Construction Site Accidents

Lewis & Lewis represents construction workers injured on Buffalo and Western New York job sites, handling both workers’ compensation claims and third-party negligence lawsuits against general contractors, property owners, subcontractors, and equipment suppliers. 

Workers’ compensation covers medical treatment and partial wage replacement regardless of fault, but the no-fault system prohibits claims against your direct employer for pain and suffering, lost earnings, or punitive damages. Third-party liability claims fill this gap when entities other than your employer bear responsibility for unsafe conditions. 

Our Buffalo construction accident lawyers coordinate your workers’ compensation benefits with civil litigation against liable third parties, pursuing the compensation that reflects the severity of your injuries.

Injured on a Buffalo construction site? Call (716) 854-2100 to discuss your workers’ compensation claim and potential third-party lawsuit.

Schedule a Free Consultation

Buffalo Construction Accident Guide

• Key Takeaways for Buffalo Construction Accident Claims
• Why Choose Lewis & Lewis for Your Buffalo Construction Accident Case
• Common Construction Accidents in Buffalo
• New York Labor Law Protections for Construction Workers
• What Is Workers’ Compensation?
• What Is Third-Party Liability in Construction Accidents?
• Third-Party Liability vs Workers’ Compensation
• Compensation Available in Construction Injury Claims
• What to Do After a Construction Site Injury in Buffalo
• FAQ for Buffalo Construction Accident Claims
• Pursue Fair Compensation for Your Construction Injury

Key Takeaways for Buffalo Construction Accident Claims

• Labor Law Section 240(1) imposes absolute liability on owners and general contractors for falls from heights and falling-object injuries when adequate safety devices were not provided
• Third-party claims against general contractors, property owners, subcontractors, and manufacturers allow recovery for pain and suffering, lost wages, and damages excluded from workers’ compensation
• Section 241(6) violations of specific Industrial Code safety regulations create liability for owners and contractors for inadequate fall protection, trench shoring, or scaffolding
• Immediate evidence preservation is critical as construction sites change rapidly
• Catastrophic injury cases involving spinal cord damage, traumatic brain injuries, amputations, or wrongful death might recover millions when liability is established

Why Choose Lewis & Lewis for Your Buffalo Construction Accident Case

Construction work ranks among the most dangerous occupations in Erie County. Construction accident cases require attorneys who act fast to preserve evidence, understand New York Labor Law inside and out, and coordinate both workers’ compensation and third-party claims simultaneously. 

Here’s how we protect injured construction workers throughout Western New York: 

80+ Years Representing Buffalo Construction Workers

Lewis & Lewis has represented Western New York’s construction workers for over eight decades. We understand the hazards on Buffalo job sites, from winter ice on scaffolds to inadequate fall protection on residential renovations to coordination failures on commercial projects.

Immediate Evidence Preservation

Construction sites change daily. Equipment moves, structures are demolished, and witnesses scatter to other jobs. 

Our construction accident attorneys preserve evidence immediately, sending spoliation letters that require general contractors, owners, and equipment suppliers to retain all photographs, incident reports, safety records, and inspection logs. 

We Handle Both Workers’ Comp and Third-Party Claims

Unlike some firms, we coordinate both your workers’ compensation claim and third-party litigation from day one. While handling the Workers’ Compensation Board process, we simultaneously investigate Labor Law liability against general contractors, property owners, and other responsible parties. 

Labor Law Experience That Your Claim Needs

Our attorneys analyze your accident against New York Labor Law, identifying applicable statutes and Industrial Code violations. When necessary, our lawyers also retain construction safety professionals, engineers, and OSHA consultants who evaluate site conditions and testify about code violations and industry standards.

No Fee Unless We Win

We work on a contingency-fee basis. You pay nothing unless we recover compensation. In workers’ compensation matters, our fee is approved by the Workers’ Compensation Board. In third-party litigation, our fee comes as a percentage of the recovery. This removes financial barriers and aligns our interests with yours.

Local Buffalo Presence and $1+ Billion Recovered

Lewis & Lewis has recovered over $1 billion on behalf of injured workers across Western New York. Our five offices in Buffalo, Niagara Falls, Batavia, Jamestown, and Olean provide local access to workers and their families around the region. 

New York Labor Law Protections for Construction Workers

New York provides construction workers with some of the strongest legal protections in the nation through Labor Law Sections 240, 241, and 200. These statutes impose duties on property owners and general contractors that exceed ordinary negligence standards.

Labor Law Section 240(1) – The Scaffold Law

Labor Law Section 240(1), commonly referred to as the Scaffold Law, imposes absolute liability on owners and general contractors for gravity-related injuries, including falls from heights and injuries from falling objects. The statute requires owners and contractors to provide adequate safety devices that protect workers from elevation hazards.

Courts interpret Section 240(1) strictly in favor of injured workers. The law presumes owners and contractors are liable unless they demonstrate the worker’s actions were the sole proximate cause of injury. This means that even when a worker’s conduct contributed to the accident, liability attaches to owners and contractors who failed to provide proper safety devices. 

Labor Law Section 241(6) – Specific Safety Violations

Labor Law Section 241(6) requires owners and contractors to comply with specific safety rules in the New York State Industrial Code. This statute requires proof that the owner or contractor violated a specific regulation and that the violation caused the worker’s injury.

The Industrial Code contains detailed safety requirements covering:

• Fall protection systems and guardrails
• Excavation and trenching standards
• Scaffolding assembly and maintenance
• Personal protective equipment requirements
• Adequate lighting and housekeeping
• Guarding of hazardous floor and wall openings

A fall through an unguarded floor opening might violate multiple regulations. A trench collapse implicates detailed shoring and sloping requirements. We analyze accident circumstances against Industrial Code provisions to identify every violation that contributed to your injury.

Labor Law Section 200 – General Duty Claims

Labor Law Section 200 codifies common-law negligence duties, requiring owners and contractors to provide a safe workplace. Section 200 requires proof that the owner or contractor had authority to supervise or control the work and either created the dangerous condition or had actual or constructive notice of it.

Section 200 claims arise when job-site conditions cause injury. A worker who trips over debris left by the general contractor’s crew, slips on ice the owner failed to clear, or is injured by defective premises conditions might recover under Section 200.

What Is Workers’ Compensation?

Workers’ compensation provides immediate medical coverage and partial wage replacement—typically two-thirds of average weekly earnings—regardless of who caused the accident. The New York Workers’ Compensation Board administers this no-fault system, meaning you receive benefits even if your own conduct contributed to the injury.

Benefits begin quickly after filing a C-3 claim form, covering necessary treatment with authorized providers and wage replacement while you recover. However, the tradeoff is significant: you cannot sue your direct employer for additional damages. 

This exclusive-remedy rule leaves construction workers with serious injuries receiving only partial wages and medical coverage while unable to recover for pain and suffering, loss of enjoyment of life, or the economic impact of their injuries.

What Is Third-Party Liability in Construction Accidents?

Third-party liability claims allow injured construction workers to sue parties other than their direct employer for compensation. When your injury results from non-employer negligence, you maintain the right to file a civil lawsuit seeking damages beyond workers’ compensation benefits.

These claims require proof of negligence or strict liability under New York Labor Law Sections. Third-party lawsuits allow recovery for pain and suffering, lost wages, future earning capacity, loss of enjoyment of life, and other damages excluded from the workers’ compensation system. 

Who Can Be Held Liable for a Construction Accident in Buffalo, NY?

Identifying liable parties requires a thorough investigation of site relationships, contracts, and control over safety conditions. Multiple entities often share responsibility for construction accidents:

• General contractors who manage projects bear significant liability under Labor Law Sections 240(1), 241(6), and 200 for failing to provide adequate fall protection, enforce safety rules, or maintain safe site conditions
• Property owners (residential homeowners, commercial property owners, developers) face Labor Law liability even when not physically present at the site or actively involved in construction operations
• Subcontractors might be liable when their negligence causes injuries to workers employed by other trades or when they create hazards affecting other crews
• Equipment rental companies face liability for defective equipment—scaffolds with missing guardrails, forklifts with faulty brakes, ladders with cracked rails
• Manufacturers of construction equipment, tools, and safety devices face strict liability for defective products; these claims do not require proof of negligence, only that the defective condition caused injury

We investigate potential defendants and pursue claims against liable parties to secure fair compensation. 

Third-Party Liability vs Workers’ Compensation

After a workplace accident, injured Buffalo construction workers need to determine whether they have a workers’ comp and a third-party liability claim, and what it means for their compensation. 

Aspect	Workers’ Compensation	Third-Party Liability Claim
Who you can sue	Cannot sue your direct employer	General contractors, owners, subcontractors, manufacturers, equipment suppliers
Wage replacement	Two-thirds of average weekly wage	Potential for 100% of lost wages plus future earning capacity
Medical coverage	All necessary treatment with authorized providers	Potential for medical expenses past and future
Pain & suffering	Not available	Recoverable based on injury severity and impact
Fault requirement	No-fault system; eligibility regardless of cause	Must prove negligence or strict liability
Settlement timeline	Benefits begin quickly	Settlement timeline varies by case circumstances

At Lewis & Lewis, we coordinate both systems. Your workers’ compensation benefits continue during third-party litigation. The workers’ compensation carrier holds a lien on any third-party recovery, but the net recovery after satisfying the lien typically far exceeds what workers’ compensation alone provides, particularly in catastrophic injury cases.

Compensation Available in Construction Injury Claims

Third-party construction accident claims allow recovery of both economic and non-economic damages that far exceed workers’ compensation benefits:

• Medical expenses: Past and future costs, including emergency care, hospitalization, surgery, rehabilitation, medications, assistive devices, home modifications, and lifetime care for catastrophic injuries
• Lost wages: 100% of income lost during recovery, not the two-thirds provided by workers’ compensation
• Loss of earning capacity: Compensation for diminished ability to work in the future
• Pain and suffering: Physical pain, mental anguish, reduced quality of life, constant pain, loss of independence, and profound emotional trauma from catastrophic injuries
• Loss of enjoyment of life: Inability to participate in activities that once brought joy, like playing with children, recreational sports, travel, and hobbies
• Loss of consortium: Spouse’s loss of companionship, affection, and services resulting from your injury
• Punitive damages: Available in rare cases when a defendant’s conduct was willful, wanton, or demonstrated reckless disregard for worker safety

Cases involving permanent paralysis, traumatic brain injuries, amputations, or wrongful death often recover millions when liability is clear and damages are fully developed.

What to Do After a Construction Site Injury in Buffalo

Your actions immediately after a construction accident affect both your workers’ compensation benefits and potential third-party claims.

Immediate Actions

• Report the injury immediately to your supervisor or foreman in writing
• Seek medical attention at the emergency room or an authorized provider
• Tell medical personnel the injury is work-related
• Document the scene with photographs from multiple angles
• Photograph the equipment or condition that caused your injury
• Identify witnesses and obtain contact information
• Preserve physical evidence related to the accident

What to Avoid

• Do not give recorded statements to insurance adjusters without consulting an attorney
• Do not sign releases or settlement agreements before speaking with an attorney
• Avoid social media posts about your injury, activities, or the accident
• Do not accept quick settlement offers before the full extent of injuries is known

Seek Legal Counsel Early

Consult a construction accident attorney before the investigation grows cold, witnesses disappear, and evidence is destroyed. Early involvement allows for a thorough investigation while memories are still fresh and physical evidence remains available.

FAQ for Buffalo Construction Accident Claims

How Long Do I Have to File a Construction Accident Lawsuit in New York?

New York’s statute of limitations for personal injury claims is generally three years from the date of the injury, although certain circumstances may shorten or extend this deadline. Early consultation preserves your rights and allows thorough investigation.

What if I’m Partially at Fault? Can I Still Recover in New York?

New York follows a pure comparative negligence rule, allowing recovery even when you bear partial fault, but your damages are reduced by your percentage of responsibility. Labor Law 240(1) claims often impose absolute liability regardless of the worker’s conduct.

How Much Is My Buffalo Construction Accident Case Worth?

Case value depends on injury severity, permanence, lost earning capacity, and degree of liability. We evaluate medical records, wage history, and liability evidence to estimate potential compensation.

Do I Need a Lawyer if Workers’ Comp Is Already Paying My Benefits?

Yes, particularly if your injury was caused by a general contractor, property owner, subcontractor, or defective equipment. Workers’ compensation typically pays only partial wages and medical bills, whereas third-party lawsuits allow for a more comprehensive recovery.

Can the General Contractor Fire Me for Filing a Lawsuit?

New York law prohibits retaliation against workers who file construction accident lawsuits or workers’ compensation claims. If you’re terminated, threatened, or demoted for exercising your legal rights, you might have additional claims for wrongful termination and retaliation.

Pursue Fair Compensation for Your Construction Injury

Construction accidents cause life-altering injuries that affect not only your ability to work but also your capacity to enjoy family, engage in activities you love, and maintain the independence you once took for granted. Workers’ compensation might provide essential benefits during recovery, but many construction workers are unaware that they may have additional rights beyond it. 

Questions about a construction site injury in Buffalo or Western New York? Lewis & Lewis is here to assist with your workers’ compensation claim and investigate whether a third party is to blame for your accident. 

Call a personal injury lawyer in Buffalo, NY, at (716) 854-2100 for a free consultation.

Schedule a Free Consultation

Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location

Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987