A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Construction Site Injuries Lawyer in Scarsdale

Protecting Your Recovery

Comprehensive Construction Injury Guidance

Construction site injuries can change lives in an instant, and residents of Scarsdale and Westchester County need clear information about their legal options after a serious accident. At Ahearne Law Firm PLLC, Allan J. Ahearne, Jr. represents clients who have been harmed on construction sites, helping them understand potential claims, applicable deadlines, and the types of evidence that matter. Whether an injury involves a fall, struck-by incident, electrocution, or equipment malfunction, prompt action can preserve important rights. Call (845) 986-2777 to discuss the situation and learn what next steps are practical for pursuing recovery and holding responsible parties accountable.

In the aftermath of a construction injury, injured workers and bystanders often face medical bills, lost income, and ongoing recovery needs. The Ahearne Law Firm PLLC can explain how state laws and insurance systems interact, including when a claim under workers’ compensation applies and when a third-party claim may be appropriate. We outline possible avenues for compensation, help assemble documentation such as incident reports and medical records, and advise on preserving evidence at the scene. Our approach focuses on practical planning and clear communication so clients can concentrate on healing while those issues are managed on their behalf.

Why Legal Guidance Matters After a Construction Injury

Obtaining legal guidance after a construction site injury can make a meaningful difference in the way a claim is handled and in the recovery available to an injured person. Proper handling of insurance notices, evidence preservation, and conversations with employers or contractors affects the value and viability of claims. A careful review can reveal multiple avenues for compensation, such as workers’ compensation for employees and third-party liability claims against contractors, equipment manufacturers, or property owners. Effective planning reduces avoidable missteps, helps ensure medical care is documented and paid for, and seeks full recovery for medical costs, income loss, and other injury-related needs.

Ahearne Law Firm in Hudson Valley and Westchester

Ahearne Law Firm PLLC serves clients across the Hudson Valley, including Scarsdale and other communities in Westchester County. Allan J. Ahearne, Jr. and the team handle construction injury matters with a practical focus on client needs, time-sensitive deadlines, and thorough evidence gathering. The firm works directly with medical providers, negotiates with insurers, and prepares claims that reflect the full scope of a client’s losses. Local knowledge of New York law and of regional construction practices informs the approach, while clear communication keeps clients informed at each stage of the case.

Understanding Construction Injury Claims

Construction site injury claims can arise from many different scenarios, and understanding the legal landscape helps injured people make informed choices about recovery. In New York, workers’ compensation provides medical benefits and partial wage replacement for many employees injured on the job, but it may not cover all damages such as pain and suffering or losses caused by a third party. Determining who may be liable often requires investigating the roles of contractors, subcontractors, property owners, equipment suppliers, and maintenance crews. An early, organized response to preserve evidence, obtain witness accounts, and document injuries increases the likelihood that valid claims can be pursued effectively.

The process of pursuing a claim after a construction injury typically involves multiple steps that must be coordinated carefully. This can include obtaining medical care and records, reporting the incident to the employer, collecting incident reports and photographs, identifying witnesses, and reviewing contracts or project plans that may show responsibility. Insurance company procedures and statutory deadlines can be complex, so practical guidance can identify when to file a workers’ compensation claim and when to explore a third-party claim. Every case is different, and a measured approach helps preserve rights while working toward the fullest possible recovery under the circumstances.

Need More Information?

Key Terms and Glossary

Third-Party Liability

Third-party liability refers to a situation where someone other than the injured worker or the employer may be legally responsible for an injury. This can include general contractors, subcontractors, property owners, equipment manufacturers, or other parties whose actions or products contributed to the accident. When third-party liability exists, an injured person may pursue a claim for additional damages beyond workers’ compensation benefits, such as compensation for pain and suffering, lost future income, and other losses. Identifying potential third parties requires a factual review of the worksite, contracts, and maintenance practices to determine who had responsibility for safety and whether negligence occurred.

Negligence

Negligence is the legal concept that a person or entity failed to act with the care that a reasonably prudent person would have exercised under similar circumstances. In construction settings, negligence might involve unsafe equipment, inadequate training, poor site maintenance, failure to provide protective gear, or improper supervision. To establish negligence, it is typically necessary to show that the responsible party owed a duty of care, that the duty was breached, and that the breach caused the injury and resulting damages. Documenting the chain of events, company practices, and any prior safety complaints can be important when evaluating whether negligence occurred.

Workers' Compensation

Workers’ compensation is a statutory system that provides benefits to employees who suffer work-related injuries or illnesses, generally covering medical treatment, reasonable and necessary care, and partial wage replacement while recovering. In New York, most employers are required to carry workers’ compensation insurance, and injured workers must follow certain reporting and filing procedures to receive benefits. While workers’ compensation often provides timely medical coverage, it typically limits recovery for non-economic losses such as pain and suffering. When a third party outside the employer’s insurance may be responsible, a separate claim can sometimes be pursued in addition to workers’ compensation benefits.

Subrogation

Subrogation refers to the legal right of an insurance carrier to recover the amount it paid for an insured’s claim from a third party who was responsible for the loss. In construction injury cases, if an injured person’s workers’ compensation carrier pays benefits and another party is found liable, the insurer may assert subrogation rights to seek reimbursement. Subrogation can affect how settlements are structured and can require negotiation to account for the insurer’s claim against any recovery. Understanding subrogation early in the process helps injured people evaluate settlement options and the net amount they may receive after repaying any subrogation interests.

PRO TIPS

Document the Scene

If you are able, photograph and record the conditions at the scene of a construction accident, including equipment, signage, and any visible hazards. Keep a contemporaneous account of what happened, including names of witnesses and the time and place of the incident, to preserve details that may fade over time. Those records and images can be vital for reconstructing events and supporting claims for medical costs, lost wages, and other damages.

Seek Prompt Medical Care

Obtain medical attention as soon as possible following a construction injury, even if symptoms appear minor, because early documentation of injuries supports both medical recovery and any subsequent claims. Follow recommended treatment plans and keep records of all medical visits, prescriptions, and physical therapy appointments to demonstrate the extent of care and ongoing needs. Accurate medical documentation strengthens the record for insurance claims and for any discussions with potential responsible parties.

Preserve Evidence and Communication

Save incident reports, payroll records, contract documents, and any written communication related to the accident, and avoid giving recorded statements to insurers without guidance. Maintain copies of employer reports, witness contact information, and photographs, as these materials often inform decisions about liability and value. Thoughtful preservation of documentation makes it easier to evaluate potential claims and to pursue the most appropriate avenues for recovery.

Comparing Legal Options After a Construction Injury

When a Broad Approach Helps:

Complex Liability Situations

Comprehensive legal review is important when multiple contractors, subcontractors, or third-party vendors may share responsibility for an injury, because each potential defendant can have different insurance coverage and legal defenses. A wide-ranging approach can identify all responsible parties and coordinate claims to maximize recovery while addressing subrogation and collateral issues. Thorough investigation and coordinated claims handling reduce the risk that a valid avenue for compensation is overlooked.

Significant or Long-Term Injuries

When injuries result in ongoing medical treatment, permanent impairment, or long-term loss of earning capacity, a broad legal approach helps quantify future needs and secure appropriate compensation. Comprehensive planning includes documenting anticipated medical care, vocational impact, and lifetime costs to ensure the claim addresses immediate and long-term consequences. Careful assessment of damages supports informed decisions about settlement versus further action.

When a Targeted Approach Works:

Clear Single-Party Liability

A targeted, limited approach may be appropriate when fault is clearly attributable to one party and the available damages are straightforward, allowing for a focused claim or negotiation. Concentrating on a single insurer or responsible party can reduce litigation costs and speed resolution in those circumstances. Simpler cases still benefit from careful documentation and strategic negotiation to ensure fair compensation.

Modest, Short-Term Losses

When injuries are minor and recovery is quick with minimal medical expense or lost time, a concise claim may meet the client’s needs without extensive investigation. In such situations, resolving the matter through prompt communication with an insurer or at a claims adjuster level often provides timely reimbursement. Even with modest claims, documenting medical care and lost wages supports a clear resolution.

Common Construction Site Scenarios

Falls from Height

Falls from scaffolding, ladders, or roofs are frequent sources of serious injury on construction sites and often require extensive medical treatment and rehabilitation. Documenting the work procedures, safety equipment, and supervision in place at the time of the fall helps determine responsibility and potential avenues for recovery.

Struck-By and Caught-Injuries

Incidents where workers are struck by moving equipment or caught in machinery can cause severe trauma and long-term disability, making early evidence collection and witness statements particularly important. Identification of equipment maintenance records and operator training can play a central role in assessing liability and the appropriate claims to pursue.

Electrical and Explosive Hazards

Electrocutions, arc flashes, and explosions on construction sites can result in catastrophic injury and complex medical and occupational consequences. Investigating electrical installation practices, permits, and contractor compliance with safety standards helps establish whether negligence or faulty equipment contributed to the event.

Scarsdale Construction Injury Representation

Why Choose Ahearne Law Firm for Construction Injuries

Ahearne Law Firm PLLC focuses on clear communication, timely action, and practical solutions for clients injured on construction sites in Scarsdale and surrounding communities. Allan J. Ahearne, Jr. works with injured people to clarify options, meet procedural deadlines, and coordinate with medical providers to document care. The firm seeks to protect the client’s interests during interactions with insurers and other parties while aiming for fair resolution of claims. Local practice and familiarity with regional insurance practices inform an approach centered on client priorities and recovery needs.

Clients who contact the firm receive a focused review of their situation, including the likely routes for compensation and the documentation necessary to support a claim. The Ahearne Law Firm helps ensure that incident reports, medical records, and witness statements are organized and preserved so decisions about claims and potential settlements can be made with confidence. Throughout the process the firm emphasizes straightforward counsel and consistent updates so clients understand each step and can prioritize their recovery.

Call Today for a Free Case Review

People Also Search For

Scarsdale construction accident lawyer

construction injury attorney Westchester

Scarsdale workplace injury claims

third party construction liability New York

workers compensation construction NY

construction site fall lawyer Hudson Valley

equipment accident attorney Scarsdale

Ahearne Law Firm construction injuries

FAQS

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

Seek medical attention immediately, even if injuries seem minor at first, because prompt treatment documents the injury and supports any future claim. Report the incident to your employer or site supervisor and ask for a written incident report; collect names and contact information for witnesses and, if possible, take photographs of the scene, equipment, and your injuries. These initial actions preserve evidence and create a record that can be essential for filing workers’ compensation claims and, where appropriate, third-party claims. After ensuring medical care and reporting, keep all medical bills, treatment records, and any correspondence related to the accident in a single file. Avoid providing recorded statements to insurance adjusters without guidance, and consult with a legal adviser to review the best options for pursuing benefits and any potential third-party claims. Early coordination of evidence, treatment, and legal options positions you to make informed decisions about recovery and compensation.

Can I file both a workers' compensation claim and a third-party lawsuit?

Yes, in many situations an injured worker can receive workers’ compensation benefits while also pursuing a separate claim against a third party whose negligence contributed to the injury. Workers’ compensation typically provides medical care and partial wage replacement regardless of fault, but it may not compensate for pain and suffering or full lost future earnings that a third-party claim could seek. Evaluating the facts of the incident helps determine whether a viable third-party case exists alongside a workers’ compensation claim. When both types of claims are possible, the interaction between them requires careful handling because the workers’ compensation insurer may have subrogation rights to recover amounts it paid if a third-party recovery occurs. Thoughtful coordination addresses subrogation concerns and seeks to maximize the injured person’s net recovery after any reimbursements are accounted for. Clear documentation and timely notice support both workers’ compensation and third-party claims when applicable.

How long do I have to bring a claim in New York after a construction injury?

Statutes of limitations in New York set deadlines for filing civil lawsuits and can vary depending on the type of claim, so it is important to seek guidance promptly after an injury. Workers’ compensation claims also have rules about timely reporting to the employer and filing with the appropriate agency, and missing those deadlines can affect the availability of benefits. Acting quickly helps preserve options and ensures that notice and filing requirements are met in a timely fashion. Because different claims use different deadlines, an early review of the situation clarifies which statutes and filing windows apply to your case. Prompt consultation allows you to meet necessary reporting and filing obligations while evidence is fresh and witnesses are available, which improves the prospects for a successful resolution whether through benefits, settlement, or litigation.

Will my employer's insurer cover all medical expenses after a construction accident?

Workers’ compensation insurance typically covers reasonable and necessary medical treatment, medical bills related to the work injury, and partial wage replacement during periods of disability for covered employees, but it does not usually pay for non-economic damages like pain and suffering. Some out-of-pocket costs or treatments may require prior authorization or separate billing procedures, so keeping detailed records of medical treatment and communications with providers helps ensure proper coverage. Understanding the scope of workers’ compensation benefits is an important early step after an injury. If a third party is responsible for the injury, additional compensation for losses beyond workers’ compensation may be available through a separate claim. In such cases, resolving how workers’ compensation liens or reimbursements are handled becomes part of the recovery process. Reviewing all available options and required procedures helps injured people pursue full and appropriate compensation for both immediate and long-term needs.

How is liability determined when multiple contractors are on site?

Liability on multi-contractor sites is determined by looking at who had control over work, who was responsible for particular tasks, and whether any party failed to uphold safety obligations. Contracts, site supervision records, maintenance logs, and project plans can all show which parties had duties related to the area of the accident. Investigators will review these documents and witness accounts to identify negligence or breaches of safety that contributed to the injury. Determining liability often requires piecing together the factual record to identify each party’s role and responsibility, and it can involve claims against contractors, subcontractors, equipment manufacturers, or property owners depending on the circumstances. Careful documentation and professional investigation can reveal the most appropriate defendants and support claims that reflect the true extent of responsibility on the site.

What kinds of compensation can I pursue for a construction injury?

Potential compensation after a construction injury may include payment for medical expenses, reimbursement for out-of-pocket costs, replacement of lost wages, and compensation for reduced future earning capacity when applicable. Depending on the claim, damages may also cover ongoing care, physical therapy, assistive devices, and home modifications required because of the injury. Recovery aims to make injured people whole to the extent possible under the law and the available insurance coverages. In cases where a third party is responsible, additional forms of recovery can include compensation for pain and suffering and certain non-economic losses not covered by workers’ compensation. Each claim is unique, and quantifying damages typically requires medical evaluations, vocational assessments, and a comprehensive accounting of economic and non-economic impacts to support a fair resolution.

Should I give a recorded statement to an insurance company?

Giving a recorded statement to an insurance company without preparation can create risks, because the statement may be used to evaluate or limit a claim. It is generally advisable to consult a legal adviser before providing recorded statements so you understand your rights, what information is appropriate to share, and how to handle questions that could affect coverage or liability. A careful approach helps preserve options while ensuring necessary information is communicated. You should provide truthful information and cooperate with legitimate claims processes, but there is no requirement to give a recorded statement immediately after an accident. Requesting time to seek counsel or to gather medical information before making detailed statements is a reasonable step that protects your interests and ensures accurate representation of the facts.

How can I prove negligence in a construction accident case?

Proving negligence in a construction accident usually requires establishing that a duty of care existed, that the duty was breached through action or inaction, and that the breach caused the injury and resulting damages. Evidence can include photographs of the scene, maintenance and inspection records, training documents, witness statements, equipment logs, and expert analysis of mechanical failure or unsafe conditions. Collecting these items early supports a coherent factual narrative about what happened and why. In many cases, obtaining official reports, securing site documentation, and interviewing witnesses while recollections are fresh are essential steps. A thorough factual investigation often reveals whether safety policies were followed and whether contractual or statutory duties were violated, which in turn informs the strength and direction of a negligence claim.

What role do safety violations and OSHA reports play in a claim?

Safety violations and regulatory reports, such as OSHA inspections or citations, can be relevant to a construction injury claim because they may show a pattern of noncompliance or unsafe conditions that contributed to the accident. Such records can provide independent documentation of hazards, prior warnings, or employer practices that bear on liability. While regulatory findings do not automatically determine civil liability, they are frequently persuasive evidence when aligned with the facts of the incident. Requesting and reviewing any available safety records, inspection reports, and prior complaints related to the site can enhance the factual foundation of a claim. These materials help demonstrate whether safety standards were ignored and can be useful in settlement negotiations or in court proceedings when establishing responsibility for an injury.

How long will it take to resolve a construction injury claim?

The time to resolve a construction injury claim varies significantly depending on the complexity of liability, the severity of injuries, and whether the case settles or proceeds to litigation. Some matters can be resolved through negotiation within a few months when liability is clear and medical treatment is near completion, while others involving disputed responsibility, multiple defendants, or significant long-term damages may take much longer. Patience and a clear strategy often lead to the most appropriate resolution for the injured person. Factors that influence duration include the need for medical and vocational evaluations, the presence of subrogation interests, and court schedules if litigation becomes necessary. Early action to preserve evidence and engage with insurers and potential defendants can speed certain aspects of the process, but complex cases require careful preparation to achieve a fair outcome that addresses both current and future needs.

Personal Injury Services in Scarsdale

Explore our injury practice areas

⚖️ All Personal Injury Services