Construction workers hurt on the job face a choice that affects their financial recovery for years: accept workers’ compensation benefits alone, or pursue additional claims against contractors, property owners, and equipment suppliers. Most injured workers assume workers’ comp is their only option, unaware that general contractors, property owners, equipment manufacturers, and scaffolding companies might owe them additional compensation for lost wages, pain and suffering, and future earning capacity.
Lewis & Lewis handles both workers’ compensation claims and third-party construction accident lawsuits for injured workers across Western New York. The firm protects your immediate workers’ comp benefits while simultaneously investigating third-party liability against general contractors, property owners, and equipment suppliers.
Want to learn more about how a construction accident attorney at Lewis & Lewis can help? Call (716) 854-2100.
Key Takeaways for Construction Accident Injury Claims
- New York Labor Law 240 imposes strict liability on property owners and general contractors for falls and injuries caused by falling objects, meaning workers don’t need to prove traditional negligence
- Workers’ comp covers two-thirds of average weekly wages and medical treatment, but third-party lawsuits recover lost wages, pain and suffering, future earning capacity, and permanent disability impacts
- Evidence from construction sites disappears as worksites get cleaned up and contractors move to the next project, making immediate legal representation critical for preserving site photos, witness statements, equipment maintenance records, and OSHA inspection reports
- Construction accidents involve multiple liable parties, including general contractors, property owners, subcontractors, and equipment manufacturers, who each carry separate insurance policies and point fingers at each other during settlement negotiations
- Lewis & Lewis coordinates both workers’ comp benefits and third-party lawsuits simultaneously, protecting immediate medical coverage and wage replacement while building claims against general contractors, property owners, and equipment suppliers
How New York Construction Accident Laws Create Paths Beyond Workers’ Comp
Workers’ compensation covers medical treatment and partial wage replacement regardless of fault, but it caps benefits and bars claims for pain, suffering, or lost earning capacity.
Third-party construction accident claims operate under completely different laws, like New York Labor Law 240, Labor Law 241, and common law negligence, that allow you to sue general contractors, property owners, equipment manufacturers, and other parties for compensation.
The Difference Between Workers’ Comp and Third-Party Claims
A New York construction accident lawyer coordinates both systems simultaneously. Workers’ comp provides immediate benefits from your employer’s insurer, while third-party claims pursue damages from other responsible parties. Those third-party claims recover what workers’ comp doesn’t touch:
- Wage loss, not capped percentages
- Pain and suffering compensation
- Loss of future earning capacity
- Long-term impact of permanent injuries
New York Labor Law 240: The Scaffold Law
New York Labor Law 240, commonly referred to as the Scaffold Law, imposes strict liability on property owners and general contractors when workers fall from heights or are struck by falling objects due to inadequate safety equipment. That strict liability standard means you don’t need to prove negligence in the traditional sense; you prove the fall or falling object happened and that safety protections were insufficient. Property owners and general contractors cannot escape liability by blaming subcontractors or claiming you were partially at fault.
Beyond Falls: Other Construction Site Liability
Construction site accident lawyers in New York also recognize when manufacturer defects, toxic exposures, or roadway hazards near a worksite open additional claims under Labor Law 241 (safety violations on construction sites) or common law negligence. A crane collapse might involve the crane manufacturer, the maintenance company, and the site supervisor. A trench collapse might implicate the excavation subcontractor and the engineer who signed off on shoring plans. Each liable party brings another insurance policy and another avenue for recovery.
How Lewis & Lewis Handles Construction Worker Injury Claims
Lewis & Lewis brings decades of experience representing construction workers across Western New York who face the intersection of workers’ comp benefits and third-party liability claims. The firm focuses on workers’ compensation cases, including construction site injuries, which means the attorneys understand how to coordinate immediate comp benefits while building third-party claims against general contractors, property owners, and equipment suppliers.
Investigation and Documentation
When you call Lewis & Lewis about a construction accident, the firm immediately begins preserving evidence that disappears as worksites get cleaned up and contractors move to the next project.
The attorneys:
- Dispatch investigators to photograph site conditions
- Issue preservation letters to all potentially liable parties
- Request OSHA inspection reports and safety violation records
- Interview witnesses while memories remain fresh
- Gather equipment maintenance records and manufacturer specifications
- Collect safety training logs and daily site supervision records
Third-Party Claim Development
Lewis & Lewis identifies when New York Labor Law 240, 241, or common-law negligence creates liability beyond your employer. The firm analyzes contracts to determine who controlled the worksite, who had authority to correct hazards, and which parties failed to provide adequate safety equipment. That analysis may reveal multiple defendants, each with separate insurance policies.
Workers’ Comp Protection
While building third-party claims, Lewis & Lewis protects your workers’ comp benefits from premature cuts or denials. The firm challenges independent medical exams that rush you back to work, fights benefit terminations when you still need treatment, and appeals disability ratings that undervalue permanent restrictions.
Settlement Negotiation and Lien Resolution
When multiple insurance policies and liable parties enter settlement talks, Lewis & Lewis coordinates negotiations that account for damages and resolve workers’ comp liens efficiently. The firm’s attorneys negotiate lien reductions with workers’ comp carriers, protecting your net recovery rather than simply reimbursing the comp carrier for benefits already paid.
Why the Benefits of Hiring a Construction Accident Lawyer Outweigh Going It Alone
The advantages of hiring a construction accident lawyer in New York start with understanding what your case is worth. Insurers offer settlements based on what they think you’ll accept, not what your injuries objectively cost.
Accurate Case Valuation
An attorney calculates medical expenses, lost wages, future treatment, diminished earning capacity, and non-economic damages like pain and the inability to perform daily activities you took for granted before the accident.
That calculation sometimes relies on assistance from:
- Medical experts who explain future treatment needs
- Vocational rehabilitation specialists who assess earning capacity
- Economists who calculate lifetime wage loss
- Life care planners who project long-term medical costs
Leveling the Playing Field
A construction worker injury lawyer in New York levels the playing field against defendants who have in-house legal teams and claims departments dedicated to minimizing payouts.
Protection from Retaliation and Pressure
Employers or general contractors might suggest that hiring a lawyer may make you look “difficult” or jeopardize your standing in the local trades. New York law prohibits retaliation for asserting legal rights, but workers rarely push back without counsel. Your attorney becomes the voice asserting those rights while you focus on recovery, physical therapy, and returning to work when medically appropriate.
Procedural Compliance
Hiring a New York construction injury attorney also means someone monitors statutes of limitations and procedural rules you won’t find in a Google search. Filing a lawsuit after the statute of limitations expires, in the wrong venue, naming the wrong corporate entity, or failing to serve defendants properly all create grounds for dismissal.
How Workers’ Comp and Third-Party Lawsuits Work Together
New York law generally bars workers from suing their direct employer in exchange for receiving workers’ comp benefits. That trade-off means your employer’s workers’ comp insurer pays medical bills and partial wages regardless of fault, but you cannot sue your employer for pain, suffering, or wage loss.
Suing Third Parties While Getting Workers’ Comp
Construction workers may sue general contractors, property owners, equipment manufacturers, and other third parties while simultaneously receiving workers’ comp from their direct employer.
For example, a carpenter employed by a framing subcontractor who falls because the general contractor failed to provide proper scaffolding can sue the general contractor and property owner under Labor Law 240 while collecting workers’ comp from the framing company’s insurer.
Those claims run on parallel tracks with workers’ comp providing immediate benefits and the third-party lawsuit pursuing damages.
Rare Exceptions: When You Might Sue Your Employer
Exceptions exist when an employer intentionally causes injury or engages in conduct substantially certain to cause injury.
Examples include: removing mandatory safety equipment, ordering workers onto unstable scaffolding despite engineer warnings, or ignoring repeated OSHA violations might rise to that level.
A construction accident attorney evaluates whether your employer’s conduct crosses that threshold.
Lien Negotiation and Net Recovery
Workers’ comp carriers have a right to reimbursement from third-party settlements, but attorneys negotiate those liens down, particularly when the settlement doesn’t fully compensate all damages. Without legal representation, workers’ comp liens often consume settlement proceeds that should have gone to you.
Workers’ Comp vs. Third-Party Claims: What You Can Recover
Workers’ compensation in New York typically covers two-thirds of your average weekly wage up to a statutory cap, capped further by your pre-injury earnings. Third-party construction accident claims recover damages workers’ comp never addresses.
| Type of Damage | Workers’ Compensation | Third-Party Lawsuit |
| Medical Treatment | Covered (authorized providers only) | Reimbursement including future care, revision surgeries, pain management |
| Lost Wages | Two-thirds of average weekly wage (capped) | 100% of lost wages |
| Future Earning Capacity | Not covered once you return to any work | Difference between pre-injury wage and reduced earning capacity over remaining work life |
| Pain and Suffering | Not covered | Compensated based on injury severity and impact |
| Loss of Enjoyment of Life | Not covered | Compensated for inability to perform daily activities, hobbies, family engagement |
| Permanent Disability | Lump sum based on statutory schedule | Valuation based on actual impact on earning capacity and quality of life |
| Out-of-Pocket Expenses | Limited coverage | Transportation to appointments, home modifications, assistive devices, hired help |
The amount of your damages and the type you can recover will depend on the specifics of your claim. A Lewis & Lewis lawyer analyzes your claim to determine whether you have a case against a third party and what damages you may be able to recover.
Do I Need a Lawyer for My Western New York Construction Accident?
When you’re unsure whether you need a construction accident lawyer in New York, consider these indicators:
- Your injury required hospitalization, surgery, or will cause permanent disability or disfigurement
- The accident involved a fall from height, a falling object, a trench collapse, or electrocution
- Multiple companies worked on the site: general contractor, subcontractors, property owners, equipment rental firms
- Your employer or the general contractor is pressuring you to return to work before your doctor clears you
- The workers’ comp insurer denied treatment, cut off benefits, or scheduled an independent medical exam
- 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 clear violations of OSHA or New York safety regulations
Waiting to hire a lawyer rarely improves outcomes. Evidence deteriorates, witnesses move or forget details, and defendants have more time to prepare defenses. Early representation also deters insurers from taking advantage of your lack of legal knowledge during the critical weeks after an injury when you’re focused on pain management and financial stress, not legal strategy.
FAQ About Hiring a Construction Accident Lawyer
Do I Need a Lawyer for a Construction Accident in New York if I’m Already Getting Workers’ Comp?
Workers’ comp covers only a fraction of actual damages and bars claims for pain, suffering, and wage loss. A New York construction accident attorney investigates third-party liability under Labor Law 240 and related statutes, pursuing compensation that workers’ comp doesn’t provide.
Who Is Liable for a Construction Accident in New York?
Liability might rest with property owners, general contractors, subcontractors, equipment suppliers, or manufacturers, depending on the cause of injury. New York Labor Law 240 imposes strict liability on owners and contractors for falls and injuries caused by falling objects, while other accidents are subject to traditional negligence analysis.
How Much Is My Construction Accident Case Worth in New York?
Case value depends on injury severity, permanence, wage loss, future medical needs, and the degree of defendant liability. New York construction accident lawyers calculate damages, working with medical experts, vocational specialists, and economists when necessary to assess long-term impacts beyond workers’ comp schedules.
Should I Get a Lawyer after a Construction Site Accident, Even if the Insurance Company Seems Cooperative?
Insurers prioritize minimizing payouts, not protecting your interests. Early cooperation could quickly shift to denials or low offers once you’ve given recorded statements or signed medical authorizations. A construction accident lawyer in Western New York protects your rights before cooperative adjusters become adversarial.
What Happens if My Loved One Died in a Construction Accident in New York?
New York allows certain family members to file wrongful death claims against third parties responsible for the fatal accident, recovering loss of financial support, funeral expenses, and emotional loss that workers’ comp death benefits don’t fully address. A construction accident attorney files both workers’ comp death benefits and wrongful death lawsuits against liable contractors, property owners, or equipment manufacturers simultaneously.
Talk With Lewis & Lewis About Your Construction Injury Claim
Construction injuries leave workers fighting to pay bills, recover mobility, and return to the skilled trades that supported their families. When workers’ comp falls short and liable parties deny responsibility, Lewis & Lewis investigates third-party claims, challenges unfair insurance tactics, and pursues compensation that reflects your losses.
Questions about liability, workers’ comp coordination, or how New York’s labor laws apply to your accident? Call (716) 854-2100 to talk through your situation and your options.
