Construction Site Accidents

A construction accident leaves you with immediate questions: How will I pay medical bills? What happens to my income? Who’s responsible? The first hours, days, and weeks after a job site injury could determine the strength of your case. 

Lewis & Lewis represents Jamestown and Chautauqua County construction workers in workers’ compensation claims and third-party lawsuits against negligent general contractors, property owners, subcontractors, and equipment manufacturers. We move fast to preserve evidence, investigate liability under New York Labor Law, and pursue fair compensation. 

Injured on a Jamestown construction site? Call (716)664-7354 immediately for a free consultation. Our Jamestown construction accident lawyer handles cases throughout Chautauqua County, from Lakewood to Falconer to Dunkirk.

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Jamestown Construction Accident Guide

• Key Takeaways for Jamestown Construction Workers
• Why Choose Lewis & Lewis for Your Jamestown Construction Accident Case
• Understanding Your Rights: Workers’ Compensation vs Third-Party Claims
• New York Labor Law: Powerful Protections for Jamestown Construction Workers
• Who Faces Liability in Chautauqua County Construction Accidents
• Construction Risks Across Jamestown and Chautauqua County
• How Lewis & Lewis Builds Your Case
• Damages Available in Jamestown Construction Cases
• What to Do in the First 48 Hours After a Jamestown Construction Injury
• FAQ: Jamestown Construction Accident Claims
• Contact a Chautauqua County Construction Injury Lawyer

Key Takeaways for Jamestown Construction Workers

• New York Labor Law Section 240(1) creates absolute liability for falls and falling-object injuries when owners or contractors failed to provide adequate safety devices
• Third-party lawsuits recover pain and suffering, full lost wages, and future damages that workers’ compensation does not cover
• Multiple parties beyond your employer might face liability—general contractors, property owners, subcontractors, equipment suppliers, manufacturers
• Construction sites change within days; immediate legal involvement preserves photographs, witness statements, equipment, and incident reports before they disappear
• You have three years from the injury date to file a construction accident lawsuit in New York, but evidence preservation cannot wait

Why Choose Lewis & Lewis for Your Jamestown Construction Accident Case

Construction accident cases involve multiple areas of law, including workers’ compensation, Labor Law statutory claims, product liability, premises liability, and personal injury damages, that must be coordinated simultaneously to protect your rights.

Insurance companies have legal teams that can start working on their defense within hours of your injury. Without experienced counsel of their own, injured workers face significant disadvantages that could cost them substantial compensation.

At Lewis & Lewis, we take the immediate steps required to preserve evidence and create a long-term strategy. 

We Respond Within 24-48 Hours

Construction sites change overnight. We investigate immediately, sending preservation letters and documenting conditions before evidence vanishes. This aggressive approach secures proof, protecting critical information that can prove who is responsible for your damages. 

80+ Years Representing Chautauqua County Workers

Our Jamestown office at (716)664-7354 serves construction workers throughout Chautauqua County. We appear regularly in local courts, work with UPMC Chautauqua and regional medical providers, and understand the contractors and developers active on Jamestown job sites.

Dual-Track Representation for Comprehensive Recovery

We handle both workers’ compensation and third-party litigation simultaneously, so you get immediate benefits while pursuing compensation through civil claims. This approach prevents gaps and makes sure your rights are protected. 

No Fee Unless We Recover Compensation

You pay nothing unless we win. Our contingency fee removes financial barriers, allowing injured workers to pursue justice against well-funded corporate defendants.

Lewis & Lewis has recovered over $1 billion for injured workers across Western New York. See what our clients have to say. 

Understanding Your Rights: Workers’ Compensation vs Third-Party Claims

Many Jamestown construction workers believe workers’ compensation is their only option. That’s not true. New York law provides two separate paths to compensation, and most serious construction accidents involve both.

Workers’ Compensation: Immediate but Limited Benefits

Workers’ compensation provides medical coverage and partial wage replacement regardless of who caused the accident. Benefits begin quickly after filing a C-3 form with the New York Workers’ Compensation Board. You receive two-thirds of your average weekly wage while unable to work and full coverage for medical treatment with authorized providers. However, workers’ compensation excludes pain and suffering, full lost wages, loss of enjoyment of life, emotional trauma, and most economic impacts of permanent disability. 

Third-Party Claims: Possible Compensation for All Damages

When your injury results from negligence by parties other than your direct employer, New York law allows you to file a civil lawsuit seeking complete compensation.

These lawsuits allow potential recovery of 100% of lost wages, future earning capacity, all medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium for your spouse.

We Handle Both Simultaneously

Lewis & Lewis coordinates your workers’ compensation claim and third-party litigation from day one. While filing C-3 forms, preparing you for Independent Medical Exams, representing you at Workers’ Compensation Board hearings, and pursuing Schedule Loss of Use awards, we simultaneously investigate Labor Law violations, identify liable third parties, and build your civil case. This dual approach provides immediate benefits while preserving your right to full compensation.

New York Labor Law: Powerful Protections for Jamestown Construction Workers

New York provides construction workers with strong legal protections through Labor Law Sections 240(1), 241(6), and 200. These statutes impose strict duties on property owners and general contractors that exceed ordinary negligence standards, creating liability even when workers’ own conduct contributes to accidents.

Statute	What It Covers	Liability Standard	Key Advantage
Section 240(1)	Falls from heights, falling objects, elevation-related hazards	Absolute liability regardless of worker conduct	You might recover full compensation even if your own actions contributed to the accident
Section 241(6)	Specific Industrial Code safety violations	Must prove specific code violation caused injury	Establishes concrete proof of negligence through regulatory violations
Section 200	Dangerous premises conditions, unsafe work methods	Must prove notice or control over conditions	Covers jobsite hazards beyond elevation-related incidents

These statutes level the playing field for workers against well-funded insurance companies and corporate defendants. A construction accident lawyer analyzes your injury against all three sections, identifies which statutes apply, proves violations through testimony and investigation, and pursues fair compensation.

Who Faces Liability in Chautauqua County Construction Accidents

Construction projects involve numerous entities, each potentially bearing responsibility for unsafe conditions:

• General contractors coordinate subcontractors, oversee site safety, and control work conditions. Labor Law liability attaches even when you work for a subcontractor, as long as the general contractor failed to provide required safety devices, enforce protocols, or correct hazards.
• Property owners—homeowners adding rooms, business owners renovating facilities, developers constructing new buildings—face strict liability under Sections 240(1) and 241(6) regardless of daily involvement in operations.
• Subcontractors whose negligence injures workers from other trades face third-party liability. An electrical crew creating trip hazards that cause a plumber to fall, or an excavation contractor failing to shore a trench properly, bear responsibility for resulting injuries.
• Equipment rental companies supplying scaffolding, ladders, forklifts, or aerial lifts face liability when defects cause injury—missing guardrails, structural failures, brake malfunctions.
• Manufacturers face strict product liability for defective fall arrest systems, power tools lacking guards, cranes with design flaws, or scaffolding with structural weaknesses. These claims do not require proof of negligence.
• Architects and engineers might face liability when design errors or inadequate specifications create inherent fall hazards or cause collapses.

Construction Risks Across Jamestown and Chautauqua County

Chautauqua County construction presents distinct challenges shaped by the region’s mix of residential, commercial, and public infrastructure projects.

Residential Construction

Residential construction and renovation across Jamestown, Lakewood, Falconer, and surrounding communities involves work on older homes with steep roofs, tight working spaces, and homeowners unfamiliar with safety requirements. Contractors working without proper fall protection, adequate scaffolding, or guardrails cause serious injuries.

Commercial Developments

Commercial development in downtown Jamestown and along major corridors requires coordination between multiple trades in occupied buildings and compressed timelines. Inadequate communication between subcontractors, poor housekeeping, and pressure to meet deadlines create struck-by hazards, electrocution risks, and fall dangers.

Public Infrastructure

Public infrastructure projects, such as road construction, bridge work, municipal building renovations, and water and sewer installations, involve trench work, heavy equipment operation, traffic control, and work near underground utilities. Trench collapses, struck-by accidents, and electrocution from contact with power lines cause preventable fatalities.

Manufacturing and Industrial Projects

Manufacturing and industrial facilities throughout Chautauqua County require ongoing maintenance, equipment installation, and expansion. Work in operating facilities creates confined space hazards, exposure to machinery and chemicals, and falls from elevated platforms.

New York Winter Weather Hazards

Winter weather compounds every hazard. Ice on scaffolds and ladders, snow obscuring trip hazards, and frozen ground complicating trench work increase injury risks from November through March. Contractors who fail to adjust safety practices for winter conditions face liability when predictable hazards cause accidents.

How Lewis & Lewis Builds Your Case

Your Jamestown, New York construction accident claim requires immediate action, thorough investigation, and strategic coordination between workers’ compensation and third-party litigation.

Immediate Evidence Preservation

We send preservation letters within 24-48 hours requiring all parties to retain photographs, incident reports, safety meeting records, equipment inspection logs, witness statements, and OSHA documentation. Our investigators may visit sites, photograph conditions, measure distances and heights, inspect equipment, and interview witnesses before conditions change.

Expert Witness Retention

When warranted, we retain construction safety consultants, structural engineers, accident reconstruction specialists, vocational rehabilitation specialists, and life care planners to establish liability and calculate damages. Technical testimony could transform accident circumstances into persuasive evidence supporting substantial awards.

Workers’ Compensation Coordination

We handle the Workers’ Compensation Board process while building your third-party case. The workers’ compensation carrier has a lien on civil settlements, but we may negotiate reductions that increase your net recovery. For catastrophic injuries, we structure settlements to preserve eligibility for future medical benefits.

What to Do in the First 48 Hours After a Jamestown Construction Injury

Report the injury immediately.

Notify your supervisor, foreman, or site manager in writing. Even if the injury seems minor, documented reporting protects your workers’ compensation claim and establishes a timeline for third-party litigation.

Seek medical treatment. 

Go to UPMC Chautauqua or another emergency facility. Tell medical providers the injury is work-related so that records accurately reflect causation. Follow all treatment recommendations and attend every appointment.

Document the scene. 

Take photographs of the accident location, equipment involved, safety violations, and visible injuries from multiple angles. Capture the broader site context, like missing guardrails, inadequate lighting, cluttered walkways, and defective equipment. If you cannot photograph the scene yourself, ask a trusted coworker to document conditions before they change.

Identify witnesses. 

Get names and contact information for everyone who saw the accident or its immediate aftermath, including coworkers, other subcontractors, delivery drivers, and site inspectors. Construction workers scatter to new projects within weeks. Witness contact information obtained today might be impossible to find next month.

Preserve evidence. 

Keep damaged equipment, defective tools, safety gear, and physical items involved in the incident. If a ladder rung broke, keep the ladder. If a harness failed, preserve it. Photograph the equipment from all angles before it’s discarded or repaired.

Do not give statements. 

Insurance adjusters for general contractors, property owners, and other parties may contact you seeking recorded statements. Decline politely and refer them to your attorney. Statements made in confusion and pain immediately after injury could be used against you later.

Call a construction accident lawyer. 

Contact Lewis & Lewis at (716)664-7354 before site conditions change. We send preservation letters requiring all parties to retain photographs, incident reports, safety records, equipment inspection logs, and OSHA documentation. Early involvement protects rights you might not know you have.

FAQ: Jamestown 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 injury date. However, evidence preservation cannot wait, making immediate legal consultation critical.

Can I Be Fired for Filing a Lawsuit against the General Contractor?

New York law prohibits retaliation against workers who file construction accident lawsuits or workers’ compensation claims. Termination, demotion, or threats for exercising legal rights might create additional claims for wrongful termination and retaliation.

What if the General Contractor Blames Me for the Accident?

Section 240(1) imposes absolute liability regardless of worker conduct. Even if you contributed to the accident, you might recover full compensation as long as the owner or contractor failed to provide adequate safety devices. Section 241(6) and 200 claims might be affected by comparative negligence, but New York allows recovery even when you bear partial fault.

Will My Workers’ Compensation Benefits Continue during a Lawsuit?

Yes. Workers’ compensation and third-party claims are independent. Filing a lawsuit does not jeopardize your workers’ compensation benefits, which continue regardless of civil litigation. The carrier holds a lien on third-party recovery but cannot reduce benefits because you pursued additional claims.

What if I’m Working for a Small Subcontractor with Minimal Insurance?

Your subcontractor employer’s limited insurance does not cap third-party recovery. General contractors, property owners, equipment suppliers, and manufacturers all carry separate insurance policies. 

How Much Does a Construction Accident Lawyer Cost in Jamestown?

Lewis & Lewis works on a contingency-fee basis. You pay nothing unless we recover compensation. Our fee comes as a percentage of the settlement or verdict.

Contact a Chautauqua County Construction Injury Lawyer

Construction accidents end careers, create financial hardship, and impose profound physical and emotional burdens on workers and families. You need a Jamestown construction accident attorney who understands New York Labor Law, moves immediately to preserve evidence, and explores available paths to compensation.

Do not accept quick settlement offers or speak with insurance adjusters before consulting an attorney. General contractors and insurers protect their interests. You need representation that protects yours.

Call (716)664-7354 for a free consultation with a personal injury lawyer. Lewis & Lewis represents injured workers throughout Western New York. There is no fee unless we win your case.

Schedule a Free Consultation

Lewis & Lewis – Personal Injury Lawyer – Jamestown Office Location

Address: 413 N. Main Street Jamestown, NY 14701
Phone: (716) 664-7354