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Construction Site Injuries Lawyer in South Glens Falls

Protecting Your Recovery

Comprehensive Guide to Construction Injury Claims

Construction site injuries can change a person’s life in an instant, and residents of South Glens Falls deserve clear information about their rights and options. If you or a loved one suffered harm on a worksite, understanding how claims work, what deadlines apply, and which parties may be responsible is essential to protect recovery and long-term care. The Ahearne Law Firm PLLC in Hudson Valley represents people injured in construction accidents and focuses on helping clients navigate claims while coordinating with medical providers and insurers to document injuries and losses thoroughly.

After a construction accident, taking timely steps matters for both medical outcomes and legal claims. Reporting the incident to the site supervisor, seeking prompt medical attention, and preserving evidence such as photos and witness names builds a stronger factual record. The firm can explain how New York rules about workers’ compensation and third-party liability may apply, and how to balance claims that run in parallel. We aim to help clients understand possible paths forward and the practical steps needed to pursue fair compensation for medical bills, lost income, and other losses.

Why Addressing Construction Injuries Early Helps

Addressing a construction injury promptly helps preserve health, evidence, and legal options. Early attention to medical care improves recovery prospects and creates a medical record that supports any later claim for compensation. Acting quickly to report the accident, collect witness statements, and document the scene prevents loss of critical information. Legal guidance early in the process can clarify whether a claim belongs in workers’ compensation, a third-party lawsuit, or multiple venues, helping to align medical care, benefit claims, and potential recovery strategies in a way that protects rights and future financial stability.

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

Ahearne Law Firm PLLC serves clients across the Hudson Valley, including South Glens Falls and Saratoga County, in personal injury matters arising from construction sites. Allan J. Ahearne, Jr. leads the firm in representing injured individuals and works to secure documentation, coordinate medical treatment, and pursue appropriate claims against responsible parties. The firm focuses on practical, client-centered advice and clear communication about the process, timelines, and likely outcomes so that families can make informed decisions about medical care, wage replacement, and recovery strategies without unnecessary delay or confusion.

Understanding Construction Injury Claims

Construction injury claims often involve multiple potential sources of recovery, which can include workers’ compensation benefits and third-party claims against contractors, subcontractors, equipment manufacturers, or property owners. Understanding which avenue to pursue depends on the facts of the incident, the employer’s insurance coverage, and any unsafe conditions present at the site. Determining responsibility requires careful review of schedules, contracts, site safety documentation, and witness accounts. Clients should expect a methodical review of evidence and clear explanations about how filing deadlines, notice requirements, and overlapping remedies may affect overall recovery.

Workers’ compensation provides a no-fault route to medical care and partial wage replacement for qualifying on-the-job injuries, but it typically limits recovery for pain and suffering. Third-party claims seek compensation beyond those benefits when another party’s negligence or defective equipment caused harm. The interaction between these avenues involves offsets, subrogation, and possible liens that require careful handling. Effective claim management includes tracking medical records, documenting lost wages, and negotiating with insurers to preserve maximum available recovery while protecting clients from procedural missteps that could limit long-term options.

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Key Terms and Glossary

Third-Party Claim

A third-party claim arises when someone other than the injured worker’s employer contributed to the cause of an accident and may be legally responsible for damages. Common examples include subcontractors who failed to secure scaffolding, manufacturers of defective tools or equipment, and property owners who allowed unsafe conditions to persist. Pursuing a third-party claim can provide access to compensation for pain and suffering, full wage loss, and other losses not typically covered by workers’ compensation. Evaluating a potential third-party claim requires factual investigation and assessment of available insurance and contractual responsibilities.

Workers’ Compensation

Workers’ compensation is a statutory system that provides medical treatment and partial wage replacement to employees injured on the job without the need to prove fault by the employer. It offers a streamlined path to medical care and some income support, and it typically allows claimants to receive benefits quickly. However, it generally does not provide damages for pain and suffering or full compensation for long-term losses. Understanding how workers’ compensation interacts with other claims and potential offsets is important for preserving broader recovery options when other liable parties exist.

Negligence

Negligence refers to a failure to exercise reasonable care that results in harm to another person. In the construction context, negligence can include failing to follow safety protocols, inadequate training, poor site maintenance, or the use of defective materials. To establish negligence in a third-party claim, the injured person must show that the other party owed a duty of care, breached that duty, and caused the injury and associated losses. Proving negligence typically relies on evidence such as site records, inspection reports, witness testimony, and accident reconstruction where appropriate.

OSHA Violation

An OSHA violation refers to failure to comply with safety regulations enforced by the Occupational Safety and Health Administration, which may include improper scaffolding, missing fall protection, inadequate guardrails, or unsafe electrical practices. While an OSHA citation can support a claim by showing unsafe conditions, a citation alone does not determine civil liability. Investigating whether an OSHA rule was broken, and how that violation contributed to an injury, can strengthen a case by documenting regulatory failures and patterns of unsafe practices at a worksite, which can be important evidence in pursuing recovery from responsible parties.

PRO TIPS

Preserve Evidence Immediately

After a construction accident, preserving evidence is one of the most important early tasks to support any later claim. Take photographs of the site, injured areas, tools or equipment involved, and any visible hazards while they remain undisturbed, and collect contact information from witnesses who saw the incident. Retaining copies of incident reports, medical records, and employer communications ensures that factual details remain available for review and can make a significant difference in assessing liability and damages.

Report and Seek Care Promptly

Reporting the injury to a supervisor and seeking prompt medical attention both protect health and preserve legal options. A medical record that documents the injury shortly after the incident is essential to link treatment to the accident and justify future claims for care and lost wages. Timely reporting to the employer helps satisfy notice requirements necessary for workers’ compensation and creates documentation that can be useful for any related third-party actions.

Keep Detailed Records

Maintain a detailed file of all documents related to the injury and recovery, including medical bills, appointment notes, wage statements, and correspondence with insurers or employers. Tracking the timeline of treatment, symptoms, and missed workdays helps quantify economic losses and supports claims for future care. Organized records reduce confusion during negotiations and provide a clear narrative of the injury’s impact on daily life and earning capacity.

Comparing Legal Paths After a Construction Injury

When a Full Claim Is Recommended:

Injuries with Long-Term Impact

A comprehensive claim is often necessary when injuries are severe enough to require long-term medical care or rehabilitation and when they affect ability to work or engage in daily activities. In those situations, pursuing only workers’ compensation may leave significant losses uncompensated, so pursuing additional recovery from negligent third parties can be appropriate. Building a full claim involves documenting ongoing medical needs, estimating future care costs, and assembling evidence to show how the accident caused lasting consequences, which all require careful coordination and planning.

Multiple Responsible Parties

When more than one party may bear responsibility for the incident, a comprehensive approach ensures all avenues for recovery are investigated and pursued. Identifying subcontractors, equipment manufacturers, property owners, or design professionals who may share liability can expand potential recovery beyond employer benefits. Thorough fact-finding, including contract review and site documentation, is necessary to determine the best mix of claims to pursue and to maximize potential compensation for medical care, lost income, and other damages.

When a Limited Approach May Be Sufficient:

Minor Injuries with Quick Recovery

A more limited approach may be appropriate when injuries are minor, treatment is brief, and lost time at work is minimal, making the cost and complexity of a full third-party action unnecessary. In those cases, resolving matters through workers’ compensation and direct settlement with an insurer may provide prompt coverage for medical bills and a small wage reimbursement. Evaluating whether a limited path is reasonable requires comparing expected recovery under different options and assessing the risk and expense of extended litigation relative to likely outcomes.

Clear, Contained Liability

When the circumstances and responsible party are clear and the damages are modest, a focused claim against a single insurer can provide efficient resolution. In such situations, pursuing a straightforward settlement through available insurance channels or workers’ compensation may resolve medical expenses quickly without prolonged dispute. The decision to take a limited approach should always consider the possibility of future complications or delayed symptoms that could change the long-term assessment of damages.

Common Scenarios on Construction Sites

Falls from Height

Falls from scaffolding, ladders, or roofs are a frequent cause of serious injury on construction sites and often result in fractures, spinal injuries, or traumatic head injuries that require extensive medical care and rehabilitation. Identifying defects in fall protection, missing guardrails, or improper anchor points is essential to establish how the fall occurred and who may be responsible.

Struck-by Incidents

Being struck by falling tools, materials, or moving equipment can lead to severe trauma and long recovery periods, and such incidents often result from inadequate securing of loads, poor traffic control, or negligent equipment operation. Documenting the scene, equipment involved, and witness statements helps determine accountability and supports claims for medical and other damages.

Electrocutions and Burns

Electric shock, arc flash, and burn injuries can have serious and lasting health consequences that require specialized medical treatment and ongoing care, and they often stem from exposed wiring or lack of proper lockout/tagout procedures. Demonstrating how safety rules were disregarded and linking those violations to the injury helps substantiate claims for compensation and future care needs.

South Glens Falls Construction Injury Attorney

Why Choose Ahearne Law Firm for Construction Injuries

Ahearne Law Firm PLLC focuses on helping injured people in the Hudson Valley understand their options and pursue appropriate recovery after construction site incidents. The firm assists with gathering medical records, preserving evidence, and communicating with insurers while explaining how workers’ compensation and third-party claims may interact in each case. Clients receive straightforward information about possible timelines, likely procedural steps, and practical strategies to protect medical care and financial interests while pursuing fair compensation for losses.

When navigating claims after a construction injury, clear communication and practical action steps matter. The firm prioritizes timely investigation of the accident, careful documentation of injuries and economic losses, and assertive handling of insurer inquiries to preserve recovery options. We help clients understand potential settlement scenarios and the elements that affect value so decisions about treatment and claims are made with full knowledge of possible consequences for current and future needs.

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FAQS

What should I do immediately after a construction site injury?

Immediately after a construction site injury, your primary concern should be medical care and safety. Seek prompt treatment from emergency personnel or an urgent care provider if needed, and follow up with the recommended medical appointments. Creating a contemporaneous medical record is important for both health and for documenting the injury in any later claim. Reporting the incident to your supervisor and requesting an incident report helps create official documentation of the event, so be sure to get a copy for your records. In addition to medical treatment and reporting, preserve evidence when it is safe to do so by taking photographs of the scene, equipment, and visible injuries, and by collecting contact information for witnesses. Keep copies of all medical records, bills, and communication with your employer or insurers. Noting the names of supervisors and the exact time and location of the incident helps investigators and anyone assisting with claims assess responsibility and potential avenues for compensation.

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

Yes, receiving workers’ compensation benefits does not necessarily prevent you from pursuing a claim against a third party whose negligence contributed to your injury. Workers’ compensation provides no-fault benefits for medical treatment and partial wage replacement from your employer, but it typically does not cover full damages such as pain and suffering or full wage loss. A third-party claim seeks those additional categories of recovery from a negligent contractor, equipment supplier, or other responsible party. When a third-party recovery is obtained, workers’ compensation insurers may have a statutory or contractual right to be reimbursed from that recovery through a lien or subrogation claim. Managing those interactions is an important part of maximizing the net recovery to you, and it requires careful coordination so that medical bills and benefit liens are addressed while preserving fair compensation for non-economic losses and future needs.

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

Time limits for filing claims after a construction injury depend on the type of claim you pursue. For personal injury actions against third parties in New York, the statute of limitations generally requires that lawsuits be filed within three years of the date of the accident, though specific circumstances can alter that timeline. For workers’ compensation claims, there are different deadlines for reporting the injury and filing for benefits, and those deadlines should be met promptly to avoid loss of benefits. Because deadlines vary by claim type and by individual circumstances, initiating the process early is important. Prompt reporting of the injury to your employer and timely consultation with counsel or a claims representative will ensure that required notices are filed and that potential claims are preserved within applicable timeframes.

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

Damages recoverable after a construction accident may include medical expenses, both past and reasonably expected future costs, compensation for lost wages and lost earning capacity, and non-economic damages such as pain and suffering and loss of enjoyment of life when available through a third-party claim. In addition, certain incidental costs like transportation to medical appointments, home modifications, and assistive devices may be recoverable if clearly related to the injury. The mix of available damages depends on whether the claim is pursued through workers’ compensation or a third-party lawsuit. Workers’ compensation generally covers medical care and partial wage replacement, while third-party claims may allow recovery for broader losses. A careful assessment of medical prognosis and economic impact is necessary to estimate potential damages and to present those losses effectively during settlement negotiations or litigation.

Will my medical bills be covered right away?

Whether medical bills are covered immediately depends on the circumstances and the source of payment. If the injury is work-related and reported promptly, workers’ compensation usually covers authorized medical treatment related to the injury, subject to the statutory processes and required approvals. Emergency care should be sought first, and authorization for ongoing treatment should be pursued through the workers’ compensation system to ensure bills are covered appropriately. If a third party is responsible, their insurer will not typically pay medical bills immediately; instead, bills may be covered later through settlement or judgment. In many cases, providers will bill the workers’ compensation carrier or your health insurance initially, and outstanding balances can be addressed as part of a later settlement. Keeping detailed records of all bills and how they were paid helps ensure fair allocation of costs in final recovery.

How does fault get determined in a construction accident?

Fault in a construction accident is determined by examining the facts, including safety practices at the site, adherence to protocols, maintenance records, equipment conditions, training, and witness statements. The process often involves reviewing site documentation, interviewing witnesses, and obtaining relevant records such as inspection reports or maintenance logs. In some cases, technical analysis or accident reconstruction may be used to understand causation and to identify the party or parties whose conduct contributed to the incident. Because multiple parties are frequently involved in construction projects, liability can be shared among subcontractors, general contractors, equipment manufacturers, and property owners. Establishing who owed a duty of care and whose actions or omissions breached that duty is central to proving negligence. A thorough investigation that preserves evidence and assembles a clear chronology of events is essential to substantiate claims and to pursue appropriate compensation.

What if the employer denies my injury was work-related?

If your employer disputes that the injury was work-related, continuing to document medical treatment, to collect witness statements, and to record details of the incident is important. Even when an employer contests the claim, you may still be eligible for benefits or later third-party recourse depending on the circumstances and available evidence. Filing required notices with the appropriate workers’ compensation carrier and local administrative office helps preserve legal rights while the matter is reviewed. If the employer maintains the denial, there are administrative procedures to appeal a workers’ compensation decision and to present further evidence in support of your claim. Simultaneously, an investigation of potential third-party liability can proceed, since a third-party claim does not depend solely on the employer’s acceptance of the work-related nature of the injury. Careful record-keeping and timely action are key to protecting potential paths to recovery.

Can I return to work while my claim is pending?

Returning to work while a claim is pending depends on medical recommendations, the physical demands of your job, and the terms of any benefits you are receiving. In many situations, doctors provide return-to-work restrictions or suggest modified duties to protect recovery. Following medical advice is important both for health and for documenting continuing medical needs that may relate to a claim for compensation. Working while a claim is active can affect benefit eligibility and potential damages, so it is important to inform treating providers and any claims representatives about job duties and limitations. Clear communication about physical capabilities and work restrictions helps ensure that medical records accurately reflect progress and ongoing limitations, which in turn supports assessment of lost earnings and future needs during settlement discussions or litigation.

How are future medical needs accounted for in a settlement?

Future medical needs are accounted for in settlements by obtaining medical evaluations and opinions about prognosis, required procedures, anticipated therapy, and long-term care needs. Medical records, treatment plans, and expert medical opinions help quantify the likely scope and cost of future care. Settlement negotiations or court presentations typically include careful calculation of expected future medical expenses and their present value to ensure funds are available for ongoing treatment. Accurate documentation of functional limitations, anticipated interventions, and estimated costs over time is essential to secure adequate compensation. When future care is uncertain, structured settlements or reserved funds can be negotiated to address potential escalations in medical needs, ensuring that the injured person has resources for treatment as conditions evolve.

How do I start a claim with Ahearne Law Firm?

To start a claim with Ahearne Law Firm, you can call the office in Hudson Valley or submit an inquiry through the firm’s contact channels. The firm will ask for basic details about the incident, treatment received, and any available paperwork such as incident reports, medical records, or photographs. An initial review helps identify immediate steps to preserve evidence and to advise on deadlines, reporting requirements, and whether workers’ compensation, third-party claims, or both may apply. Once retained, the firm assists with gathering necessary documentation, communicating with medical providers and insurers, and investigating the site and responsible parties. The goal is to move efficiently to secure medical treatment, document economic losses, and pursue a recovery that addresses both present expenses and future needs, while keeping clients informed about progress and options at every stage.

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