Our Verdicts and Settlements
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Types of Construction Accident Cases We Handle in Amherst
New York construction employers reported 5,100 workplace injuries in 2024, and about two out of three were serious enough to keep the worker off the job or on restricted duty, according to the Bureau of Labor Statistics. Amherst has more active job sites than most residents realize, from work at the University at Buffalo North Campus to the Town’s Maple Road and North Bailey Avenue corridor project, and every one of them carries those same risks.
Our construction accident attorneys represent workers and their families in cases involving:
- Falls from scaffolds, ladders, roofs, and elevated work areas
- Falling tools, materials, and debris
- Scaffold, ladder, and platform collapses
- Trench and excavation cave-ins
- Crane, hoist, and lift accidents
- Electrocution and electrical burns
- Workers struck by vehicles or heavy equipment
- Caught-in or caught-between machinery accidents
- Defective tools, equipment, and safety gear
- Explosions, fires, and chemical or gas exposure
- Slips, trips, and falls on construction sites
- Injuries to non-employees lawfully on a construction site
- Wrongful death claims
Construction sites involve owners, general contractors, subcontractors, equipment lessors, and manufacturers, and the party that caused an accident is often not the party who signs your paycheck. A construction accident lawyer in Amherst can identify who controlled the site and the work, which safety rules applied, and which insurance policies are available before the site changes and the evidence goes with it.
Can I Sue If I Was Hurt on the Job in Amherst?
Usually, you cannot sue your employer for a workplace injury because workers’ compensation is generally your exclusive remedy. But New York law allows injured construction workers to pursue third-party claims against property owners, general contractors, or others whose negligence or Labor Law violation contributed to the accident. A third-party claim may provide damages workers’ compensation does not, including pain and suffering and certain lost earnings, and can proceed alongside your workers’ compensation claim.
Why Amherst Construction Workers Choose Hiller Comerford Injury & Disability Law
Construction in Amherst ranges from Town road projects and NYSDOT work to major commercial, residential, and University at Buffalo projects. When an accident happens, the party responsible may be different from the company that employs you.
Our main office is located at Amherst Development Park, 6000 N. Bailey Ave., Suite 1A. Across the firm, our 48 attorneys and 240-person team bring more than 27 years of litigation experience, over 300 years of combined legal experience, and nearly 20,000 clients served.
We Handle Workers’ Comp and Third-Party Claims Together
Our Amherst personal injury lawyers handle both workers’ compensation and personal injury claims, allowing us to coordinate your comp claim, pursue a third-party lawsuit, and address the workers’ compensation carrier’s lien. That coordination matters because statements or settlements in one claim can affect the other.
We Know the Labor Laws That Protect Amherst Construction Workers
New York Labor Law §§ 240(1), 241(6), and 200 can apply when workers are injured in falls, excavation accidents, equipment incidents, and other construction hazards. We examine the worksite, the parties involved, and the applicable Industrial Code provisions to determine which protections apply.
Our Results Include a $2.4 Million Construction Injury Settlement
Our results include a $2.4 million settlement at trial for a construction worker. Past results do not guarantee a future outcome. We prepare Amherst construction injury claims around the evidence, responsible parties, and damages involved in each individual case.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Compensation Can I Recover After an Amherst Construction Accident?
Workers’ compensation and a third-party Labor Law claim pay for different things. Depending on the facts, your construction accident lawyer in Amherst may pursue:
- Workers’ compensation medical benefits: Reasonable and necessary treatment for your work-related injury.
- Workers’ compensation wage benefits: Benefits based on your average weekly wage and degree of disability, subject to New York’s limits. Certain permanent injuries may also qualify for a Schedule Loss of Use award.
- Lost earnings and reduced earning capacity: A third-party claim may provide compensation for lost earnings and reduced future earning capacity beyond workers’ compensation.
- Pain and suffering: Compensation available through a qualifying third-party personal injury claim, but not workers’ compensation.
- Future medical and care costs: Treatment, rehabilitation, prosthetics, home modifications, and other necessary long-term care.
- Loss of consortium or services: A spouse may have a separate claim when a serious injury affects the marriage or the injured spouse’s ability to provide services.
- Wrongful death and survival damages: Separate claims may address a family’s recoverable financial losses and damages the worker sustained before death.
Labor Law § 240(1) can impose significant liability on owners and contractors when a covered elevation-related accident causes an injury. Meanwhile, the workers’ compensation carrier may have a lien against a third-party recovery. An Amherst construction accident attorney can coordinate both claims and work to maximize the compensation you ultimately receive.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How Can a Construction Accident Attorney in Amherst Help?
From your first call through the resolution of your workers’ compensation and third-party claims, our attorneys manage the investigation, filings, and insurers so you can focus on recovering.
✓ Preserving the site and equipment: We document conditions, identify witnesses, and work to preserve the ladder, scaffold, harness, tool, or other equipment involved before the site changes. If Amherst Police responded, we can obtain the report.
✓ Obtaining the safety record: We can seek OSHA inspection and citation records through the Buffalo Area Office, which covers Erie County, along with site safety plans, daily logs, and other relevant records.
✓ Identifying who controlled the site: We examine the relationships between owners, general contractors, and subcontractors to determine who may be responsible under New York Labor Law and whose insurance may apply.
✓ Protecting your workers’ compensation claim: We handle the workers’ compensation claim and disputes over medical treatment, wage benefits, and other benefits through the New York Workers’ Compensation Board’s Buffalo District, which serves Erie County.
✓ Meeting public-entity deadlines: Claims involving the Town of Amherst, Erie County, or other public entities may have short notice requirements. Claims against New York State entities, including certain claims involving the University at Buffalo, can follow separate Court of Claims procedures.
✓ Documenting the injury and its effect on your trade: We work with your treating physicians, including providers at ECMC or Millard Fillmore Suburban, and when appropriate, vocational and economic experts to document how the injury affects your ability to work.
✓ Negotiating and preparing for trial: We evaluate third-party offers, address the workers’ compensation carrier’s lien, and prepare each case for trial in Erie County Supreme Court when necessary.
✓ Coordinating disability benefits: If your injury prevents you from returning to work, our Social Security Disability attorneys can pursue SSD benefits alongside your workers’ compensation and injury claims.
Whether you were injured on a University at Buffalo project, a Transit Road development, or a Town road project, the parties, deadlines, and legal claims can differ. Our job is to identify the rules that apply to your specific Amherst construction accident and protect each available claim.
Common Construction Accident Injuries in Amherst, NY
Construction injuries tend to be severe because of the heights, weights, and forces involved. Our construction accident attorneys frequently represent workers with:
- Traumatic brain injuries and concussions
- Spinal cord injuries and paralysis
- Broken bones and complex fractures requiring surgery or hardware
- Amputations and crush injuries
- Electrical and thermal burns
- Back, neck, shoulder, and knee injuries
- Hearing loss and other injuries from prolonged noise exposure
- Respiratory injuries from dust, fumes, and chemical exposure
For construction workers, a serious injury can affect more than the ability to work today. Damage to the back, knees, shoulders, or other parts of the body may prevent a worker from returning to the physical demands of a trade or reduce their future earning capacity. A construction accident lawyer in Amherst can assess how the injury affects your work, medical needs, and long-term ability to earn.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
Deadlines for Construction Accident Claims in New York
New York’s statute of limitations for a construction accident claim generally depends on the type of claim and who is responsible. Several deadlines may apply after a construction accident in Amherst:
- Workers’ compensation: Notify your employer within 30 days and generally file your claim with the Workers’ Compensation Board within two years.
- Third-party claims: Negligence and Labor Law claims generally have a three-year statute of limitations under CPLR § 214(5).
- Municipal projects: Claims against the Town of Amherst, Erie County, or another public entity may require a Notice of Claim within 90 days.
- New York State projects: Claims against New York State entities, including certain SUNY claims, generally require a claim or Notice of Intention within 90 days under Court of Claims procedures.
- Wrongful death: Generally, two years from the date of death.
Because a construction accident case usually involves more than one of these deadlines, the safest step is to have a construction accident lawyer at Hiller Comerford review the facts early and calendar every date that applies. Remember that evidence can disappear fast, and some may be deleted if no formal request for preservation is sent.
Frequently Asked Questions
Construction workers and their families tend to ask us the same handful of questions in the first week after an accident. Here are the answers. If yours isn’t covered, reach out for a free case evaluation and we’ll walk through it.
What should I do after a construction accident in Amherst, NY?
Report the accident to your employer, seek medical attention, document the scene if you can safely do so, and preserve information about witnesses and the equipment involved. You should also speak with a construction accident lawyer before giving a recorded statement to an insurer or signing a settlement.
Can I sue if I was injured in a construction accident in Amherst?
Possibly. Workers’ compensation generally covers injuries caused by your employment, but New York law may also allow a third-party personal injury claim against a property owner, general contractor, subcontractor, or another responsible party. A third-party claim in Amherst can provide compensation that workers’ compensation does not, including pain and suffering.
What is New York Labor Law 240 in a construction accident?
New York Labor Law § 240(1), often called the Scaffold Law, protects workers from certain elevation-related hazards. It can impose liability on covered property owners and contractors when a worker is injured in a qualifying fall or by a falling object. Whether the law applies depends on the accident and the work being performed.
What construction accidents are covered by New York Labor Law?
Labor Law §§ 240(1), 241(6), and 200 address different construction hazards and duties. Section 240(1) covers certain elevation-related accidents, while § 241(6) addresses specific safety requirements on construction, excavation, and demolition sites. Section 200 generally concerns safe working conditions and supervision. The facts of the accident determine which protections may apply.
How much is a construction accident claim worth in Amherst, New York?
There is no fixed value for a construction accident claim. The potential recovery depends on the severity of the injury, medical treatment, lost earnings, future earning capacity, pain and suffering, and whether a third-party claim is available. Workers’ compensation benefits and any workers’ compensation lien can also affect the final recovery.
What if I was injured on a construction project at UB or another public site in Amherst?
The deadline and procedure may differ when a public entity is involved. Claims against New York State entities can be subject to Court of Claims requirements, while claims against the Town of Amherst, Erie County, or other municipal entities may require a Notice of Claim within 90 days. The specific owner or public entity should be identified before assuming the standard three-year deadline applies.
