, locating and interviewing witnesses, and organizing testimony and documentation to present a persuasive case on behalf of an injured person.

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

The time to resolve a construction injury claim depends on the complexity of the case, the severity of injuries, and whether liability is disputed or multiple defendants are involved. Simple workers’ compensation matters or straightforward third-party settlements may be resolved in a matter of months, while more complex cases that require extensive discovery, expert testimony, or trial preparation can take a year or longer to reach resolution. The timeline also reflects the need to establish the full extent of damages, which sometimes requires waiting until the course of treatment becomes clearer. A firm can provide an initial assessment of likely timelines after reviewing the facts, medical records, and potential defendants, and can work to expedite resolution through negotiation where appropriate. While some delay may be unavoidable to properly document future needs and prepare evidence, efficient case management and early investigation can shorten the path to a fair outcome.

Personal Injury Services in Niagara Falls

Explore our injury practice areas

⚖️ All Personal Injury Services