Construction Site Accidents

Construction workers earn their living in one of the most dangerous professions in America. When you climb scaffolding, operate heavy machinery, work in trenches, or install electrical systems, you trust that others have followed safety regulations designed to protect your life. When they cut corners to save time or money, you pay the price.

Lewis & Lewis represents Olean and Cattaraugus County construction workers injured by preventable accidents caused by negligent contractors, defective equipment, and unsafe site conditions. We fight to recover fair compensation through both workers’ compensation and third-party lawsuits under New York Labor Law.

Hurt on an Olean construction site? Call an Olean construction accident lawyer at (716)372-1890 immediately for a free consultation. We serve construction workers throughout Cattaraugus County, from Salamanca to Allegany and across the Southern Tier.

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Olean Construction Accident Guide

• Key Facts for Olean Construction Workers
• Why Olean Construction Workers Choose Lewis & Lewis
• Your Legal Options: Two Separate Paths to Compensation
• New York Labor Law Protects Construction Workers from Negligent Contractors
• Who Faces Liability in Cattaraugus County Construction Accidents
• Construction Hazards Across Olean and the Southern Tier
• How We Build Strong Cases Against Well-Funded Defendants
• Compensation Available in Olean Construction Cases
• What to Do Immediately After a Construction Accident
• FAQ: Olean Construction Accident Claims
• Get Help After a Cattaraugus County Construction Injury

Key Facts for Olean Construction Workers

• New York Labor Law Section 240(1) provides absolute liability when falls from heights or falling objects result from inadequate safety devices
• Workers’ compensation pays two-thirds of wages and covers medical treatment, but excludes pain and suffering, complete wage loss, and future earning capacity
• General contractors, property owners, subcontractors, equipment suppliers, and manufacturers all face potential liability separate from your employer’s workers’ compensation insurance
• Construction sites change within days, so preserving photographs, witness statements, equipment, and incident reports is crucial
• You have three years from the injury date to file a personal injury lawsuit in New York, but immediate legal action preserves evidence 

Why Olean Construction Workers Choose Lewis & Lewis

Construction workers often face well-funded opponents when pursuing third-party claims, including general contractors with multi-million-dollar liability policies, insurance companies with legal teams that minimize payouts, property owners with their own insurers, and equipment manufacturers that employ corporate defense firms. 

Lewis & Lewis levels the playing field. We’ve represented Western New York construction workers for over 80 years. Our lawyers understand and anticipate defense strategies and refuse inadequate settlement offers.

When you work with Lewis & Lewis, you get:

• Immediate evidence preservation with spoliation letters sent immediately, requiring all parties to retain photographs, incident reports, safety records, and OSHA documentation
• Dual-track representation handling both your workers’ compensation claim and third-party litigation simultaneously for maximum recovery
• Local access with statewide resources, our Olean office serves Cattaraugus County workers with support from experienced construction injury attorneys throughout Western New York
• Construction safety professionals and medical specialists, retained when warranted to establish liability and calculate lifetime damages
• Regular communication, keeping you informed throughout the process without legal jargon or runaround
• Aggressive negotiation, pushing back against lowball offers, and documenting aspect of your damages
• Trial-ready representation when insurance companies refuse fair settlements
• Contingency-fee representation with no upfront costs, no hourly billing, and no fee unless we recover compensation

Over $1 billion recovered for injured workers across Western New York. Call (716)372-1890 for a free consultation with an Olean construction accident lawyer who fights for working families.

Your Legal Options: Two Separate Paths to Compensation

Many injured construction workers don’t realize they may have rights beyond workers’ compensation. Understanding the difference between the no-fault workers’ comp system and third-party liability claims determines whether you get a fair recovery and hold responsible parties accountable for their negligence. 

Workers’ Compensation Provides Immediate but Limited Benefits

The New York Workers’ Compensation Board administers a no-fault system that provides medical coverage and partial wage replacement regardless of who caused your accident. After filing a C-3 form, you receive two-thirds of your average weekly wage while unable to work and full coverage for treatment with authorized providers.

Unfortunately, workers’ compensation excludes pain and suffering, emotional trauma, loss of life enjoyment, and complete economic damages.

Third-Party Claims Potential to Recover Complete Compensation

When parties other than your direct employer caused or contributed to your injury through negligence, defective equipment, or safety violations, New York law preserves your right to file a civil lawsuit seeking full compensation. 

These lawsuits allow potential recovery of:

• 100% of lost wages, not just two-thirds
• Future earning capacity for decades of career earnings lost to permanent injury
• All medical expenses past and future
• Pain and suffering from catastrophic injuries
• Emotional distress and loss of life quality
• Loss of consortium for your spouse

Dual-Track Advocacy for Comprehensive Recovery

Lewis & Lewis handles both systems simultaneously:

• Workers’ Compensation: Filing C-3 forms, preparing you for Independent Medical Exams, representing you at Board hearings, pursuing Schedule Loss of Use awards, ensuring wage replacement and medical benefits continue
• Third-Party Litigation: Investigating Labor Law violations, identifying all liable parties, preserving evidence, retaining construction safety professionals, negotiating with insurance companies, litigating civil claims to verdict when necessary

This coordinated approach provides immediate support while preserving your right to full compensation. 

New York Labor Law Protects Construction Workers from Negligent Contractors

New York’s Labor Law Sections 200, 240(1), and 241(6) create strict duties that property owners and general contractors cannot escape through contracts or by blaming workers. These statutes provide construction workers with legal protections far stronger than ordinary negligence claims.

Section 240(1) Creates Absolute Liability for Falls and Falling Objects

Labor Law Section 240(1), or the Scaffold Law, holds owners and general contractors absolutely liable when workers are injured by falls from heights, objects falling from above, or failures of safety devices during construction, demolition, repair, alteration, painting, or cleaning work.

Liability attaches regardless of the worker’s conduct. For example, a carpenter who falls when an improperly secured ladder collapses might recover compensation even if he positioned the ladder himself. 

Courts presume owners and contractors are liable unless they prove the worker’s actions alone caused the injury. This means that comparative negligence does not reduce Section 240(1) recovery. This absolute liability creates substantial leverage in settlement negotiations and trial.

Section 241(6) Establishes Liability for Safety Code Violations

Labor Law Section 241(6) requires owners and general contractors to comply with specific New York State Industrial Code safety regulations addressing fall protection, excavation, scaffolding, protective equipment, lighting, housekeeping, and hazard protection.

Proving a Section 241(6) claim requires showing a specific Industrial Code regulation applied to the work, the owner or contractor violated that regulation, and the violation caused the injury. 

Common violations include:

• Missing guardrails at unprotected edges
• Improper trench shoring based on soil conditions and depth
• Defective or improperly assembled scaffolding
• Insufficient lighting in work areas
• Cluttered walkways creating trip hazards

Multiple code violations from a single accident support independent claims.

Section 200 Addresses Premises Conditions and Unsafe Work Methods

Labor Law Section 200 creates liability when owners or contractors create or have notice of dangerous premises conditions that cause injury, or when they exercise supervisory control over work methods and direct unsafe practices. 

For example, if a laborer who trips over debris left in a walkway by the general contractor, slips on ice that the property owner failed to remove, or is injured using defective tools provided by the owner, they might recover under Section 200.

Who Faces Liability in Cattaraugus County Construction Accidents

Construction projects involve multiple entities beyond your direct employer, each potentially bearing legal responsibility:

• General contractors coordinate subcontractors and control site safety, meaning that Labor Law liability attaches even when you work for a subcontractor
• Property owners (homeowners, businesses, developers, municipalities) face strict liability under Sections 240(1) and 241(6) regardless of daily involvement
• Subcontractors whose negligence injures workers from other trades, like excavation contractors who fail to shore trenches, electrical crews creating trip hazards, and roofing contractors whose materials fall and strike workers below
• Equipment rental companies supplying scaffolding, ladders, forklifts, aerial lifts, trenching equipment, or cranes when defects cause injury
• Manufacturers of defective fall arrest systems, power tools, cranes, scaffolding, or personal protective equipment face strict liability without requiring proof of negligence
• Design professionals (architects and engineers), when errors, omissions, or inadequate specifications create hazards or cause structural failures

Our workers’ comp and construction accident attorneys can investigate the cause, theories of liability, and identify the parties that may be to blame for your injuries.

Construction Hazards Across Olean and the Southern Tier

Cattaraugus County’s Southern Tier location creates distinct construction challenges. Lewis & Lewis is familiar with Olean and Cattaraugus County, giving our team useful insights into local construction projects, practices, and accidents. 

Categories of Construction Hazards

Transportation infrastructure (I-86, Routes 417, 16):

• Work zones with vehicle traffic
• Bridge work at elevation
• Heavy equipment operation
• Struck-by accidents and falls from bridge structures

Energy sector construction:

• Natural gas infrastructure and pipeline work
• Confined space hazards
• Trenching and excavation in remote locations
• Exposure to high-pressure systems and flammable materials

Commercial development (Olean, Salamanca, Allegany):

• Coordination between trades in occupied buildings
• Compressed timelines creating pressure to cut corners
• Struck-by hazards, electrocution risks, fall dangers

Residential construction:

• Work on older structures with steep roofs and tight spaces
• Challenging terrain and limited equipment access
• Homeowners unfamiliar with safety requirements
• Contractors working without proper fall protection or scaffolding

Winter conditions (November through April):

• Ice on scaffolds and ladders
• Snow obscuring hazards
• Frozen ground complicating excavation
• Reduced daylight and harsh weather affecting operations

How We Build Strong Cases Against Well-Funded Defendants

Construction accident cases require immediate action and strategic investigation to overcome well-funded insurance companies and corporate defense teams. From the moment you hire Lewis & Lewis, we move aggressively to preserve evidence, identify all liable parties, and build a strong case for fair compensation.

Immediate Evidence Preservation 

Construction sites are constantly changing, so fast action is crucial. We send spoliation letters requiring all parties to preserve relevant documents, including photographs, incident reports, safety records, equipment logs, witness statements, and OSHA documentation. 

Our investigators document site conditions, photograph hazards, inspect equipment, and interview witnesses before memories fade or workers transfer to new projects. 

Comprehensive Investigation and Expert Testimony

Our Olean construction accident attorneys analyze contracts, site supervision, safety protocols, and equipment maintenance records to identify regulatory violations and establish liability. 

When warranted, we retain construction safety consultants, structural engineers, accident reconstruction specialists, vocational rehabilitation professionals, and life care planners who provide the technical testimony judges and juries find persuasive. These professionals transform accident circumstances into evidence supporting substantial damage awards.

Strategic Coordination Between Claims Systems

Unlike some other firms, we manage Workers’ Compensation Board proceedings for immediate benefits while also building your third-party case. This dual approach helps wage replacement and medical coverage continue while we pursue full compensation through civil litigation. 

We also negotiate workers’ compensation lien reductions that increase your net recovery and, for catastrophic injuries, structure settlements to preserve future medical benefit eligibility.

Compensation Available in Olean Construction Cases

Third-party construction accident lawsuits allow potential recovery of damages workers’ compensation excludes. The difference between accepting workers’ comp alone and pursuing third-party claims could mean the difference between partial support and compensation that addresses the full lifetime impact of catastrophic injury.

Medical Expenses and Future Care

Recovery includes emergency treatment, hospitalization, surgery, rehabilitation, medications, medical equipment, home modifications for accessibility, and attendant care. When injuries cause permanent disability requiring lifetime medical management, life care planners calculate the present value of future needs.

Lost Wages and Earning Capacity

Third-party claims can seek 100% of lost income from an injury through settlement or trial, not the two-thirds of lost income that workers’ compensation provides. Future earning capacity addresses your reduced ability to work over a lifetime.

Pain, Suffering, and Loss of Life Quality

Physical pain from injuries and treatment, mental anguish, depression, anxiety, loss of independence, and reduced quality of life all warrant compensation. Catastrophic injuries causing paralysis, brain damage, amputation, or disfigurement profoundly impact daily activities, relationships, and future plans. 

Juries assign value to these losses based on injury severity, permanence, age, and life impact.

Loss of Enjoyment and Consortium

Serious injuries can prevent participation in activities that previously brought joy, such as playing with children, engaging in recreational pursuits, hobbies, travel, and intimate relationships. Your spouse holds an independent claim for loss of companionship, affection, and services resulting from your injury.

Punitive Damages

When defendants knowingly violate safety regulations, ignore repeated warnings, or prioritize profit over worker safety, punitive damages might be available to punish egregious conduct. However, they are awarded only in rare circumstances.

The compensation available depends on the severity, permanence, age, and earning capacity of the injury, the strength of the liability evidence, and how damages are documented and presented.

FAQ: Olean Construction Accident Claims

How Long Do I Have to File a Construction Accident Claim in NY?

New York’s statute of limitations for personal injury claims is generally three years from the injury date. 

Will a Lawsuit Affect My Workers’ Comp Benefits?

No. Filing a lawsuit does not jeopardize your workers’ compensation benefits, which continue regardless of civil litigation. The compensation carrier may hold a lien on third-party recovery but cannot reduce benefits because you pursued additional claims.

Do I Pay Attorney Fees up Front?

No. 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, in accordance with New York law.

What if My Employer Paid Me Cash or off the Books?

New York Labor Law protections apply to all construction workers regardless of how you were paid or your immigration status. Workers’ compensation eligibility might be complicated if your employer failed to report wages or carry proper insurance, but third-party claims against proceed independently of your employment status or payment method.

Can Family Members File a Claim if a Loved One Died in a Construction Accident?

Yes. When construction accidents result in wrongful death, the deceased worker’s estate may file claims against liable parties, including general contractors, property owners, subcontractors, and equipment manufacturers. These claims are separate from workers’ compensation death benefits.

Get Help After a Cattaraugus County Construction Injury

After a construction accident injury, you need an attorney who understands New York Labor Law, acts immediately to preserve evidence, fights against well-funded opponents, and pursues compensation that addresses both the immediate crisis and the long-term impacts.

You do not need to accept quick settlement offers or speak with insurance adjusters before consulting an attorney. Protect your interests and call (716)372-1890 for a free consultation with a personal injury lawyer.

Lewis & Lewis represents injured construction workers throughout Cattaraugus County and Western New York. No fee unless we win your case.

Schedule a Free Consultation

Lewis & Lewis – Personal Injury Lawyer – Olean Office Location

Address: 174 North Union Street Olean, NY 14760
Phone: (716) 372-1890