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Construction Site Injuries Lawyer in Forest Hills

Protecting Worker Recovery

Understanding Construction Site Injury Claims

If you or a loved one was hurt at a construction site in Forest Hills, you may be facing medical bills, lost income, and uncertainty about next steps. The Ahearne Law Firm PLLC assists people hurt in construction accidents throughout Queens County and greater New York, offering guidance on how to preserve evidence, report the incident, and evaluate whether a claim against a contractor, subcontractor, property owner, or equipment manufacturer is appropriate. We explain how insurance and workers’ compensation fit together and help clients understand timelines under New York law so they can move forward with confidence.

Construction site injuries often involve multiple potential responsible parties and overlapping insurance coverages, which can make recovery complicated. Our role is to help injured people identify liable parties, collect important documentation such as incident reports and medical records, and communicate clearly about options for seeking compensation. If you are unsure whether you should pursue a third-party claim in addition to or instead of a workers’ compensation claim, it is important to get a clear explanation of the tradeoffs involved. We are available by phone at (845) 986-2777 to discuss your situation and next steps.

Why Addressing Construction Injuries Matters

Addressing a construction injury promptly can preserve your ability to recover compensation for medical care, rehabilitation, lost wages, and other damages. Taking the right steps early — such as seeking medical attention, documenting the scene, and reporting the injury through the correct employer and regulatory channels — strengthens any claim and helps ensure bills are paid while your condition stabilizes. Beyond financial recovery, pursuing a claim can also help hold negligent parties accountable and reduce the risk of similar accidents for others on the site. A clear plan for evidence collection and claim timing improves the chances of a favorable outcome.

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

The Ahearne Law Firm PLLC represents people injured in construction accidents throughout New York, including Forest Hills and Queens County. Allan J. Ahearne, Jr. and the team handle matters that involve falls, struck-by incidents, equipment failures, and scaffolding collapses, coordinating evidence gathering, medical documentation, and communications with insurers and other parties. We aim to provide straightforward guidance about available legal pathways and work to secure timely access to compensation for care and lost earnings. If you need someone to explain the options and potential timelines, call the office to arrange a case review.

How Construction Site Injury Claims Work

Construction site claims often arise from negligence, unsafe work conditions, defective equipment, or inadequate training. Multiple parties may share responsibility, including general contractors, subcontractors, property owners, equipment manufacturers, and suppliers. In many cases, injured workers also have access to workers’ compensation benefits for medical care and wage replacement, but workers’ compensation does not always cover full damages such as pain and suffering or the portion of lost income not replaced. Understanding how these different claims interact and which route is most appropriate requires a careful review of the incident, the contracts in place, and relevant safety records.

New York law sets time limits for bringing personal injury claims, and those deadlines can vary depending on the type of claim and the parties involved. Preserving evidence promptly — such as photographs, witness statements, incident reports, and equipment logs — is essential to building a persuasive case. Insurance carriers for contractors and property owners will often investigate immediately, so having clear documentation and a consistent account of what happened helps protect your position. We work to identify responsible parties, coordinate with medical providers, and pursue recovery through the most appropriate legal avenue for each client.

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Key Terms and Glossary for Construction Claims

Negligence

Negligence refers to the failure to exercise reasonable care under the circumstances and is a central concept in many construction injury claims. To prove negligence, a claimant generally must show that a duty of care existed, that the duty was breached through action or omission, that the breach caused the injury, and that the injury resulted in damages like medical bills or lost wages. On a construction site, negligence might include failing to secure scaffolding, not providing required fall protection, using defective equipment, or inadequate supervision that leads to hazardous conditions.

Third-Party Claim

A third-party claim is a legal action brought against a party other than the injured worker’s employer, and it can provide compensation beyond workers’ compensation benefits. For example, if a subcontractor’s negligence or a property owner’s failure to maintain safe conditions caused an injury, the injured worker may pursue a third-party claim against those entities. Proving a third-party claim typically requires showing how the other party’s conduct contributed to the accident and establishing the damages suffered. This route can recover losses that workers’ compensation does not cover, such as pain and suffering or reduced future earning capacity.

Workers' Compensation

Workers’ compensation provides medical treatment and partial wage replacement to employees who are injured in the course of their employment, regardless of fault. Filing a workers’ compensation claim is often the first step after a construction accident, and it ensures access to necessary care and temporary income support. However, workers’ compensation benefits do not always replace full lost earnings or cover non-economic losses like pain and suffering. In certain circumstances injured workers can pursue additional civil claims against third parties whose negligence contributed to the accident.

Comparative Fault

Comparative fault is a legal principle that can reduce recoverable damages when the injured person bears some responsibility for the accident. Under New York’s comparative fault rules, a plaintiff’s recovery is diminished in proportion to their share of fault. For example, if an injured worker is found to be 20% at fault for failing to follow a safety procedure, any award or settlement could be reduced by that percentage. It is important to carefully document how the accident occurred and the actions of all parties to minimize the impact of any comparative fault assessment.

PRO TIPS

Document the Scene

After a construction site injury, take photographs of the area, equipment involved, visible injuries, and any warning signs or lack thereof. Collect contact information for witnesses and request any incident reports or logs from the site supervisor as soon as possible. Timely documentation preserves details that fade over time and helps create a clear record for medical providers, insurers, and anyone reviewing a potential claim.

Seek Prompt Medical Care

Even if an injury seems minor, seek immediate medical attention to diagnose hidden issues and begin necessary treatment. A medical record created soon after the accident provides critical evidence linking your injuries to the event and establishes the course of recovery. Follow prescribed treatment plans and keep copies of all reports and billing statements to document the full extent of medical care received.

Preserve Evidence and Communications

Keep any damaged clothing, tools, or equipment involved in the accident and store them in a safe place where they will not be altered. Save emails, texts, and correspondence related to the accident and do not delete messages from supervisors or insurers. Maintaining a contemporaneous log of symptoms, doctor visits, and communications can be invaluable when explaining the full impact of the injury during claim negotiations or litigation.

Comparing Legal Options After a Construction Injury

When a Full Legal Approach Is Advisable:

Multiple Potentially Liable Parties

Construction accidents often involve several entities that could bear responsibility, such as contractors, subcontractors, site owners, and equipment makers, which makes claim identification and evidence gathering complex. A comprehensive approach evaluates all possible avenues for recovery, including both workers’ compensation and third-party claims, and coordinates the necessary investigations to preserve relevant documentation. This broader review helps ensure that any responsible parties are identified and that the injured person receives a full accounting of potential compensation sources.

Serious or Long-Term Injuries

When injuries result in prolonged medical care, permanent impairment, or diminished earning capacity, a comprehensive approach ensures all future needs are considered in evaluating a claim. This involves obtaining medical opinions on prognosis, calculating long-term financial losses, and documenting ongoing care needs and adaptations. Taking a full view of the client’s recovery and economic impact helps pursue a recovery that accounts for future costs as well as immediate expenses.

When a Limited Approach May Be Appropriate:

Clear Workers' Compensation Coverage

If all necessary medical treatment and wage replacement can be obtained through workers’ compensation without dispute, and no third party appears liable, pursuing only the workers’ compensation claim may be a practical path. This is often faster and more straightforward, though it may not address non-economic losses. A focused approach can conserve time and resources when the facts do not support an additional civil claim.

Minor Injuries with Limited Damages

For injuries that require brief treatment and result in minimal lost wages or ongoing care, the expense and time of a third-party claim may not be justified. In such circumstances, resolving matters through workers’ compensation and routine insurance claims can be suitable. It remains important to document treatment and recovery, since even minor injuries can develop complications that change the appropriate course later on.

Common Situations That Lead to Construction Claims

Falls from Height

Falls from scaffolding, ladders, or roofs are among the most frequent construction injuries and often result from missing guardrails, unsecured platforms, or improper ladder use by employers or contractors. When a fall occurs, documenting site conditions, obtaining witness statements, and preserving safety inspection records can be vital to establishing what went wrong.

Struck-by Incidents

Workers who are struck by falling tools, shifting materials, or moving equipment can suffer traumatic injuries requiring immediate care and long-term rehabilitation. Identifying the source of the object and whether protocols were followed helps determine liability and supports a claim for the full measure of losses.

Scaffolding or Structural Collapse

Scaffolding failures and partial structural collapses can cause multiple injuries at once and often reflect broader safety lapses or defective equipment. Thorough investigation into inspection records, maintenance logs, and contractor responsibilities is essential to understanding how the collapse happened and who should be held accountable.

Forest Hills Construction Injury Attorney

Why Choose Ahearne Law Firm for Construction Injury Claims

The Ahearne Law Firm PLLC focuses on assisting people hurt in workplace and construction accidents across New York, including Forest Hills and Queens County. We provide clear guidance on next steps after an injury, help gather essential records, coordinate communications with insurers, and advise on whether a workers’ compensation claim, a third-party civil claim, or both are appropriate. Our priority is helping injured individuals secure timely access to medical care and pursue compensation that reflects the full impact of an accident on their lives and livelihoods.

When a construction accident results in ongoing medical needs or significant lost wages, having someone who understands local processes and deadlines can make a difference in preserving rights. We explain statute of limitations concerns, assist with required filings, and work to negotiate fair outcomes with insurers and opposing counsel. For those who prefer to proceed beyond negotiation, we also provide representation in court and handle the procedural aspects so clients can focus on recovery.

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FAQS

What should I do immediately after a construction site injury in Forest Hills?

Seek medical attention promptly, even if injuries seem minor at first, because some conditions develop or worsen over time and establishing a medical record quickly helps link treatment to the accident. Document the scene with photographs, collect witness contact details, and report the incident to the site supervisor or employer through the appropriate channels, asking for copies of any incident reports. Preserving physical evidence such as damaged clothing or tools and saving communications relevant to the accident strengthens your position when discussing recovery options with insurers or potential claimants. After immediate steps are taken, notify your employer about the injury and follow up on required workers’ compensation filings to secure medical care and wage benefits. Avoid giving recorded statements to insurers without understanding your rights, and keep a detailed log of symptoms, medical appointments, and how the injury affects daily life and work. Early and careful documentation preserves essential facts and supports any later claims against third parties or insurers.

Can I pursue a claim if I was partly at fault for my injury?

New York applies comparative fault rules, so if you were partly responsible for the accident your recovery may be reduced by your share of fault rather than barred entirely. For instance, if a factfinder determines you were partially at fault for failing to follow a safety procedure, your recoverable damages would likely be decreased by that percentage. It remains important to have documentation and witness accounts that explain the full circumstances to minimize any finding that reduces your recovery. Even when comparative fault applies, you may still recover compensation from other responsible parties, and workers’ compensation benefits may remain available regardless of fault for workplace injuries. Analyzing the relative responsibilities of contractors, subcontractors, property owners, and employers helps assess potential avenues for recovery and the likely impact of any shared fault findings on total compensation.

How does workers' compensation interact with a third-party claim?

Workers’ compensation provides access to medical care and partial wage replacement regardless of fault for covered employees injured on the job, and it is often the first source of benefits after a construction accident. Filing for workers’ compensation ensures treatment begins promptly and helps cover immediate expenses, but it generally does not compensate for non-economic losses like pain and suffering or for full wage replacement if your job cannot be resumed. Understanding what workers’ compensation will and will not cover is an important part of planning a recovery strategy. If a third party’s negligence contributed to the accident, you may have the right to file a separate claim against that party in addition to receiving workers’ compensation benefits. Recovering from a third party can provide compensation for losses not covered by workers’ compensation, but pursuing such a claim typically involves additional investigation to identify responsible parties and proof that their actions contributed to the injury.

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

Recoverable damages in construction injury claims can include medical expenses, past and future lost wages, rehabilitation and therapy costs, and in certain cases compensation for reduced earning capacity. Depending on the circumstances and the type of claim, compensation may also address out-of-pocket costs such as transportation to medical appointments, home modifications, and assistive devices. Documenting all financial impacts with bills, pay records, and expert assessments of future needs supports a full recovery calculation. In some claims, damages can also account for non-economic losses such as pain and suffering or loss of enjoyment of life, though the availability and calculation of these damages depend on the nature of the legal claim pursued. Establishing the severity and long-term implications of an injury through medical documentation and vocational assessments helps determine the appropriate scope of damages to seek.

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

For most New York personal injury claims, the statute of limitations is three years from the date of the injury, which means a lawsuit must generally be filed within that timeframe to preserve the right to seek civil damages. There are exceptions and variations depending on the parties involved, such as claims against municipalities or claims involving latent injuries, which can alter the applicable deadline. Timely action is important to avoid losing the ability to pursue a claim, so early consultation helps ensure deadlines are met. Workers’ compensation claims have separate reporting and filing requirements and deadlines, which must also be observed to maintain access to benefits. Reporting the injury to your employer and initiating any necessary claims promptly preserves benefits and provides time to evaluate whether additional third-party claims are appropriate before statutory deadlines expire.

Will my employer's insurance cover all my medical bills?

Employer-provided workers’ compensation insurance typically covers reasonable and necessary medical treatment for workplace injuries and provides partial wage replacement while you recover, even when the employer is not at fault. However, workers’ compensation may not cover all financial impacts, such as full lost earnings if you cannot return to your prior job or non-economic damages like pain and suffering. The scope of coverage depends on the treatment required and the specific workers’ compensation rules applicable to your case. If a third party contributed to the accident, pursuing a separate civil claim could recover additional compensation beyond what workers’ compensation provides. Coordinating workers’ compensation benefits with any third-party recovery is important because subrogation or repayment obligations may apply, and documenting all expenses ensures proper accounting and reimbursement planning throughout the claim process.

What evidence is most important for a construction injury claim?

Critical evidence for a construction injury claim includes photographs of the accident scene, equipment involved, and any hazardous conditions; witness contact information and statements; incident and maintenance records; and contemporaneous notes about the event and injuries. Medical records and bills, diagnostic imaging, and doctor notes that tie injuries to the accident are also essential, as they establish causation and the extent of damages. Preserving physical evidence, such as damaged protective gear or tools, can also be highly persuasive when proving how the accident occurred. Additionally, payroll records, timekeeping data, and documentation of lost earnings help quantify economic losses, while vocational or life-care-planning assessments can assist in proving long-term impacts. Collecting communications, safety policies, training records, and inspection logs can show whether required procedures were followed and who had responsibility for site safety, which is often central to demonstrating liability in construction claims.

How long will it take to resolve my construction injury case?

The timeline for resolving a construction injury case varies depending on factors such as the complexity of liability, the severity of injuries, the need for expert assessments, and whether the case settles or proceeds to trial. Simple workers’ compensation matters can resolve within months, whereas third-party civil claims that involve multiple defendants, detailed investigations, or contested liability can take a year or longer. Ongoing medical treatment and the need to determine long-term prognosis are common reasons some cases take more time to reach a fair resolution. Parties often engage in settlement discussions once liability is reasonably established and the injured person’s medical condition has stabilized enough to estimate future needs. While some matters settle through negotiation, others require formal litigation to reach resolution. Early case assessment and continuous communication about timelines and options help injured people make informed decisions about whether to pursue settlement or proceed to trial.

Do I need to speak with the site supervisor or insurance company?

It is important to report the injury to your employer and site supervisor according to company and regulatory procedures to trigger necessary medical care and incident documentation. When speaking with supervisors, focus on providing a clear account of what occurred without speculating or assigning blame, and request copies of any incident reports that are completed. Avoid giving recorded statements to insurance adjusters until you understand the implications and have had an opportunity to review your options. If an insurance company contacts you, be cautious about making detailed statements about fault or signing releases without understanding how those actions could affect future recovery. Preserving communications and consulting about responses helps ensure you do not inadvertently limit potential claims or provide information that undermines your position while still cooperating with legitimate investigations into the event.

How can I pay for medical care while my claim is pending?

While a claim is pending, workers’ compensation benefits are often the first source of funds for medical treatment and partial wage replacement, which can help cover immediate needs. If medical providers require payment upfront, many will accept payment plans or bills can be submitted to workers’ compensation once the claim is in process. Keeping careful records of medical expenses, receipts, and provider statements ensures that out-of-pocket costs can be accounted for in any eventual recovery. In some cases, coordination with medical providers, lien arrangements, or advance payments through settlement negotiations can address interim needs, but these require careful handling to preserve rights. Communicating with your medical providers about billing and the status of claims, and tracking all expenses, helps manage care and finances while pursuing a full resolution of the underlying claim.

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