Construction workers injured on the job in Western New York face immediate decisions about medical treatment, wage replacement, and reporting the accident to their employer. New York workers’ compensation covers medical bills and partial lost wages regardless of fault, but construction workers may also have the right to sue third parties like general contractors, property owners, and equipment manufacturers.
Lewis & Lewis handles both workers’ compensation claims and third-party construction accident lawsuits for injured workers across Western New York. The firm guides you through reporting requirements, coordinates medical treatment with authorized providers, fights benefit denials, and investigates third-party liability for compensation beyond workers’ comp limits.
Have questions about what to do after a construction accident at work? Call (716) 854-2100 to speak with a Buffalo, NY construction accident lawyer and talk through your situation.
Key Takeaways for Injured Construction Workers in New York
- New York workers’ compensation covers medical treatment and partial wage replacement regardless of fault, but you must report your injury to your employer promptly to protect those benefits
- Construction workers hurt by falls, falling objects, or inadequate safety equipment may sue general contractors and property owners under New York Labor Law 240 while simultaneously collecting workers’ comp
- Workers’ comp typically pays two-thirds of your average weekly wage while you’re out of work, but third-party lawsuits recover lost wages, pain and suffering, and future earning capacity that comp benefits never address
- Construction worker fatalities trigger both workers’ comp death benefits and potential wrongful death lawsuits against third parties
- Lewis & Lewis coordinates both workers’ comp claims and third-party construction accident investigations simultaneously, protecting immediate benefits while building claims for personal injury compensation
What Happens Immediately After a Construction Site Injury
Construction accidents trigger a series of events that affect your medical treatment, income, and legal rights. Understanding what happens and what you should do protects your ability to recover benefits.
What Happens After You Get Hurt
When you’re injured on a construction site, several things start happening immediately:
- Your employer must provide access to emergency medical care if the injury requires immediate attention
- The accident scene gets documented (or cleaned up, destroying evidence)
- Your employer’s workers’ comp insurer receives notice and begins investigating your claim
- Insurance adjusters start gathering information to evaluate whether to accept or deny your claim
- Medical providers create records that either support or undermine your workers’ comp claim and potential lawsuits
- Evidence from the worksite disappears as contractors continue work, clean up, or move to the next project
What You Should Do Right Away
Take these steps immediately after a construction accident to protect your rights:
- Follow all doctor recommendations and attend every scheduled appointment
- Treatment creates the first medical record documenting your injuries, their severity, and their connection to the workplace accident
- Tell your supervisor, foreman, or site manager what happened, where it happened, and what part of your body you injured
- Get the name of whoever you reported to and the date and time you made the report
- Fill out your employer’s accident report form completely and keep a copy for your records
- If they don’t provide a form, send an email or text message documenting the injury, the date, the location, and the body parts affected
- If able, take photos of the accident scene, your injuries, and any defective equipment or hazardous conditions
- Get contact information for any witnesses who saw the accident happen
- Keep copies of all medical records, bills, and treatment notes
- Write down what happened while the details are fresh in your memory
Contacting an experienced construction accident lawyer may also be a crucial step to take. Your attorney can shoulder the legal and investigative burdens, giving you time to recuperate.
Filing a Workers’ Comp Claim After a Construction Accident
Your employer should file the workers’ comp claim after you report your injury, but you have the right to file it yourself by submitting Form C-3 (Employee Claim) to the New York Workers’ Compensation Board.
What Happens After You File
The Workers’ Compensation Board sends your claim to your employer’s insurance carrier, who investigates and decides whether to accept or deny it.
If your claim is accepted:
- The insurer pays medical bills directly to providers
- You receive wage-replacement checks while you’re out of work
- Medical treatment continues with authorized providers
If your claim is denied:
- You request a hearing before a Workers’ Compensation Law Judge
- You present evidence proving the injury happened at work and arose from your employment
- A construction accident lawyer represents you at the hearing with medical records, witness testimony, and expert opinions
Common Reasons Workers’ Comp Gets Denied
Insurers deny construction worker claims when insurers question whether the injury actually occurred at work:
- Late reporting creates doubt about whether the injury happened at work
- Lack of witnesses to the accident
- Pre-existing injuries to the same body part
- Gaps in medical treatment that suggest the injury wasn’t serious
- Inconsistent descriptions of how the accident happened
A workers’ comp lawyer in Western New York may appeal denied claims by gathering evidence the insurer ignored, like coworker statements, medical records showing no pre-existing condition, expert opinions connecting symptoms to the workplace injury, and documentation proving timely reporting.
Third-Party Construction Accident Claims Beyond Workers’ Comp
Workers’ compensation provides immediate benefits but caps what you recover. Construction workers injured by falls, falling objects, or defective equipment may sue third parties under New York Labor Law 240, Labor Law 241, and common law negligence for damages that workers’ comp never addresses.
Who You Can Sue After a Construction Accident
With few exceptions, you generally cannot sue your direct employer, but you may sue third parties who contributed to your injury:
- General contractors who controlled the worksite and failed to provide adequate safety equipment
- Property owners who hired contractors and bear responsibility under New York’s scaffold law
- Subcontractors from other trades whose negligence caused your injury
- Equipment manufacturers who sold defective tools, scaffolding, or machinery
- Engineers or architects whose design failures created hazardous conditions
What Third-Party Lawsuits Recover
“If successful, third-party lawsuits may recover damages that workers’ compensation laws may cap or exclude entirely:
- Lost wages (not the two-thirds cap workers’ comp imposes)
- Pain and suffering compensation
- Loss of enjoyment of life and the emotional toll of permanent injuries
- Future earning capacity when permanent restrictions force you out of high-paying construction work
- Medical expenses, including future surgeries and pain management
How Lewis & Lewis Handles Construction Worker Injury Claims
Lewis & Lewis coordinates both workers’ comp claims and third-party construction accident investigations from the moment you call. Our lawyers protect your immediate workers’ comp benefits while investigating whether general contractors, property owners, or equipment suppliers bear additional liability under New York labor laws.
Workers’ Comp Claim Management
Lewis & Lewis files workers’ comp claims, challenges benefit denials, and appeals disability ratings that undervalue permanent impairments. The firm fights insurers who cut off medical treatment prematurely, schedule independent medical exams designed to terminate benefits, or push you back to work before your doctor clears you.
Third-Party Investigation and Evidence Preservation
While managing your workers’ comp claim, Lewis & Lewis investigates third-party liability by:
- Photographing accident scenes before contractors clean up or repair hazards
- Issuing preservation letters requiring companies to retain video footage, equipment maintenance records, and safety inspection reports
- Interviewing witnesses while memories remain fresh
- Requesting OSHA inspection reports and violation histories
- Gathering contracts that show who controlled the worksite and had the authority to correct hazards
- Consulting engineers and safety experts who evaluate equipment defects and code violations
Coordinating Both Claims to Pursue Available Compensation
Lewis & Lewis negotiates settlements that account for both workers’ comp liens and third-party damages. When you settle a third-party lawsuit, your employer’s workers’ comp carrier has a right to reimbursement for benefits they paid.
Lewis & Lewis negotiates those liens down, particularly when the settlement doesn’t compensate all your damages, protecting your net recovery rather than simply reimbursing the insurer.
What Happens When a Construction Worker Dies on the Job
New York construction fatalities trigger both workers’ compensation death benefits and potential wrongful death lawsuits against third parties responsible for the fatal accident. Families face immediate financial pressure from funeral expenses, lost income, and uncertainty about how to support dependents who relied on the deceased worker’s earnings.
Workers’ Comp Death Benefits for Families
New York workers’ compensation provides death benefits to certain family members when a construction worker dies from a workplace injury:
- Funeral expenses: Reimbursement for burial and funeral costs
- Dependency benefits: Weekly payments to the surviving spouse and dependent children based on the worker’s average weekly wage
- Duration: Benefits typically continue until the spouse remarries or children reach age 18 (or age 23 if enrolled in school full-time)
These benefits provide immediate financial support but don’t compensate families for the loss of a provider, parent, or spouse.
Wrongful Death Lawsuits Against Third Parties
Certain family members may file wrongful death claims against general contractors, property owners, equipment manufacturers, and other third parties whose negligence caused the fatal construction accident.
Wrongful death claims recover:
- Loss of financial support that the deceased would have provided over their remaining work life
- Loss of services, guidance, and companionship
- Funeral and burial expenses beyond workers’ comp limits
- Pre-death pain and suffering the worker experienced before dying from injuries
Who Can File a Wrongful Death Claim
New York law allows the personal representative of the deceased worker’s estate to file wrongful death claims on behalf of surviving family members. A Western New York construction accident lawyer helps families navigate both workers’ comp death benefits and wrongful death litigation, coordinating claims to protect the financial security of spouses and dependent children.
FAQ About Construction Worker Injuries in New York
Do I Need a Lawyer if I Get Hurt Working in Construction?
You are not legally required to hire an attorney. However, a construction accident attorney can provide valuable assistance when injuries are severe, when multiple companies work on the site, when workers’ comp denies your claim, or when you’re pressured to return to work before your doctor clears you.
Can I Get Both Workers’ Comp and a Lawsuit in New York after a Construction Accident?
Maybe. Workers’ comp provides immediate medical coverage and partial wage replacement while a third-party lawsuit proceeds against contractors, owners, or manufacturers. A construction injury attorney coordinates both claims and negotiates workers’ comp liens at settlement to protect your net recovery.
How Long Do I Have to Report a Construction Injury at Work in New York?
New York requires reporting workplace injuries within 30 days, but immediate reporting protects your benefits and preserves evidence. Delays create questions about whether the injury really happened at work and allow accident scenes to get cleaned up before documentation.
What if My Employer Tells Me Not to Report a Construction Accident?
New York law prohibits retaliation against workers who report injuries or file workers’ comp claims. Document your employer’s statements and contact a workers’ comp lawyer in Western New York immediately.
What Happens to My Workers’ Comp Benefits if I Also File a Third-Party Lawsuit in New York?
Your workers’ comp benefits continue while you pursue a third-party lawsuit against general contractors, property owners, or equipment manufacturers. The workers’ comp carrier has a right to reimbursement from any third-party settlement or verdict, but a construction accident attorney can negotiate those liens down.
How Do I Know if I Have a Third-Party Claim after a Construction Accident?
You might have a third-party claim if multiple companies worked on the site beyond your direct employer, if you fell from a height or were struck by falling objects, if defective equipment caused your injury, or if safety violations contributed to the accident. A Western New York construction accident lawyer may investigate the cause of your injuries and whether you have a viable claim.
Talk With Lewis & Lewis About Your Construction Injury
Construction workers hurt on the job face immediate decisions about medical treatment, wage replacement, and protecting their rights under both workers’ comp and third-party liability laws. Lewis & Lewis represents injured construction workers across Western New York through workers’ compensation claims and third-party lawsuits against general contractors, property owners, and equipment suppliers.
Questions about what happens next after a construction accident at work? Call (716) 854-2100 or fill out our online form.
