If you or a loved one suffered an injury on a construction site in Northport, you need clear guidance about your rights and options. The Ahearne Law Firm PLLC represents people hurt in construction accidents throughout Hudson Valley and New York, and we focus on obtaining compensation for medical care, lost income, and long-term needs. From preserving evidence and interviewing witnesses to handling insurance communications, we take immediate, practical steps to protect your claim. Call (845) 986-2777 to discuss what happened and to learn how Allan J. Ahearne, Jr. can help you move forward with a focused plan of action.
Pursuing a construction site injury claim can recover compensation for medical bills, lost wages, future care needs, and other losses, but the process requires careful handling of evidence, deadlines, and insurance negotiations. A well-managed claim reduces the risk of improper settlements and ensures that medical providers, liens, and benefit offsets are addressed so you keep as much recovery as possible. Early investigation preserves crucial proof such as photos, site measurements, and witness testimony that support liability. Clear communication with insurers and opposing parties also helps avoid pitfalls that can weaken a claim before it is resolved.
A third-party claim arises when someone other than your employer may be responsible for the accident that caused your injury. Examples include negligent contractors, equipment manufacturers with defective tools, property owners who failed to maintain safe conditions, or other workers whose conduct caused harm. Pursuing a third-party claim can supplement workers’ compensation benefits and potentially provide compensation for pain and suffering or loss of future earning capacity. Identifying third parties and collecting evidence such as contracts, maintenance records, and witness accounts is an important early step in building a viable claim.
Comparative negligence is a legal concept that can reduce the amount of compensation an injured person receives when they are found to have contributed to their own injury. Under comparative rules, recovery is adjusted by the percentage of fault assigned to each party, so an injured person who is partly at fault may still recover damages, but those damages are reduced proportionately. Understanding how fault is assessed in New York and gathering evidence that minimizes the injured person’s share of responsibility can make a significant difference in the final outcome of a claim or settlement.
Workers’ compensation provides no-fault benefits to employees who sustain work-related injuries, covering medical treatment and a portion of lost wages and, in some cases, long-term disability or vocational services. Because it is a no-fault system, injured workers generally cannot sue their employer but they can receive timely medical care and income replacement. Workers’ compensation claims have their own procedures and deadlines, and in many construction cases it may be possible to pursue both workers’ compensation benefits and separate third-party claims against other responsible parties for broader damages.
A medical lien is a claim by a medical provider or insurance company against any recovery obtained from a personal injury settlement or judgment to cover treatment costs paid on behalf of the injured person. Liens can arise from health insurers, hospitals, or providers who advanced care, and they must be negotiated or resolved as part of the claims process. Identifying potential liens early and coordinating settlement funds to address outstanding obligations helps ensure the injured person understands the net recovery available for ongoing needs and future care.
After an accident, take photos of the scene, any equipment involved, and visible injuries as soon as it is safe to do so. Obtain the names and contact information of witnesses and keep a written record of what happened while memories are fresh. Retain all medical records and bills, and keep copies of any incident reports, employer communications, and insurance letters to help support a future claim.
Notify your supervisor or employer about the injury as soon as possible and follow workplace reporting procedures to preserve your right to workers’ compensation benefits. Seek immediate medical attention and be explicit about the connection between your treatment and the workplace incident so records reflect the cause of the injury. Prompt reporting and documentation are essential to meeting claim deadlines and supporting subsequent legal actions.
Maintain organized records of doctor visits, prescriptions, and treatment plans as well as notes about pain levels, physical limitations, and time missed from work. Track all expenses related to the injury, including travel for medical care and out-of-pocket costs, to document economic losses. Consistent record keeping strengthens claims for both current and future needs and supports accurate assessment of damages during negotiations.
Cases involving severe or catastrophic injuries often require long-term planning for medical care, rehabilitation, and potential loss of earning capacity, making a comprehensive legal approach appropriate. These matters may involve multiple responsible parties and complex factual, medical, and financial issues that benefit from thorough investigation and coordination. A full review of liability, future care needs, and the potential for long-term damages helps ensure any recovery addresses both present and anticipated expenses.
When more than one party may share responsibility, a comprehensive approach identifies all potential defendants, such as contractors, subcontractors, equipment manufacturers, and property owners. Coordinating claims against multiple parties increases the chance of recovering full compensation for medical costs and non-economic losses. Thorough evidence gathering and careful claim strategy are important to resolving complex liability questions and maximizing overall recovery for the injured person.
If the injury is relatively minor, liability is straightforward, and medical costs are limited, a narrower approach focused on quick resolution can be appropriate. In these situations, prompt medical treatment, clear documentation, and a straightforward negotiation with the insurer may resolve the matter without protracted proceedings. Choosing a limited path can reduce time spent on the claim while still addressing immediate expenses and short-term lost wages.
When the available recovery is primarily workers’ compensation benefits and there is no viable third-party claim, focusing on the workers’ compensation process can be efficient. Ensuring timely filings, medical documentation, and cooperation with the claims process may provide the necessary benefits without pursuing additional litigation. This approach concentrates on securing prompt medical care and wage replacement while limiting legal expenses.
Falls from scaffolds, roofs, ladders, and unprotected edges are a frequent source of severe injuries on construction sites and often lead to fractures, spinal injuries, and head trauma with significant medical needs. Preserving evidence such as guardrail conditions, ladder setup, and witness accounts helps establish how the fall occurred and whether safety procedures or equipment were lacking.
Being struck by falling materials, moving equipment, or vehicles and becoming caught in or between machinery are common mechanisms of injury that can cause crushing injuries and long-term disability. Documentation of equipment maintenance logs, site traffic controls, and witness statements often plays a key role in proving liability in these types of cases.
Contact with live electrical lines or exposure to hazardous substances can result in electrocutions, severe burns, or chemical injuries that require specialized medical treatment and long-term rehabilitation. Records of training, safety protocols, and equipment inspection reports can help determine if the injury resulted from unsafe conditions or inadequate safeguards.
Clients choose Ahearne Law Firm because we combine local knowledge of Hudson Valley workplaces and New York construction practice with focused attention to each client’s needs and recovery. We prioritize communication, prompt investigation, and careful handling of medical documentation to build a complete record of losses. Our approach emphasizes practical steps that preserve claims and prepare the case for effective negotiation or litigation depending on the circumstances, helping injured people secure compensation for medical care, lost income, and other damages.
Seek prompt medical attention and follow the treatment plan provided by your health care professionals so your injuries are properly documented and treated. If possible, take photographs of the scene, equipment involved, and visible injuries; obtain contact information for witnesses and preserve any clothing or items related to the incident. Report the accident to your supervisor or employer according to workplace rules and keep copies of incident reports and employer communications. After addressing immediate medical needs, protect your legal rights by preserving records and avoiding detailed recorded statements to insurers without legal advice. Contact an attorney to review potential workers’ compensation and third-party claims, coordinate medical liens, and advise on required notices and deadlines. Timely documentation and early investigation help protect crucial evidence and support a stronger claim for full recovery.
Whether you can file a lawsuit depends on the specific circumstances of the accident and the parties involved, because workers’ compensation may be available for on-the-job injuries while a separate third-party lawsuit may be possible against negligent contractors, equipment manufacturers, or property owners. A review of the facts, contracts, and site responsibilities helps identify potential defendants and the types of claims that could be pursued, which may include negligence or product liability in addition to workers’ compensation benefits. Pursuing a third-party claim often involves collecting independent evidence, securing witness testimony, and negotiating with multiple insurers, while workers’ compensation follows an administrative process for medical benefits and wage replacement. Evaluating both paths early helps determine the best strategy to maximize recovery and to ensure medical bills, liens, and offsets are properly addressed during settlement discussions.
Workers’ compensation provides a no-fault mechanism for employees to receive medical benefits and a portion of lost wages for work-related injuries, but it generally does not allow lawsuits against the employer. When a third party other than the employer contributes to the injury, the injured worker may pursue a separate claim against that party to seek damages beyond what workers’ compensation provides, such as pain and suffering or future earnings loss. Coordinating benefits between workers’ compensation and third-party recoveries can be complex because medical liens and subrogation claims may need to be resolved from any settlement. Early legal review helps identify third-party defendants, reduce potential offsets, and structure settlements so that medical providers and insurers are addressed properly while preserving the injured person’s net recovery.
In New York, many personal injury claims must be filed within three years from the date of the injury, but there are exceptions and separate time limits for different types of claims. Workers’ compensation claims have their own reporting requirements and deadlines that must be met to secure benefits, and fatality or other specialized claims can have different timeframes, so it is important to act promptly and confirm the applicable deadlines for your situation. Delaying even a short time can allow evidence to be lost or witness memories to fade, and missing a statutory deadline can bar recovery entirely. Contacting a legal professional early helps ensure that notices are filed, claims are reported to employers and insurers, and deadlines are tracked so your ability to pursue compensation is preserved.
Recovery in a construction injury matter can include economic damages such as payment of medical expenses, reimbursement of rehabilitation costs, and compensation for lost wages and reduced earning capacity. Non-economic damages may include compensation for pain and suffering, emotional distress, and loss of enjoyment of life in cases pursued against third parties, while workers’ compensation typically focuses on medical benefits and wage replacement rather than non-economic losses. Additional recoveries can include future medical care, costs for home modifications, and vocational rehabilitation when injuries affect long-term abilities. The specific types and amounts of recoverable compensation depend on the nature and extent of injuries, available insurance coverage, and the strength of proof regarding liability and damages.
Many construction injury matters are resolved through negotiation and settlement rather than a full trial, because settlements can secure fair compensation more quickly and with less uncertainty. The decision to settle or proceed to trial depends on factors such as the strength of the evidence, the extent of damages, the willingness of insurers to offer fair compensation, and whether all responsible parties are willing to negotiate. When a fair settlement is not achievable, preparing for trial can be necessary to pursue full compensation, and thorough preparation increases the likelihood of a successful outcome. Understanding the risks and timelines of both settlement and trial helps an injured person make an informed choice aligned with their priorities and recovery needs.
Many personal injury attorneys handle construction injury claims on a contingency fee basis, meaning legal fees are paid as a percentage of any recovery rather than as upfront charges, which allows injured people to pursue claims without immediate out-of-pocket attorney fees. Clients should ask about fee percentages, how costs are advanced during litigation, and what expenses will be deducted from a recovery to ensure transparency about net compensation. Discussing fee arrangements and anticipated costs during an initial consultation helps set clear expectations, and reputable counsel will explain how fees and expenses are handled whether a case resolves by settlement or trial. Free initial reviews allow injured people to learn options and potential costs before deciding how to proceed.
Key evidence in a construction injury case includes photographs of the scene and injuries, incident and injury reports, maintenance records for equipment, safety protocols, and any available video footage. Witness statements and contact information are also very important, as contemporaneous accounts of the accident can corroborate liability and show how the incident occurred. Medical records, treatment notes, and documentation of lost wages or altered earning capacity are essential to proving the full extent of damages. Securing this evidence promptly, preserving clothing or equipment involved, and obtaining expert assessments or engineering reports when appropriate strengthens the ability to demonstrate both fault and the scope of injuries.
Being partly at fault for an injury does not always bar recovery because New York uses comparative fault principles that reduce a claimant’s recovery by the percentage of fault assigned to them. This means an injured person who shares some responsibility can still recover damages, although the total award will be adjusted to reflect their portion of responsibility, and careful factual presentation can help minimize assigned fault. The allocation of fault depends on the evidence and how the accident unfolded, so documenting the scene, obtaining witness statements, and reconstructing the incident are important to defend against high fault assessments. Skilled negotiation and litigation strategy aim to preserve as much recovery as possible while addressing comparative fault considerations.
The time to resolve a construction injury claim varies widely depending on the complexity of liability, severity of injuries, whether workers’ compensation or third-party claims are involved, and the willingness of insurers to negotiate. Some cases resolve in a few months when liability is clear and injuries are well-documented, while more complex matters involving long-term care needs, multiple defendants, or disputes over fault can take a year or longer to conclude. Active case management, prompt evidence gathering, and focused negotiation can shorten the timeline, but resolving complicated disputes or preparing for trial naturally extends the process. Discussing the likely timeline for your particular case helps set realistic expectations and plan for recovery and financial needs during the claim process.
Explore our injury practice areas
⚖️ All Personal Injury Services