Buffalo Construction Accident Lawyer

At RK&L, we understand the devastating impact that construction accidents can have on workers and their families in Buffalo and Western New York. Our team of dedicated Buffalo construction accident lawyers has helped numerous injured construction workers secure the compensation they deserve while navigating the complex legal landscape of workplace injury claims. Contact us today to discuss your construction accident claim and learn how we can help you move forward.

Financial Compensation You May Be Entitled To After a Construction Accident

As your trusted Buffalo construction accident lawyer, RK&L understands the significant financial burden that construction site injuries can place on workers and their families. Our construction accident attorneys work diligently to help injured workers recover all forms of compensation they deserve under New York law. Below is a comprehensive overview of the types of compensation you may be entitled to after a construction accident:

• Medical Expenses: Coverage for all accident-related medical care, including emergency treatment, surgeries, hospital stays, medications, physical therapy, and ongoing rehabilitation services.
• Lost Wages: Compensation for income lost while recovering from your injuries, including regular wages, overtime, bonuses, and other employment benefits you would have earned.
• Future Earning Capacity: Reimbursement for reduced ability to earn income in the future due to permanent injuries or disabilities that affect your work capabilities.
• Pain and Suffering: Monetary compensation for physical pain, emotional distress, and mental anguish resulting from your construction accident injuries.
• Permanent Disability: Financial support for long-term or permanent impairments that affect your ability to work or perform daily activities.
• Disfigurement: Compensation for visible scarring, burns, or other physical changes that result from your construction site accident.
• Medical Equipment: Coverage for necessary adaptive devices, mobility aids, or medical equipment required for your recovery or ongoing care.
• Home Modifications: Funds for necessary changes to your residence to accommodate injury-related disabilities or limitations.
• Vocational Rehabilitation: Payment for job retraining programs or educational courses if you cannot return to construction work due to your injuries.
• Loss of Life Enjoyment: Compensation for diminished ability to participate in hobbies, recreational activities, or family life due to your injuries.
• Transportation Costs: Reimbursement for travel expenses related to medical appointments and necessary medical care.
• Family Support Services: Coverage for household help, childcare, or other family assistance needed during your recovery period.
• Workers' Compensation Benefits: State-mandated insurance benefits that provide weekly payments and medical coverage for work-related injuries.
• Third-Party Claims: Additional compensation from parties other than your employer who may be responsible for your construction accident injuries.

At RK&L, our Buffalo construction accident lawyer team thoroughly evaluates every aspect of your case to ensure we pursue all available forms of compensation. We understand the New York Labor Law and work tirelessly to maximize your recovery while you focus on healing. Contact our construction accident attorneys today for a free consultation to discuss your right to financial compensation after a construction site injury.

How a Buffalo Construction Accident Lawyer Can Help

Here's how we can assist with your construction accident case:

• Immediate Case Investigation: Our Buffalo construction accident lawyer team conducts thorough on-site investigations, preserving crucial evidence, documenting conditions, and gathering witness statements before important details are lost or conditions change.
• Workers' Compensation Guidance: We ensure proper filing of workers' compensation claims, meet critical deadlines, and help you understand your benefits while protecting your rights throughout the claims process.
• Third-Party Liability Assessment: Our construction accident attorneys evaluate potential claims against parties other than your employer, such as equipment manufacturers, subcontractors, or property owners who may share responsibility for your injuries.
• Evidence Collection and Preservation: We gather and protect essential documentation, including accident reports, OSHA violations, medical records, employment records, and photographic evidence to build a strong case.
• Medical Treatment Coordination: Our team helps ensure you receive appropriate medical care, maintains communication with your healthcare providers, and documents all accident-related injuries and treatments.
• Insurance Company Communications: We handle all interactions with insurance companies, protecting you from potentially damaging statements while negotiating for fair compensation on your behalf.
• Labor Law Compliance Analysis: Our Buffalo construction accident lawyer team examines potential violations of New York Labor Law sections 200, 240, and 241, which provide special protections for construction workers.
• Accident Reconstruction: When necessary, we work with construction safety professionals to reconstruct accident scenarios and demonstrate liability through detailed analysis and documentation.
• Damages Calculation: We carefully assess all forms of compensation you may be entitled to, including medical expenses, lost wages, pain and suffering, and long-term care needs.
• Settlement Negotiations: Our construction accident lawyer leverage strong evidence and legal knowledge to negotiate maximum compensation while keeping you informed of all settlement offers and options.
• Trial Preparation: If a fair settlement cannot be reached, we prepare a compelling case for trial, including securing expert testimony and developing effective courtroom presentations.
• Future Care Planning: We work with medical professionals to understand your long-term care needs and ensure any settlement or verdict accounts for future medical expenses and life care costs.
• Benefits Coordination: Our team helps coordinate various benefits, including workers' compensation, disability, and social security, to maximize your total compensation.
• Family Support: We provide guidance to family members, helping them understand their roles in supporting your recovery and legal case while protecting their rights to companion claims when applicable.

At RK&L, our Buffalo personal injury lawyer team is committed to providing comprehensive legal representation while you focus on recovery. We handle all aspects of your case, from initial investigation through final resolution, ensuring your rights are protected every step of the way. Contact our construction accident lawyer today for a free consultation to learn how we can help with your construction accident case.

Construction Accident Cases We Take in Buffalo

Our construction accident lawyers handle cases throughout Erie County and beyond, bringing dedicated attention to each unique situation. Here are the types of construction accident cases we handle:

• Scaffold and Ladder Falls: Cases involving falls at high-rise construction sites along Delaware Avenue, the Buffalo Medical Campus, or during renovation work in the Elmwood Village, where proper fall protection was compromised or missing.
• Heavy Equipment Accidents: Incidents involving cranes, bulldozers, or other heavy machinery at major development sites like Canalside or the Outer Harbor, including equipment malfunction, operator error, or inadequate training situations.
• Electrical Injuries: Cases stemming from contact with live wires, improper lockout/tagout procedures, or electrical system failures during both new construction near the Peace Bridge and renovation projects in historic Allentown.
• Structural Collapses: Accidents involving building, trench, or scaffold collapses during demolition work in the Old First Ward or new construction projects along the Buffalo River corridor.
• Falling Object Injuries: Cases where falling materials, tools, or debris at multi-story construction sites throughout downtown Buffalo or during infrastructure work on the Skyway struck workers.
• Trench Cave-ins: Incidents involving improperly secured excavation sites during utility work in South Buffalo, the West Side, or suburban developments in Amherst and Clarence.
• Chemical Exposure: Cases involving harmful exposure to toxic substances, including asbestos during renovation of historic buildings near Symphony Circle or chemical spills at industrial construction sites in Lackawanna.
• Equipment Malfunction: Injuries caused by defective tools, machinery failures, or improperly maintained equipment at residential and commercial construction sites across Western New York.
• OSHA Violation Cases: Situations where contractors failed to follow federal safety regulations, resulting in injuries at construction sites from North Buffalo to the Southtowns.
• Winter Weather Accidents: Cases specific to Buffalo's challenging winter conditions, including slip-and-falls on icy scaffolding or accidents related to snow removal at construction sites.
• Building Material Accidents: Injuries caused by defective or improperly stored construction materials at supplier yards along William Street or at active construction sites throughout Erie County.
• Safety Equipment Failures: Cases involving malfunctioning or inadequate personal protective equipment during work on major projects like the Buffalo Niagara Medical Campus expansion.

Common Injuries Associated with Construction Accidents

As your Buffalo construction accident lawyer, RK&L has extensive experience representing workers who have suffered serious injuries on construction sites. Our construction accident lawyer understands how these injuries can impact your life, career, and family. Here are the common types of injuries we see in construction accident cases:

• Traumatic Brain Injuries: Ranging from mild concussions to severe brain trauma, these injuries often result from falls, falling objects, or equipment accidents and can have long-lasting cognitive and physical effects.
• Spinal Cord Injuries: Damage to the spinal cord from falls or crushing accidents can result in partial or complete paralysis, requiring lifelong medical care and substantial lifestyle modifications.
• Broken Bones and Fractures: Construction accidents frequently cause complex fractures that may require multiple surgeries, extended recovery time, and physical therapy to regain function.
• Crush Injuries: Workers caught between heavy equipment, materials, or collapsed structures can suffer severe tissue damage, internal injuries, and potential limb loss requiring extensive reconstruction.
• Burns and Electrical Injuries: Contact with live electrical wires, arc flashes, or fires can cause severe burns, nerve damage, and internal injuries that often require specialized treatment and rehabilitation.
• Amputations: The loss of limbs or digits due to machinery accidents, crushing incidents, or severe trauma can permanently affect a worker's ability to perform construction work and daily activities.
• Eye Injuries: Exposure to flying debris, chemicals, welding flash, or penetrating objects can cause partial or complete vision loss, requiring ongoing medical treatment.
• Repetitive Stress Injuries: Continuous physical labor and repetitive motions can lead to chronic conditions affecting joints, muscles, and tendons, potentially requiring surgical intervention.
• Internal Organ Damage: Blunt force trauma from falls, equipment impacts, or crushing accidents can cause severe damage to vital organs, often requiring emergency surgery and extended recovery.
• Post-Traumatic Stress Disorder: Beyond physical injuries, construction accidents can cause severe psychological trauma, requiring mental health treatment and counseling.
• Respiratory Conditions: Exposure to toxic substances, dust, or harmful materials can lead to chronic respiratory problems, including asthma, silicosis, or other long-term lung conditions.
• Joint Injuries: Damage to knees, shoulders, hips, and other joints from falls, overexertion, or trauma can require multiple surgeries and extensive rehabilitation.
• Severe Lacerations: Deep cuts from tools, equipment, or materials can cause significant blood loss, nerve damage, and permanent scarring requiring reconstructive surgery.
• Hearing Loss: Exposure to loud equipment, explosions, or continuous construction noise can result in permanent hearing damage or complete hearing loss.
• Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons can cause chronic pain and limited mobility, often requiring ongoing medical treatment.

Common Causes of Construction Accidents

As your Buffalo construction accident lawyer, RK&L has investigated countless construction site accidents throughout Western New York. Our construction accident lawyer has identified patterns in these incidents and understands the critical safety violations that often lead to worker injuries. Here are the most common causes of construction accidents we encounter:

• Inadequate Fall Protection: Failure to provide proper guardrails, safety nets, or personal fall arrest systems for workers at heights, violating OSHA regulations and New York Labor Law Section 240.
• Scaffolding Deficiencies: Improper assembly, insufficient maintenance, overloading, or lack of proper guardrails and access ladders on scaffolding systems that lead to catastrophic failures.
• Safety Training Gaps: Insufficient worker training on equipment operation, safety protocols, or hazard recognition that leaves workers vulnerable to dangerous situations on construction sites.
• Equipment Maintenance Issues: Poor maintenance of construction equipment, tools, and machinery that results in mechanical failures or malfunctions during operation.
• Communication Breakdowns: Lack of clear communication between contractors, supervisors, and workers about safety hazards, equipment operation, or ongoing construction activities.
• Electrical Safety Violations: Improper lockout/tagout procedures, unmarked power lines, or inadequate protection from electrical hazards that lead to severe accidents.
• Material Handling Problems: Improper storage, stacking, or transportation of construction materials that creates falling object hazards or crushing risks.
• Trench Safety Failures: Lack of proper shoring, sloping, or protective systems in excavations that can lead to deadly trench collapses.
• PPE Deficiencies: Failure to provide or require appropriate personal protective equipment such as hard hats, safety glasses, or respiratory protection.
• Site Housekeeping Issues: Poor organization of materials, tools, and debris that creates trip hazards and unsafe working conditions throughout the construction site.
• Weather-Related Hazards: Failure to adjust work schedules or implement additional safety measures during adverse weather conditions like rain, snow, or high winds.
• Crane Operation Errors: Improper crane setup, overloading, or operation by untrained personnel that can result in catastrophic accidents.
• Chemical Exposure: Inadequate ventilation, lack of proper containment, or insufficient protective equipment when working with hazardous materials.
• Fire Safety Oversights: Insufficient fire prevention measures, lack of proper storage for flammable materials, or inadequate emergency evacuation procedures.
• Equipment Misuse: Operation of construction equipment or tools in ways that violate manufacturer guidelines or safety protocols, often due to pressure to complete work quickly.

As your Buffalo construction accident lawyer, RK&L thoroughly investigates these and other causes of construction accidents to establish liability and secure compensation for injured workers. Our construction accident lawyer understands how to identify safety violations, document evidence, and build strong cases based on the specific cause of your accident. If you've been injured on a construction site, contact us today for a free consultation to discuss how we can help determine the cause of your accident and protect your legal rights.

Who Is Liable for My Construction Accident Injury?

As your Buffalo construction accident lawyer, RK&L understands that determining liability in construction accidents can be complex, often involving multiple responsible parties. Our construction accident attorneys conduct thorough investigations to identify all parties who may be held accountable for your injuries under New York law. Here are the potential parties who may bear responsibility for your construction accident:

• General Contractors: These companies have overall responsibility for site safety and coordination of work activities, making them potentially liable for accidents caused by inadequate safety measures or poor site management.
• Property Owners: Under New York Labor Law Sections 240 and 241, property owners can be held absolutely liable for certain types of construction accidents, particularly those involving falls from heights or falling objects.
• Subcontractors: Other companies working on the site may be liable if their workers' actions or negligence contributed to creating unsafe conditions that led to your injury.
• Equipment Manufacturers: Companies that design, manufacture, or distribute defective construction equipment or machinery can be held liable through product liability claims when their products cause injuries.
• Material Suppliers: Suppliers who provide defective materials or fail to properly warn about material hazards may bear responsibility for accidents caused by their products.
• Project Architects/Engineers: Design professionals may be liable if their plans contained errors or omissions that created unsafe conditions leading to construction accidents.
• Safety Consultants: Third-party safety consultants hired to oversee site safety can be held responsible if their negligence in identifying or addressing hazards contributes to an accident.
• Equipment Rental Companies: Companies that rent construction equipment may be liable if they provide poorly maintained or defective equipment that causes injuries.
• Site Safety Managers: Individual safety managers or coordinators may bear responsibility if their negligence in enforcing safety protocols leads to accidents.
• Maintenance Companies: Third-party companies responsible for equipment maintenance or site upkeep can be liable if their negligence contributes to unsafe conditions.
• Other Trade Contractors: Workers or companies from other trades working on the site may be responsible if their actions create hazards that cause accidents.
• Construction Management Firms: Companies hired to oversee construction projects may be liable for failures in project coordination or safety oversight.
• Tool Manufacturers: Companies that produce hand tools, power tools, or other construction equipment may be liable for injuries caused by defective products.
• Insurance Companies: While not directly liable, various insurance carriers may be responsible for providing compensation through workers' compensation or liability coverage.

What To Do After Being Injured on a Construction Site

As your Buffalo construction accident lawyer, RK&L knows that the steps you take immediately following a construction site injury can significantly impact your health and legal rights. Our construction accident attorneys have developed this comprehensive guide to help protect your interests after an accident. Here are the essential steps to take:

• Seek Immediate Medical Care: Even if your injury seems minor, get medical attention right away as some serious injuries may not show symptoms immediately and proper documentation of your injuries is crucial for your case.
• Report the Accident: Notify your supervisor or site manager about the accident as soon as possible, ensuring the incident is properly documented according to workplace protocols and OSHA requirements.
• Document the Scene: If you're able, take photos or videos of the accident scene, including any equipment involved, hazardous conditions, or safety violations that contributed to your injury.
• Gather Witness Information: Collect names and contact information from coworkers or others who witnessed the accident, as their testimony may be valuable for supporting your claim.
• Preserve Evidence: Keep your work clothes, equipment, or any other items involved in the accident in their post-accident condition, as they may serve as important evidence.
• Record Key Details: Write down or record a voice memo about exactly what happened while the details are fresh in your memory, including the time, location, and circumstances of the accident.
• Follow Medical Advice: Attend all medical appointments and follow your healthcare provider's treatment plan precisely, as gaps in medical care can be used to challenge your claim.
• Track Your Expenses: Keep detailed records of all accident-related expenses, including medical bills, prescription costs, travel expenses for medical care, and lost wages.
• Maintain an Injury Journal: Document your daily pain levels, limitations, and how the injury affects your work and personal life, as this information helps demonstrate the impact of your injuries.
• Avoid Social Media: Refrain from posting about your accident or injuries on social media, as insurance companies may use your posts to dispute your claim.
• Decline Recorded Statements: Do not give recorded statements to insurance companies or sign any documents without first consulting your Buffalo construction accident lawyer.
• File Required Claims: Submit necessary workers' compensation claims within the required timeframe while preserving your right to pursue additional third-party claims.
• Document Work Restrictions: Keep copies of all work restrictions or disability notes from your healthcare providers to protect your rights when returning to work.
• Report Safety Violations: If you observed safety violations that contributed to your accident, report them to OSHA while keeping copies of any documentation.

Get the Legal Support You Deserve

If you've been injured in a construction accident, don't face the challenges alone. As your Buffalo construction accident lawyer, RK&L will fight tirelessly to protect your rights and secure the compensation you deserve. Our construction accident attorneys offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today to discuss your construction accident claim and learn how we can help you move forward.

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Buffalo Construction Accident Lawyer FAQs

How long do I have to file a construction accident lawsuit in New York?

As your Buffalo construction accident lawyer, we advise that you generally have three years from the date of injury to file a personal injury lawsuit. However, there are shorter deadlines for workers' compensation claims and cases against government entities. We recommend contacting our construction accident attorneys as soon as possible to ensure all deadlines are met.

Can I still recover compensation if I was partially at fault for my construction accident?

Under New York's comparative negligence law, you can still pursue compensation even if you were partially at fault. Your recovery may be reduced by your percentage of fault, but you maintain the right to seek damages. Our Buffalo construction accident lawyer team can help evaluate your case and protect your rights.

What if my employer doesn't have workers' compensation insurance?

If your employer failed to maintain required workers' compensation coverage, you may be able to sue them directly and seek compensation from the Uninsured Employers Fund. Our construction accident attorneys can help explore all available options for securing compensation.

Will I be fired for filing a construction accident claim?

New York law prohibits employers from retaliating against workers who file workers' compensation claims or construction accident lawsuits. If you experience retaliation, our Buffalo construction accident lawyer team can help protect your employment rights while pursuing your injury claim.

What if my injury prevents me from returning to construction work?

If you cannot return to construction work, you may be entitled to vocational rehabilitation services, long-term disability benefits, and compensation for diminished earning capacity. Our construction accident attorneys will work to secure benefits that support your transition to alternative employment.

Do I need to see specific doctors for my construction accident injuries?

While workers' compensation may require you to see approved providers, you generally have the right to choose your own doctors for treatment covered by third-party claims. Our Buffalo construction accident lawyer team can help coordinate your medical care to ensure proper documentation while protecting your right to choose providers.

What if the at-fault party offers me a quick settlement?

We strongly advise against accepting settlement offers without consulting our construction accident attorneys first. Early offers are often far below the true value of your claim and may not account for future medical needs or long-term impacts of your injuries.

Can undocumented workers file construction accident claims?

Yes, undocumented workers maintain the right to file workers' compensation claims and construction accident lawsuits in New York. Our Buffalo construction accident lawyer team can help protect your rights regardless of immigration status.

How do construction accident settlements get paid out?

Settlements may be paid as a lump sum or structured over time through periodic payments. Our construction accident attorneys will help you understand the tax implications and benefits of different payment structures to make an informed decision.

What happens if multiple parties share liability for my accident?

When multiple parties share liability, we pursue claims against all responsible parties to maximize your compensation. New York law allows recovery from each party based on their percentage of fault. As your Buffalo construction accident lawyer, we work to identify and hold all negligent parties accountable.