Construction workers injured on the job in Western New York face a decision that affects their financial recovery and legal rights: handle workers’ comp claims alone, or bring in a construction accident lawyer who coordinates benefits and investigates third-party liability.
When insurers deny treatment, employers pressure you back to work prematurely, or multiple companies share responsibility for your accident, legal representation protects benefits and opens paths to full compensation.
Lewis & Lewis represents construction workers across Western New York through workers’ compensation claims and third-party construction accident lawsuits. Call (716) 854-2100 for a straightforward assessment of your situation.
Key Takeaways About Legal Help After Construction Accidents
- Construction accident lawyers work on contingency, meaning you pay nothing unless they recover compensation through settlements or verdicts, eliminating upfront costs that prevent injured workers from seeking representation
- Legal representation becomes critical when injuries are severe, multiple companies worked on the site, workers’ comp denies your claim, or employers pressure you to return to work before your doctor clears you
- Western New York construction accident attorneys investigate third-party liability, identifying claims against general contractors and property owners that recover damages workers’ comp caps, or exclude
- Insurance adjusters gather statements and medical authorizations designed to limit payouts, and early legal representation prevents you from undermining your own claims before you understand their value
- Lewis & Lewis coordinates both workers’ comp benefits and third-party investigations simultaneously, protecting immediate medical coverage and wage replacement while building claims for fair compensation beyond workers’ comp limits
What a Construction Accident Lawyer Does That You Cannot Do Alone
Legal representation after a construction accident means bringing in someone who immediately takes actions that protect evidence, prevent mistakes that undermine claims, and investigates liability that you might not recognize exists.
Evidence Preservation and Investigation
Construction accident lawyers dispatch investigators to photograph accident scenes before contractors clean up, issue preservation letters that legally compel companies to retain video footage and equipment maintenance records, and interview witnesses while memories remain fresh.
The investigation includes:
- Site photographs showing hazardous conditions before cleanup
- Equipment inspection records and maintenance logs
- OSHA inspection reports and violation histories
- Contracts showing who controlled the worksite and had safety authority
- Safety training records and daily supervision logs
- Witness statements from coworkers who saw the accident
- Expert evaluations of equipment defects and code violations
Insurance Company Management
Dealing with insurance after a construction accident becomes exponentially harder without legal representation. Adjusters from multiple carriers call requesting recorded statements, medical authorizations, and signed forms that seem routine but actually create grounds to deny claims or reduce settlements.
A construction accident lawyer in Western New York handles insurer communication, preventing recorded statements that get twisted into liability admissions and medical authorizations that let insurers search for pre-existing conditions to blame for current symptoms.
Your work injury attorney also reviews all settlement offers and signed documents before you agree to anything that limits future claims.
Workers’ Comp Coordination and Third-Party Development
While protecting your workers’ comp benefits, a Western New York construction accident attorney investigates third-party liability by analyzing who controlled the worksite, who provided defective equipment, and whether New York Labor Law 240, 241, or common law negligence creates claims beyond your employer.
If appropriate, the attorney files third-party lawsuits against general contractors, property owners, equipment manufacturers, and other responsible parties, pursuing damages that workers’ comp caps or excludes: lost wages, pain and suffering, future earning capacity, and comprehensive medical coverage for treatment workers’ comp might deny.
Lien Negotiation and Net Recovery Protection
When you settle a third-party lawsuit, your employer’s workers’ comp carrier has a right to reimbursement for benefits they paid. Without legal representation, those liens may consume settlement proceeds that should compensate you for damages beyond what workers’ comp covered.
A construction workers’ compensation attorney in New York negotiates lien reductions with workers’ comp carriers, particularly when settlements don’t fully compensate all damages, protecting your net recovery rather than simply reimbursing the insurer.
Benefits of Hiring a Construction Accident Attorney
The advantages of legal representation extend beyond investigating claims and negotiating with insurers. Lewis & Lewis lawyers level the playing field against defendants who have in-house legal teams, provide access to expert resources you cannot afford individually, and operate on contingency fee arrangements that eliminate upfront costs.
Contingency Fee Structure Eliminates Upfront Costs
Construction accident lawyers work on contingency, meaning you pay no attorney fees unless they recover compensation through settlements or verdicts. The attorney’s fee comes as a percentage of the recovery. That structure means injured workers with no savings and mounting medical bills get experienced legal representation without paying hourly rates or retainer fees.
Access to Medical Experts and Specialists
Attorneys maintain relationships with medical experts, vocational rehabilitation specialists, economists, life care planners, and other professionals who can evaluate injury severity, calculate future treatment costs, assess lost earning capacity, and testify about long-term impacts.
When warranted, those experts provide opinions that transform vague claims about “permanent injury” into specific dollar amounts reflecting actual costs over your remaining work life.
Protection from Procedural Mistakes
Filing lawsuits involves statutes of limitations, venue requirements, service of process rules, and procedural deadlines that create grounds for dismissal when missed.
The statute of limitations for personal injury claims in New York is three years from the date of injury; however, certain defendants require earlier notice. Under New York law, municipal defendants must receive Notice of Claim within 90 days.
A personal injury lawyer for construction accidents in New York monitors those deadlines, files claims in proper venues, names correct corporate entities, and handles service of process, preventing procedural errors that foreclose otherwise valid claims.
Leveling the Playing Field
General contractors, property owners, and insurance companies have in-house legal teams and claims departments dedicated to minimizing payouts. When you handle claims alone, you’re negotiating against professionals who manage construction accident claims daily.
Experienced legal representation balances that disparity, bringing experience and resources that match what defendants deploy to limit their exposure.
Workers’ Comp vs Personal Injury Claims: Why You Might Need Both
Construction workers may assume workers’ comp is their only option, unaware that third-party personal injury claims run parallel to workers’ comp and recover damages that comp benefits never address.
What Workers’ Comp Covers
Workers’ compensation provides:
- Medical treatment with authorized providers
- Two-thirds of average weekly wage while you’re unable to work
- Lump-sum payments for permanent partial disability based on statutory schedules
- Death benefits for dependents when workplace accidents are fatal
Those benefits arrive quickly and don’t require proving fault, but they cap compensation and prohibit claims for pain and suffering, as well as full wage loss.
What Third-Party Lawsuits Recover
Third-party construction accident lawsuits pursue:
- Lost wages, not two-thirds caps
- Pain and suffering compensation
- Loss of enjoyment of life and emotional impacts
- Future earning capacity when permanent restrictions force career changes
- Comprehensive medical coverage, including treatment workers’ comp might deny
A Western New York construction accident lawyer coordinates both systems, protecting immediate workers’ comp benefits while building third-party claims for full compensation.
How Lewis & Lewis Evaluates Whether You Need Legal Help
Lewis & Lewis provides straightforward assessments of whether your construction accident case requires legal representation. That evaluation considers injury severity, claim complexity, insurance company conduct, and potential third-party liability.
Initial Case Review
When you call Lewis & Lewis about a construction accident, the firm gathers information about:
- How the accident happened and who was involved
- The nature and severity of your injuries
- What companies worked on the site beyond your direct employer
- Whether workers’ comp accepted your claim or denied benefits
- Whether you’ve given statements to insurance adjusters
- Whether you’ve received settlement offers
That information allows the attorneys to evaluate whether you need immediate representation, whether you can manage workers’ compensation claims alone while monitoring for issues, or whether third-party claims exist that require investigation.
Investigation and Evidence Assessment
For cases requiring legal help, Lewis & Lewis immediately begins evidence preservation and liability investigation. The firm dispatches investigators to accident sites, issues preservation letters to all potentially liable parties, requests OSHA reports, gathers contracts showing site control, and interviews witnesses before memories fade.
That investigation reveals whether general contractors, property owners, or equipment manufacturers bear liability under New York Labor Laws or common law negligence, and whether third-party claims would recover compensation beyond workers’ comp limits.
Ongoing Representation
Lewis & Lewis handles both workers’ comp management and third-party claim development, protecting immediate benefits while pursuing full compensation. The firm challenges benefit denials, fights inadequate disability ratings, negotiates with multiple insurance carriers, and coordinates settlements that account for workers’ comp liens and third-party damages.
When Should You Seek Legal Help After a Construction Accident?
Not every construction injury requires an attorney, but certain circumstances make legal representation the difference between recovering fair compensation and accepting inadequate settlements. Even in seemingly minor situations, legal help can be crucial to the success of your claim.
You may need a construction accident lawyer in Western New York if:
- Your injury required hospitalization, surgery, or will cause permanent disability or disfigurement
- Multiple companies worked on the site: general contractors, subcontractors, property owners, equipment rental firms
- Workers’ comp denied your claim, terminated benefits prematurely, or refused to authorize necessary medical treatment
- Your employer or the general contractor is pressuring you to return to work before your doctor clears you
- The accident involved a fall from height, a falling object, a trench collapse, electrocution, or clear safety violations
- You’ve received settlement offers that seem low compared to your medical bills and time out of work
- The accident involved defective equipment, missing safety gear, or violations of OSHA or New York safety regulations
- You’re unsure whether general contractors, property owners, or equipment manufacturers share responsibility for your injuries
FAQ About Legal Help After Construction Accidents
Should I Talk to a Lawyer After a Construction Accident in New York Even if Workers’ Comp Is Already Paying?
Yes, particularly when injuries are severe, multiple companies worked on the site, or the accident involved falls, falling objects, or clear safety violations. Workers’ comp provides immediate benefits, but caps compensation, and third-party claims against general contractors or property owners often recover far more than workers’ comp alone.
When Should I Call a Construction Accident Lawyer?
Call immediately after severe injuries requiring hospitalization or surgery, when workers’ comp denies your claim or cuts benefits, when multiple companies worked on the site, when you’re pressured to return to work before medical clearance, or when you’ve received settlement offers that seem low compared to your medical bills and time out of work.
What Can a Construction Accident Lawyer Do for Me?
A construction accident attorney preserves evidence before it disappears, investigates third-party liability, manages insurance company communication to prevent statements that undermine claims, challenges workers’ comp benefit denials, and negotiates settlements that account for future medical needs and lost earning capacity.
Can a Lawyer Help if My Construction Workers’ Comp Claim Was Denied?
Yes. A workers’ comp lawyer in Western New York appeals denied claims by gathering evidence insurers ignored, such as coworker statements, medical records showing no pre-existing condition, expert opinions connecting symptoms to workplace injuries, and documentation proving timely reporting despite employer claims otherwise.
Do I Need a Lawyer if Workers’ Comp Accepted My Claim?
You might still need a lawyer if multiple companies worked on the site where you got hurt, if the accident involved falls or falling objects, or if you suffered permanent injuries that will affect your earning capacity. Workers’ comp acceptance doesn’t preclude third-party claims that recover damages comp benefits never address, or problems that could arise later with your workers’ compensation claim.
Consult With Lewis & Lewis About Your Construction Accident Case
Construction workers hurt on the job deserve straightforward answers about whether legal representation protects their recovery and opens paths to fair compensation. Lewis & Lewis evaluates construction accident cases based on injury severity, claim complexity, and third-party liability, providing honest assessments of whether you need legal help.
Call (716) 854-2100 to discuss your situation and your options. Our experienced team is ready to assist you with your workers’ compensation and third-party claims.
