Construction Accident Attorneys in Buffalo, NY
Construction is a dangerous occupation. Injuries or fatalities caused by accidents on construction sites can lead to complex, challenging situations for families. Between dealing with personal injury, wrongful death, or social security disability lawsuits, it’s easy for people to feel overwhelmed and maybe even lose hope.
If you or someone you know has been injured in a construction accident, call the construction accident attorneys at Hiller Comerford Injury & Disability Law. We fight for the rights of our clients and are not intimidated by insurance companies. If someone is at fault for your or your loved one’s injuries, they should be held responsible for their actions.
Accidents or Negligence?
While incidents on construction sites are referred to as “accidents,” they are often the result of negligence. In reality, most injuries that happen during construction work are because of negligence on the part of a contractor, sub-contractor, equipment manufacturer, or property owner who fails to follow safety regulations. This often involves failure to provide adequate training, proper safety gear, or safe equipment on a worksite.
In an attempt to save time and money, contractors or subcontractors ignore safety regulations and put workers on their job sites in danger. They may make this decision under pressure from project managers or property owners who are more concerned about budgets and timelines than with the safety of those who are doing the work.
The Occupational Safety and Health Administration (OSHA) labels construction as a “high hazard industry.” Construction workers often perform tasks that place them in a variety of dangerous situations, including falling from high places, handling tools and equipment that lack protection, being struck by heavy machinery, and being exposed to toxic substances.
The Fatal Four
OSHA has identified the four main causes of construction worker deaths. These include:
- Falls
- Being struck by an object
- Electrocution
- Becoming caught in or between equipment
If these four types of accidents were eliminated, it would save countless lives per year. If you have a loved one who was killed while working on a construction site, call the construction accident attorneys at Hiller Comerford Injury & Disability Law. We want to help you get the compensation to which you are entitled.
Steps to Take After a Construction Accident
The moments following a construction accident can be frightening and confusing, but taking the right steps can protect your health and strengthen your legal case. Here’s what you should do:
- Seek Immediate Medical Attention: Prioritize your health and safety. See a doctor or visit an emergency room as soon as possible. Even if your injuries seem minor, a thorough evaluation is essential to rule out hidden injuries.
- Report the Incident: Notify your employer or supervisor as soon as possible to ensure your accident is well-documented. Be sure to provide a clear and detailed account of what happened.
- Document the Scene: If you can do so safely, take photos or videos of the accident site, equipment involved, and any visible injuries. Gather contact information from witnesses as well.
- Keep Detailed Records: Save all medical records, receipts, and correspondence related to your injury. These can be crucial evidence in your claim.
- Consult an Attorney: Construction accident cases can involve multiple legal routes, including workers’ compensation and third-party claims. An experienced lawyer can help you understand the complexities of your case and fight for the compensation you deserve.
At Hiller Comerford Injury & Disability Law, we’ve seen firsthand the impact construction accidents can have on workers and their families. That’s why our team is dedicated to providing compassionate and aggressive legal services to help you secure all the resources you need to recover.
Understanding Workers’ Compensation in New York
Construction work is inherently dangerous. That’s why it’s important to understand your rights and benefits under New York’s workers’ compensation laws.
Employers are required by law to provide workers’ compensation insurance to cover injuries to their employees. Under state law, construction workers across western New York cannot lose their jobs simply because they file a workers’ compensation claim.
In addition, workers’ compensation is a no-fault system. This means that that employees are eligible for benefits regardless of who caused the accident. These benefits may include:
- Medical Coverage: Payment for necessary medical treatments, surgeries, and rehabilitation
- Lost Wages: Partial replacement of lost income during recovery
- Disability Benefits: Compensation for temporary or permanent disabilities caused by the accident
- Death Benefits: Financial support for surviving family members if a worker dies as a result of their injury
There are strict deadlines when filing a workers’ compensation claim. These claims also require detailed documentation. Errors in the application process can cause delays or denials, making it even more important to talk with an experienced attorney who can guide you through the process.
Third-Party Liability Claims
While workers’ compensation benefits provide much-needed support, they may not fully cover the costs associated with a serious construction accident. In some cases, injured workers may be able to file a third-party liability claim.
Third-party liability claims are possible when an entity other than your employer contributes to the accident. Common examples include:
- Equipment Manufacturers: When defective tools or machinery fail and cause injury
- Subcontractors: Negligence by another contractor working on the same site
- Property Owners: Unsafe site conditions due to the owner’s failure to maintain the premises
Unlike workers’ compensation, these claims require proving negligence on the part of the third party. Successful third-party claims can provide support for pain and suffering, emotional distress, and other damages not covered by workers’ compensation. Our team thoroughly investigates each case to identify all potential sources of liability to maximize your compensation.
How Construction Accident Attorneys Can Help
Construction site accident claims can be complicated. Worksites are often busy, fast-paced environments with many people all working simultaneously. Attempting to identify the party or parties responsible for an accident can be overwhelming. Who was working when the accident occurred? Was there equipment involved? Are any witnesses available?
When securing evidence, time is of the essence. A construction accident attorney with knowledge of disability claims and personal injury law can be of great benefit to you. Using our investigative resources and knowledge of the law, we can help identify the relevant facts about the incident and act quickly to protect your rights.
Potential Compensation for Injured Construction Workers
Workers’ compensation insurance is helpful in many ways, but it does not provide the same type of financial relief that may be available to you through a personal injury lawsuit. A plaintiff in a personal injury lawsuit for a construction accident can receive compensation for several types of damages, including:
- Medical expenses
- Property damage
- Lost income
- Pain and suffering
- Punitive damages
Our construction accident attorneys will evaluate your case and vigorously pursue compensation from all potentially liable parties. In most cases, disputes are settled through negotiations with insurance companies. We will fight to get you adequate compensation for your injury.
A Wrongful Death Lawsuit
If you are grieving the unexpected loss of a loved one, a lawsuit might be the last thing on your mind. But if you lost someone because of an on-the-job accident at a construction site, you may be able to take legal action. The construction accident attorneys at Hiller Comerford Injury & Disability Law can help you find out whether you are entitled to financial compensation or not.
Statute of Limitations
In the state of New York, an injured party has three years to initiate legal action against any responsible party. If you attempt to file a lawsuit after three years have passed, your case will likely be immediately dismissed. The statute of limitations for a wrongful death lawsuit in New York is only two years.
If you think you may be entitled to compensation because of another person’s negligent actions, the clock is ticking. Call our construction accident attorneys today.
Why Call the Construction Accident Attorneys at Hiller Comerford Injury & Disability Law?
With all of the personal injury attorneys available across western New York, you may be wondering what sets us apart.
Personal Attention
From the beginning to the end of your case, you will work with the same attorney and case manager. Our construction accident attorneys work hard to make themselves available to their clients. This means your attorney will quickly respond to all of your questions.
Total Representation
A construction accident claim isn’t always a straightforward process. The identification of the responsible parties is a complex task. The attorneys at Hiller Comerford Injury & Disability Law have the experience, knowledge, and resources to handle all aspects of your claim so you can concentrate on healing.
Willing to Litigate
Although most personal injury lawsuits are settled through negotiations, it’s important to hire an attorney who can provide strong courtroom representation if needed. Sometimes litigation is the means to even more compensation for you. Many personal injury attorneys want to settle in the conference room because they are afraid of the courtroom. That is not the case with us.
Schedule a Free Consultation with Our Construction Accident Attorneys Today
If you have been injured in a construction accident or lost a loved one as the result of someone’s negligence, contact the team at Hiller Comerford Injury & Disability Law for a free consultation. You need the compassionate, personal, and knowledgeable advice of our construction accident attorneys. We offer a free, no-obligation consultation in which we will discuss your case and explain your legal options.
Recent Review
“This law firm is great they helped me in so many ways I give them five stars.” – Becky V.