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Construction Site Injuries Lawyer in Long Island City

Protecting Worker Rights

Long Island City Construction Injury Guide

If you were injured on a construction site in Long Island City, you may face mounting medical bills, lost wages, and uncertainty about your next steps. Ahearne Law Firm PLLC represents people hurt in construction accidents across Queens County and the Hudson Valley area, helping clients navigate insurance claims and potential third-party actions while protecting their legal rights. Allan J. Ahearne, Jr. and our team focus on clear communication, prompt investigation, and practical guidance so clients understand their options. Call (845) 986-2777 to discuss your situation and learn what steps to take to preserve evidence and move forward with a claim.

Construction sites present unique risks and multiple parties may share responsibility for an injury, including contractors, subcontractors, property owners, equipment manufacturers, and other workers. Whether the accident involved a fall, being struck by equipment, electrocution, or a trapped or crushed injury, a timely investigation can reveal key evidence such as safety records, site inspections, witness statements, and photographs. In Queens County and New York, time limits apply to bring claims, so contacting the firm promptly helps ensure claims are asserted on time and important evidence is preserved for the strongest possible outcome.

Benefits of Strong Legal Representation for Construction Injuries

Having experienced legal guidance after a construction injury helps injured people and families secure needed medical care, recover lost income, and pursue compensation for ongoing needs. The firm can coordinate with medical providers, collect and preserve evidence, identify liable parties beyond the employer, and negotiate with insurers who often try to minimize payouts. Attorneys can evaluate settlement offers, explain how workers’ compensation interacts with third-party claims, and pursue claims in court when negotiations do not resolve the matter fairly. This approach aims to reduce stress for injured individuals and allow focus on recovery while legal matters proceed efficiently.

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

Ahearne Law Firm PLLC serves clients throughout Long Island City, Queens County, and the Hudson Valley, focusing on personal injury matters including construction site incidents. Allan J. Ahearne, Jr. leads the firm’s work on behalf of injured people, emphasizing prompt client contact, thorough investigation, and personalized attention to each claim. The firm handles case preparation, evidence gathering, and negotiations with insurers, and advises on the interplay between workers’ compensation benefits and additional claims. Clients appreciate straightforward communication, responsiveness, and a commitment to protecting their rights and financial recovery after a traumatic workplace event.

Understanding Construction Site Injury Claims

Construction injury claims can arise under different legal frameworks depending on who is responsible and the nature of the injury. Workers’ compensation typically covers medical care and partial lost wages for employees regardless of fault, while negligence claims against third parties seek compensation for pain and suffering, full wage losses, and future care. Identifying liable entities may require review of contracts, jobsite supervision records, safety protocols, and maintenance logs. The attorney can help parse these options and decide whether a workers’ compensation claim, a third-party lawsuit, or both are appropriate given the facts of the accident and the identity of potentially responsible parties.

The typical claim process begins with preserving evidence at the site, obtaining incident reports, collecting witness accounts, and coordinating medical documentation. Investigations may include securing photographs, reviewing OSHA and safety inspection records, and consulting medical professionals to document the injury’s cause and effects. Negotiations with insurers often follow, and if a fair resolution is not achievable, a lawsuit may be filed. In New York, many personal injury claims must be brought within a limited time frame, commonly three years for negligence claims, so early action helps protect your right to seek full compensation.

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Key Terms and Glossary

Negligence

Negligence refers to a failure to use reasonable care that results in harm to another person. On a construction site this can include unsafe scaffolding, inadequate fall protection, improper equipment maintenance, or failure to follow safety protocols. To prove negligence in a claim, an injured person generally must show that a duty of care existed, that the responsible party breached that duty, and that the breach caused the injury and resulting damages. Evidence such as safety reports, witness testimony, and photographic documentation helps establish whether negligence occurred and who may be legally accountable for the harm.

Third-Party Claim

A third-party claim arises when someone other than the injured worker’s employer contributed to the accident, such as a subcontractor, equipment manufacturer, property owner, or general contractor. These claims are pursued in addition to or instead of workers’ compensation benefits in order to recover damages not covered by workers’ comp, including pain and suffering and full wage loss. Third-party cases require identifying the responsible party, proving negligence or defect, and showing a causal link to the injury. Proper documentation and timely investigation are essential to preserve claims against third parties who may otherwise deny responsibility.

Workers' Compensation

Workers’ compensation provides no-fault benefits to employees who suffer work-related injuries, covering medical treatment and a portion of lost wages, among other benefits. Because it is typically available regardless of fault, workers’ compensation can be a primary source of immediate care and financial support. However, workers’ comp may not fully compensate for pain and suffering or future lost earnings, which is why a separate claim against a third party may be pursued when another party’s negligence contributed to the injury. Navigating both systems requires careful coordination to protect all available recovery options.

Comparative Negligence

Comparative negligence is a legal doctrine used in New York that reduces an injured person’s recovery in proportion to their own share of fault. If a jury or judge finds that the injured worker was partly responsible for an accident, the total damages award will be reduced by that percentage of responsibility. For example, if total damages are calculated and the injured person is assigned a portion of the fault, their final compensation is adjusted downward accordingly. Understanding how comparative negligence may apply is important when evaluating settlement offers and deciding whether to pursue litigation.

PRO TIPS

Preserve Evidence Immediately

After a construction site injury, preserving physical and documentary evidence is one of the most important early steps you can take. Photograph the scene, injured areas, equipment involved, and any safety hazards, and collect contact information for witnesses while memories are fresh. Securing incident reports, employer notifications, maintenance logs, and any available surveillance footage helps create a clear record that supports your claim and protects important facts that may be lost over time.

Document Your Injuries

Keep thorough records of all medical treatment, appointments, diagnostic tests, prescriptions, and out-of-pocket expenses related to the injury. Maintain a journal describing symptoms, pain levels, functional limitations, and how the injury impacts daily activities and work duties. This documentation provides essential support for claims involving future care needs and non-economic losses and helps ensure accurate evaluation of damages during negotiations or litigation.

Seek Prompt Medical Care

Obtaining timely medical evaluation and treatment is vital both for your health and for supporting any legal claim. Early medical records create a clear link between the workplace incident and your injuries, and they establish a treatment timeline that insurers and courts rely upon. Follow prescribed care plans, attend appointments, and keep copies of all medical records to document the extent of your injuries and the recovery process.

Comparing Legal Options After a Construction Injury

When Comprehensive Representation Is Appropriate:

Complex Liability Issues

Comprehensive legal representation is often needed when the cause of the accident is unclear or when multiple parties may share responsibility, including contractors, subcontractors, and equipment providers. In these situations a full investigation into contracts, safety compliance, and on-site supervision is necessary to identify all potential defendants and avenues for recovery. Without that depth of review, important sources of compensation may be missed and injured people may be left with incomplete recovery for the harms they suffered.

Multiple Potential Defendants

When more than one party could be responsible for a construction accident, pursuing a claim requires coordinated legal strategy to preserve claims against each entity and to manage competing insurance defenses. Thorough legal work includes identifying contractual relationships, reviewing safety programs, and seeking expert opinion where appropriate to attribute fault. This comprehensive approach helps maximize recovery by ensuring liable parties are held accountable and by preventing time-sensitive claims from lapsing while the investigation proceeds.

When a Limited Approach May Be Appropriate:

Clear Worker’s Compensation Path

A more limited approach focused on workers’ compensation benefits may be appropriate when liability clearly rests with the employer and the primary need is prompt medical care and wage replacement. Workers’ compensation can provide immediate coverage for treatment and partial wage loss without establishing fault, which is useful for straightforward workplace injuries. However, this route may not address non-economic losses or long-term wage replacement, so evaluating whether to pursue additional claims against third parties remains important.

Minor Injuries with Quick Recovery

In cases where injuries are minor and recovery is rapid with minimal ongoing care, focusing on workers’ compensation and short-term remedies may be sufficient to cover medical costs and lost time from work. When long-term impacts and significant future expenses are unlikely, extensive third-party litigation may not be necessary and a streamlined approach can reduce legal costs and time. Each situation is different, and an early evaluation helps determine the most appropriate and efficient path forward.

Common Construction Site Injury Scenarios

Falls from Heights

Falls from scaffolding, ladders, roofs, or structural openings are among the most severe and frequent construction site incidents and often result in serious fractures, spinal injuries, or traumatic brain injury. Because these accidents may involve defective equipment, inadequate fall protection, or careless supervision, a careful review of safety practices and equipment inspection records is necessary to determine responsibility and to seek full compensation for medical care, rehabilitation, and long-term needs.

Struck-By Incidents

Being struck by falling tools, moving vehicles, or swinging equipment can cause blunt force trauma, fractures, and internal injuries that require substantial medical treatment and time away from work. Identifying hazards, maintenance failures, or operator errors can establish that another party’s negligence contributed to the accident, which may support a claim for damages beyond workers’ compensation benefits.

Electrocutions and Burns

Electrocution and severe burn incidents often lead to long recoveries, specialized medical care, and significant long-term impairment that affect a person’s ability to work and quality of life. Investigating whether safety precautions were followed, protective equipment was available, and electrical systems were properly maintained is essential to determine whether others may be liable and to pursue appropriate compensation for ongoing care and rehabilitation.

Long Island City Construction Site Injury Attorney

Why Choose Ahearne Law Firm for Construction Injuries

Ahearne Law Firm PLLC provides local representation with personal attention for people injured at construction sites in Long Island City and throughout Queens County. The firm prioritizes fast client contact, thorough investigation, and clear explanations of legal options, and works to coordinate medical care and evidence collection early in the claim. Allan J. Ahearne, Jr. guides each case through the claims process and keeps clients informed so they can make well-informed decisions about settlement offers, litigation, or pursuing third-party recovery when appropriate.

Clients benefit from a focus on communication, timely action, and practical assessment of damages and recovery strategies when deciding how to proceed after a construction injury. The firm handles cases on a contingency-fee basis, meaning you do not pay attorney fees unless there is a recovery, and we explain all fees and costs up front. We strive to resolve matters efficiently through negotiation where possible, while remaining prepared to pursue court action when a fair resolution cannot be reached through settlement.

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FAQS

What should I do immediately after a construction site injury in Long Island City?

Immediately after a construction site injury, prioritize your health by seeking prompt medical care and following medical advice. Report the incident to your employer according to workplace procedures and request a copy of any incident or accident report. Take photographs of the scene and your injuries, if possible, and collect contact information for witnesses. Preserving evidence early helps support any future claim and ensures that medical records document the connection between the workplace event and your injuries. Contacting legal representation early can help protect your legal rights and preserve time-sensitive evidence such as surveillance footage, safety logs, and maintenance records. An attorney can advise on the interplay between workers’ compensation and third-party claims, guide communications with insurers, and ensure that required notices and filings are made within applicable deadlines. Early legal involvement provides organization and direction while you focus on recovery.

Can I receive workers’ compensation and also sue a third party?

Yes. In many cases you can pursue workers’ compensation benefits while also bringing a separate claim against a third party whose negligence contributed to the accident, such as a subcontractor or equipment manufacturer. Workers’ compensation provides no-fault benefits for medical care and partial wage replacement, while a third-party claim seeks additional damages like pain and suffering and full wage loss. Coordinating both processes requires careful documentation and legal strategy to protect all available recovery options. Bringing a third-party action may involve different time limits and procedural requirements than workers’ compensation claims. An attorney can identify potential third-party defendants, preserve evidence, and pursue claims while ensuring that claims are not barred by procedural deadlines. This combined approach may increase the potential recovery beyond workers’ compensation alone.

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

In New York, the statute of limitations for most personal injury claims based on negligence is typically three years from the date of the accident, though certain cases may have different time limits. Probate or wrongful death claims may follow different schedules, and claims against certain public entities have shorter notice requirements. Because deadlines vary by claim type and defendant, prompt review of your case is essential to avoid losing the right to seek compensation. Delaying investigation can also jeopardize evidence and witness memories, making it harder to prove liability and damages. Contacting an attorney soon after the event helps ensure deadlines are met and evidence is secured, preserving the strongest possible foundation for your claim.

Will the insurance company pay for all my medical bills?

Insurance companies may cover many medical bills related to a workplace injury, but coverage and payment depend on whether the claim is through workers’ compensation or a third-party liability insurer. Workers’ compensation typically pays for treatment related to the workplace injury, while third-party liability insurance may be responsible for additional care if another party’s negligence caused the accident. Insurers sometimes dispute the extent or necessity of certain treatments, so documentation and persistence can be necessary to secure full payment. If insurers deny coverage or offer a settlement that does not cover your needs, legal action may be necessary to enforce payment or pursue a claim against a negligent third party. An attorney can help gather medical evidence, negotiate with insurers, and pursue litigation when required to obtain fair compensation for medical expenses and future care needs.

How is fault determined in a construction accident case?

Fault in a construction accident case is determined by examining evidence that shows whether a party breached a duty of care and whether that breach caused the injury. Evidence may include incident reports, witness statements, safety inspection records, maintenance logs, photographs, and expert testimony about industry standards. The presence of safety violations, inadequate training, or defective equipment can indicate another party’s responsibility for the accident. New York applies comparative negligence rules that may reduce a recovery if the injured person was partly at fault. Determining fault often involves a detailed factual investigation to allocate responsibility accurately and to present those findings during settlement discussions or in court if the case proceeds to trial.

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

Damages potentially recoverable after a construction injury may include past and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, and compensation for reduced quality of life or permanent impairment. In some cases, coverage for rehabilitation, assistive devices, and ongoing care is also part of the damages calculation. The specific damages available depend on the nature of the injury and the claims asserted against the responsible parties. An accurate damages assessment requires medical documentation, economic analysis, and consideration of long-term needs. Early evaluation and coordination with medical and vocational professionals help determine the appropriate categories of damages and support a claim for full and fair compensation.

Do I have to go to court to get compensation?

Many construction injury claims are resolved through negotiation and settlement without a trial, but some cases require court proceedings when insurers or defendants refuse to offer fair compensation. Preparation for litigation includes gathering evidence, consulting medical professionals, and building a clear legal theory of liability and damages. Being prepared to go to court can strengthen settlement negotiations by showing readiness to pursue a claim to verdict if necessary. Whether a case proceeds to trial depends on case complexity, the willingness of insurers to negotiate, and the strength of the evidence. An attorney can evaluate settlement offers, recommend whether to accept a resolution, and pursue litigation when it is in the client’s best interest to secure appropriate compensation.

How do you investigate a construction site accident?

Investigating a construction site accident typically begins with preserving the scene, taking photographs, and collecting witness contact information as soon as possible. The investigation may include reviewing incident reports, examining equipment maintenance histories, obtaining safety inspection records, and interviewing site supervisors and coworkers to reconstruct how the event occurred. Where necessary, technical or medical consultants may be retained to analyze causes of the accident and the relationship between the injury and site conditions. Securing documentary evidence quickly is important because records and physical conditions can change. A careful investigation aims to identify all responsible parties, document the causal chain of events, and gather the proof needed to support a claim for damages, whether through negotiation or litigation.

What if my employer says I was at fault for the accident?

If your employer suggests you were at fault, it does not automatically bar you from recovery, but it does affect how liability is evaluated in a claim. New York’s comparative fault rules permit recovery even when the injured person bears some responsibility, with damages adjusted according to the percentage of fault attributed. Employers and insurers may assert fault to limit liability, so thorough investigation and evidence are needed to counter inaccurate or incomplete accounts of the incident. Maintaining thorough medical records, witness statements, and site documentation helps challenge claims of worker fault and supports a fair allocation of responsibility. Legal counsel can assist in presenting a comprehensive factual record to insurers, opposing parties, or a court to maximize the potential recovery despite assertions of partial fault.

How much does a construction injury claim cost to pursue?

Most construction injury claims are handled on a contingency-fee basis, meaning attorney fees are paid only if there is a recovery through settlement or judgment. This arrangement allows injured people to obtain legal representation without upfront payment, while attorneys advance costs for investigations, expert consultations, and necessary filings. The specific fee percentage and any potential cost reimbursements are explained in a written agreement before work begins so clients understand the financial arrangement. Pursuing a claim does involve costs such as medical records, expert fees, and court filing expenses, but those costs are typically managed by counsel and recovered from any settlement or award when possible. A clear fee agreement and ongoing communication about costs help clients make informed decisions about proceeding with a claim.

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