Construction work in Far Rockaway and across Queens presents unique hazards that can lead to serious injury. If you or a loved one were hurt on a job site, you face medical care, lost income, and insurance complexities while trying to recover. The Ahearne Law Firm PLLC, led by Allan J. Ahearne, Jr., represents people injured in construction incidents and can help identify responsible parties, preserve evidence, and explain options under New York law. Calling the firm at (845) 986-2777 early can protect important deadlines and help you understand the next steps following a workplace accident.
Pursuing a construction injury claim can protect your ability to recover for medical bills, lost income, and ongoing care needs. Legal representation helps ensure preservation of evidence at the scene, coordinated collection of medical documentation, and communication with insurers so you do not inadvertently reduce your entitlement. A lawyer will identify all potentially liable parties, whether an employer, subcontractor, equipment manufacturer, or property owner, and pursue claims that best reflect your losses. Taking timely legal steps also helps safeguard against missed deadlines under New York law and promotes an organized approach to settlement evaluation or litigation if needed.
Negligence is the legal concept used to hold a person or company responsible for harm caused by careless or unreasonable behavior. To prove negligence, a claimant typically shows that the responsible party owed a duty of care, breached that duty by acting or failing to act in a reasonable manner, and that the breach caused the injury and resulting damages. In construction settings, negligence can arise from unsafe work practices, lack of proper scaffolding, inadequate training, or failure to warn of hazards. Establishing these elements requires evidence such as site photos, maintenance records, and witness testimony.
A third-party claim is a legal action against someone other than an injured worker’s employer when that third party’s negligence contributed to the accident. For example, a subcontractor operating heavy equipment, a property owner who ignored unsafe conditions, or a manufacturer of defective equipment may be pursued in a third-party lawsuit. These claims can provide recovery for losses not covered by workers’ compensation, including pain and suffering and additional economic damages. Identifying the correct third parties and documenting their role in the incident is essential to a successful claim.
Workers’ compensation is the no-fault insurance system that provides medical benefits and partial wage replacement to employees injured on the job, regardless of fault. In most construction workplace injuries, workers’ compensation covers reasonable medical care and a portion of lost earnings while the injured worker recovers. Filing a workers’ compensation claim is a separate process from pursuing a third-party lawsuit, and it does not prevent a worker from pursuing additional claims against responsible nonemployer parties. Understanding the benefits available and how they coordinate with other claims is an important part of planning recovery.
The statute of limitations is the legal deadline for filing a lawsuit and varies by claim type and jurisdiction. In New York, time limits differ between personal injury lawsuits and workers’ compensation filings, and certain circumstances can pause or shorten those deadlines. If a claimant waits too long to file, the right to pursue recovery can be lost. Because these time limits are governed by statute and can be affected by the facts of each case, early consultation and action help ensure claims are filed within the applicable period and preserve the right to pursue full recovery.
After a construction site injury, take steps to preserve evidence that supports your claim, such as photographs of the scene, damaged equipment, and visible injuries. Secure contact information for witnesses and make a written record of events while memory is fresh, and report the incident to the employer so there is an official record. Prompt preservation of evidence increases the likelihood that the facts of the incident can be verified later during investigation or settlement discussions.
Obtain medical attention as soon as possible so injuries are properly diagnosed and treated, and so your medical records reflect the connection between treatment and the workplace event. Follow recommended care, keep appointments, and retain copies of medical bills, diagnoses, and treatment plans to document the scope of your injuries. Timely medical care also helps establish a clear record for claims and supports accurate evaluation of damages during negotiations or court proceedings.
Record the conditions that led to the injury, including photos of equipment, scaffolding, guardrails, and ground conditions, and save any incident reports or employer communications. Maintain a timeline of treatment and communications with insurers or employers, and keep copies of pay stubs and work schedules to document lost earnings. Careful documentation helps identify liable parties and quantifies the economic impact of the injury when pursuing recovery.
A comprehensive legal approach is appropriate when injuries are severe, result in long-term care needs, or produce permanent impairment that affects future earning capacity and daily life. These cases often require detailed medical evidence, life care planning, and careful valuation of future losses, which can be complex to calculate without a structured legal strategy. Pursuing a full claim ensures all potential sources of recovery are considered and that the long-term financial consequences of the injury are addressed in settlement or litigation.
When more than one party may have contributed to the accident, a comprehensive approach helps identify and pursue each potentially responsible entity, from subcontractors to equipment manufacturers and property owners. Coordinating claims against multiple defendants often requires more extensive investigation, depositions, and legal filings to hold the proper parties accountable. A comprehensive claim strategy seeks to maximize recovery by addressing liability across all responsible parties and ensuring that settlements reflect the full scope of the injury.
A more limited approach can be reasonable when injuries are minor, expected to resolve quickly, and the financial impact is minimal, such that a prompt workers’ compensation claim or direct insurance negotiation will cover the losses. In those instances, a simple claim process and focused documentation may resolve matters efficiently without prolonged investigation. That said, even seemingly minor injuries can have unforeseen complications, so keeping careful records and obtaining medical follow up remains important to protect recovery.
If the facts clearly call for workers’ compensation benefits and there is no indication of a third party at fault, the administrative workers’ compensation process can provide timely medical coverage and wage replacement. In those circumstances, the limited approach focuses on securing the benefits available and returning to work when medically appropriate. Even then, documenting the event and discussing potential third-party issues is wise to ensure full recovery options are preserved.
Falls from scaffolds, ladders, roofs, or unfinished structures are a leading cause of serious injury on construction sites and can result in fractures, spinal injuries, and head trauma that require extended medical care and rehabilitation. Proper investigation into safety equipment, training, and site conditions helps determine liability and supports claims for medical costs, lost wages, and other damages stemming from such incidents.
Workers and bystanders can be struck by falling tools, building materials, or moving equipment, leading to traumatic injuries that may require emergency treatment and ongoing care. Documenting equipment maintenance, securing debris zones, and gathering witness accounts assist in establishing how the impact occurred and which parties may be responsible for resulting losses.
Contact with live electrical lines, improper grounding, or combustible materials can cause electrocutions and thermal injuries that produce complicated medical needs and long recovery periods. Detailed medical documentation and technical investigation into safety protocols and equipment condition are necessary to determine accountability and to pursue compensation that addresses both immediate and long-term consequences of such injuries.
Ahearne Law Firm PLLC focuses on helping people injured in construction incidents in Queens and across New York. The firm provides direct communication, thorough case review, and assistance assembling medical records, witness statements, and site documentation needed to support claims. Allan J. Ahearne, Jr. and the team work to explain the legal options available, coordinate with medical providers, and advocate for fair consideration from insurers and opposing parties so injured clients can concentrate on recovery while their claim is advanced.
Immediately after a construction site injury, obtain medical care to address any urgent health needs and to create a medical record linking treatment to the incident. If it is safe to do so, document the scene with photographs, note hazardous conditions, and collect contact information for witnesses. Report the injury to your employer so there is an official incident record and preserve any clothing or equipment involved in the accident. After addressing immediate medical needs, keep copies of all medical records, bills, and communications related to the injury and consider consulting a law firm to review potential claims and deadlines. An early review helps determine whether workers’ compensation covers your losses and whether a third-party claim may be available against nonemployer parties that contributed to the accident.
As an employee injured on a construction site, you will generally have access to workers’ compensation benefits that provide medical coverage and partial wage replacement without proving fault. Workers’ compensation typically covers work-related injuries regardless of who was at fault, and claims must be filed through the appropriate administrative channels to secure those benefits. In addition to workers’ compensation, you may be able to pursue a separate claim against third parties whose negligence contributed to the accident, such as subcontractors, equipment manufacturers, or property owners. Pursuing a third-party claim can recover damages not available through workers’ compensation, but these claims require a timely investigation to identify liable parties and to preserve evidence for negotiation or litigation.
Time limits for filing claims vary by the nature of the claim and are governed by statutes of limitations and administrative deadlines in New York. Personal injury claims against private parties typically must be filed within a set period after the incident, and workers’ compensation filings follow different timelines and procedures. Missing these deadlines can forfeit the right to pursue recovery under that claim type. Because the applicable time limits depend on the facts of each case, including whether a government entity is involved, it is important to seek a legal review as soon as possible. A prompt evaluation ensures that any necessary filings are made within the required timeframes and that evidence is preserved while it is still available.
Liability for a construction site injury can rest with multiple parties depending on the circumstances, including employers, general contractors, subcontractors, property owners, and manufacturers of defective equipment. Determining responsibility requires investigation into who controlled the worksite, maintained equipment, or created unsafe conditions that led to the accident. Identifying every potentially liable party is important for a full recovery because different defendants may have different insurance coverage and financial resources. A careful review of contracts, safety logs, maintenance records, and witness statements helps reveal which parties played a role and supports valid claims against those entities.
Medical bills for a work-related construction injury are often covered initially through workers’ compensation benefits, which provide for necessary medical treatment and partial wage replacement while a worker recovers. Filing a timely workers’ compensation claim helps ensure providers are paid and that care continues as needed for recovery. If a third party caused the injury, a separate claim against that party may provide additional compensation for medical expenses, future care needs, pain and suffering, and other losses not covered by workers’ compensation. Coordinating benefits and claims requires careful documentation of medical treatment and its relationship to the workplace incident.
Fault in a construction accident is assessed by examining the conduct of the parties and whether their actions or inactions created an unreasonable risk of harm. Investigators will look at safety practices, training, equipment maintenance, compliance with regulations, and eyewitness accounts to determine whether a party breached a duty of care that caused the injury. Technical evidence, such as maintenance records, safety logs, and expert analyses, often plays a role in establishing fault in complex construction cases. Gathering this information promptly and preserving the scene help build a clear picture of causation and the degree to which each party contributed to the accident.
Compensation in a construction injury claim can include reimbursement for past and future medical expenses, lost wages and lost earning capacity, and non-economic damages such as pain and suffering when a third-party claim is available. The specific categories of recoverable damages depend on the claim type and the facts of the case, with workers’ compensation providing certain benefits and third-party claims offering broader recovery possibilities. Calculating damages requires documentation of medical care, income loss, and the ways the injury affects daily life and future earning ability. Demonstrating the extent of economic losses and life impact through medical records, employment history, and expert assessments supports a more complete valuation of the claim during negotiations or at trial.
You should be cautious when speaking with an insurance company after a construction injury, as insurers may seek recorded statements or other information that could affect the value of a claim. It is important to provide necessary facts for processing a workers’ compensation claim or basic claim forms, but avoid providing detailed statements about liability or the severity of injuries without legal guidance. Consulting with a law firm before giving recorded statements or signing releases can help protect your interests and ensure communications do not compromise your claim for full recovery. Legal assistance helps manage communications with insurers while preserving the documentation needed to support medical bills, lost wages, and other damages.
The duration of a construction injury claim varies widely depending on the case complexity, severity of injuries, number of parties involved, and whether the claim settles or proceeds to litigation. Some workers’ compensation claims resolve relatively quickly when medical treatment and return-to-work timelines are straightforward, while third-party claims involving significant damages or contested liability can take many months or longer to resolve. Factors such as the need for medical recovery, collection of evidence, depositions, expert reports, and court schedules affect timelines. Early preservation of evidence and proactive case management help move claims forward efficiently, but clients should expect that complex matters may require extended time to reach fair resolution.
Ahearne Law Firm assists injured clients by evaluating the facts of the construction incident, advising on workers’ compensation and third-party claim options, and helping assemble the documentation needed to support recovery. The firm coordinates collection of medical records, witness statements, and site evidence, and communicates with insurers and opposing parties to pursue appropriate compensation while you focus on recovery. The firm also explains applicable deadlines, the likely procedural steps for each claim type, and practical strategies for negotiating settlements or pursuing litigation if necessary. Early contact with the firm helps protect legal rights and ensures timely action to preserve evidence and meet filing requirements that affect the outcome of a claim.
Explore our injury practice areas
⚖️ All Personal Injury Services