Construction Accident Attorneys Serving Buffalo and All of New York
The Buffalo construction accident lawyers at Fromen Injury Law understand the devastating impact that a construction accident can have on the life of an injured worker. After a serious injury, you may be facing pain, disability, high medical bills, and time away from work that you cannot afford.
As an injured construction worker, you need to understand your rights under New York law. You may have several options for pursuing compensation, but without legal assistance, it can be very difficult to determine which route is best. The construction accident lawyers at Fromen Injury Law understand the hardships you may be facing. We can handle every step of the legal process so you can focus on healing. We’ll protect your rights, look out for your best interests, and fight for you like family.
If you were hurt in a construction accident, contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. Our firm has recovered more than $300 million in verdicts and settlements on behalf of our clients and we may be able to help you. Our construction accident lawyers proudly serve Buffalo and other areas in New York.
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We’ll Fight for You Like Family
For more than 60 years, Fromen Injury Law has placed the best interests of our clients at the core of our work. We have a reputation for taking—and winning—difficult cases deemed “unwinnable” by lesser firms. Insurance companies know us by name and know that we don’t settle for lowball offers. We demand exceptional outcomes for our family of clients because we don’t look at the dollar signs, we look at the impact we make on the lives of those we represent.
What Are the Most Common Construction Site Accidents?
Every day, construction workers deal with dangerous equipment, hazardous materials, and environmental risks. To help reduce the risk of danger, everyone on a construction site must be mindful and diligent about safety.
Foremen, site supervisors, and construction companies have a duty to ensure that safety measures are taken and that the health and well-being of everyone on the job are prioritized. When safety precautions are skipped, severe injuries and even death can occur.
The Buffalo construction accident lawyers at Fromen Injury Law are committed to holding wrongdoers accountable for their negligence and carelessness. If you were hurt on the jobsite, we will fight to ensure your rights and best interests are protected.
OSHA’s “Fatal Four”
Of the many risks construction workers face on the job site, the Occupational Safety and Health Administration (OSHA) has identified four types of safety hazards that are responsible for most construction worker fatalities. These are referred to as the “Fatal Four.” In past years, the fatal four have been responsible for over 60% of all construction worker fatalities.
1. Falls
The most common citations issued by OSHA involve violations of fall protection standards. Falls are generally categorized into two overarching types:
- Falls from heights: These include falls from ladders, roofs, scaffolding, and incomplete structures. This can also include falls into trenches, elevator shafts, and more.
- Falls on the same level: These typically involve slip, trip, and fall accidents caused by wet surfaces, loose wires, cluttered walkways, and other hazards.
2. Struck-By Accidents
Struck-by accidents occur when objects fall, roll, or swing on construction sites. Most often, these accidents happen when tools or supplies fall from heights onto workers below, but they may also occur when a worker is struck by a vehicle or piece of equipment.
Common examples of struck-by accidents in construction include:
- Materials falling from masonry and concrete walls
- Heavy objects (such as building materials, tools, etc.) falling onto a worker
- Vehicles or equipment hitting workers; the greatest danger is often when vehicles or machines are driven in reverse
Many struck-by accidents are caused by sheer carelessness. On a construction site, a momentary lapse in judgment can lead to life-altering or life-ending repercussions.
3. Electrocution
Electrical current is a primary hazard on construction sites. Some of the most significant electrocution risks construction workers face include:
- Contact with underground or overhead power lines
- Defective, damaged, or improperly installed wiring
- Malfunctioning machinery and tools
- Poor electrical outlet grounding
Electric shocks can cause severe burns and damage internal organs. They can also start fires that threaten the safety of everyone on the site.
4. Caught-In and Caught-Between Accidents
Like struck-by accidents, caught-in and caught-between accidents happen when workers get crushed or stuck. Examples include:
- A worker getting buried in a trench, building collapse, or excavation
- Being caught between an immovable object (such as a wall) and a moving object (such as equipment in operation)
- A worker getting caught in operational machinery
Caught-in and caught-between accidents often result in crush injuries. When a structure collapses, such as a trench collapse, workers are at risk of suffocation if they are not rescued quickly.
Other Common Accidents on Construction Sites
While the “Fatal Four” constitute the majority of construction worker injuries and fatalities, they are not the only hazards faced by construction workers. Other causes of construction accidents can include:
Fires & Explosions
Fires and explosions can cause severe burns and catastrophic injuries on a construction site. When fires and explosions occur, it is important to conduct a prompt and thorough investigation to understand the cause of the fire and who is responsible.
For example, it may be immediately determined that a carelessly discarded cigarette directly caused a fire but an investigation may find that improperly stored flammable or combustible materials contributed significantly to the fire’s devastation. This could affect the outcome of a construction accident claim.
Transportation Accidents
We’ve all seen the signs warning drivers to reduce speed when entering work zones. Unfortunately, driver negligence presents a significant threat to workers on or near roads. Between 2003 and 2017, the Federal Bureau of Labor Statistics reported that 1,844 roadside construction workers died in on-the-job accidents. That averages to 123 deaths every year.
Crane & Hoist Accidents
Cranes pose a distinct danger on construction sites. The Bureau of Labor Statistics (BLS) notes that from 2011 to 2017, there were 297 documented deaths involving cranes. Most of these fatalities resulted from cranes or loads striking workers, followed by falls and transportation accidents.
At Fromen Injury Law, we represent workers and other people who have been hurt or lost loved ones in crane accidents. When negligence leads to a serious injury, you need an experienced construction accident lawyer with extensive knowledge, skills, resources, and relationships with leading experts. We have built a reputation for excellence in Buffalo and we know how to help our clients recover the maximum compensation they deserve.
Equipment Malfunctions
Construction site workers often deal with machinery and heavy equipment on a daily basis. From cranes and bulldozers to drills and forklifts, machines can help workers perform their jobs quickly and efficiently. Faulty equipment, however, can be extremely dangerous and potentially cause broken bones, lacerations, severe burns, or death. When accidents occur, workers can be prevented from returning to work, either temporarily or permanently. A construction accident attorney can help injured workers recover compensation for lost wages, medical bills, and more.
Common Construction Site Injuries
Construction workers face serious dangers every day on the job. Some of the most common construction accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Back and neck injuries
- Internal organ damage
- Amputation injuries
- Nerve damage
- Soft tissue injuries
- Hearing loss and deafness
- Eye injuries and vision loss
- Broken bones
- Burn injuries
In some tragic cases, construction accidents are fatal. If you lost a family member in a construction accident, you need to understand your legal rights and options. You may be eligible for compensation for funeral expenses, lost benefits, and more in a wrongful death lawsuit.
Who Can Be Held Liable for Construction Accidents?
Under New York law, most construction workers are classified as employees (as opposed to independent contractors). This means that they are generally entitled to the protections granted by New York’s workers’ compensation statute. Like most states, workers’ compensation is provided on a no-fault basis, meaning that workers are eligible for benefits regardless of who may have caused the injury.
However, in some cases, employees can seek compensation outside of the workers’ compensation system. For example, if your employer caused your injury intentionally, or they failed to secure legally required workers’ compensation insurance, you may be able to sue your employer.
There may be other parties that are liable for damages as well, such as:
- Architects and engineers: Architects design construction plans and engineers supervise the build to guarantee that every specification is met. If an injury results from a deviation from industry standards or engineering errors, the responsible parties may be held accountable.
- Product manufacturers: The makers of the materials, equipment, and tools used on construction sites have an obligation to ensure that their products are safe when used for their intended purposes. If a defective product causes injury, the manufacturer may be liable.
- Contractors and subcontractors: While employers may not be held responsible for construction accidents, general contractors and subcontractors who work on the site can be sued if their negligence causes an injury.
- Property owners: The owner of a property has a duty to ensure the safety of lawful visitors (including construction workers). When property owners fail to do so, and an injury occurs as a result, they may be held liable for damages.
You may also be able to seek compensation if the injuries were sustained in a car accident or truck accident in a construction zone. You may be able to pursue a claim against the careless driver in addition to the workers’ comp benefits to which you may be entitled.
The Buffalo construction accident lawyers at Fromen Injury Law will thoroughly investigate your situation to determine the cause and impact of your job-related injuries. If you have been hurt because of someone else’s negligence, we will fight for you like family.
Third-Party Liability for Construction Injuries
Injured construction workers may be eligible to pursue a third-party liability claim in addition to the workers’ compensation benefits they may receive. While some degree of risk is inherent in the job, employers and general contractors are obligated to minimize danger and provide sufficient warning about potential hazards.
Construction companies must establish a culture that prioritizes the safety of workers. This requires thorough employee training and necessary safety equipment. When companies fail to protect workers, they can be held liable for injuries that occur on the job.
If the negligence of another party caused you harm, you have the right to file a personal injury claim to seek compensation. As with all personal injury claims, your attorney must prove that the other party’s negligence caused your injuries.
In order to have a successful construction accident claim, you must prove:
- Duty of care: The supervisor, coworker, or company owed a legal duty to ensure a safe work environment.
- Breach of duty: They failed to meet the standard of care expected, creating unsafe conditions.
- Causation: The breach directly caused the accident and the resulting injuries.
- Damages: You suffered losses (medical bills, lost wages, etc.) as a result of the accident.
The Buffalo construction accident lawyers at Fromen Injury Law have a hard-earned reputation for excellence in these complex and difficult cases. Through thorough investigations, expert testimony, and compelling evidence, we know how to help our clients seek the full and fair compensation to which they may be entitled under New York law.
Voices From Our Buffalo Community
What Are Your Rights as an Injured Construction Worker in Buffalo?
If you’ve been injured in a construction accident in Buffalo, specific laws outline your rights and the actions you can take to pursue your claim. Depending on your situation, your attorney may file an injury claim under one or more of the following New York Labor Laws:
New York Labor Law 240
Commonly referred to as the “Scaffolding Law,” Section 240 mandates that property owners, contractors, and their agents provide proper scaffolding, hoists, and other safety devices for workers. These scaffolds must be capable of supporting four times the maximum intended load, and any projects over 20 feet in height must have adequate support.
If these safety measures aren’t in place and you get injured as a result, you may have a case against the property owner or another responsible party.
New York Labor Law 241
This law offers protection to workers involved in excavation and demolition work, detailing specific safety requirements that contractors and property owners must follow. If they don’t, they could be held accountable for any resulting injuries.
Sections 240 and 241 provide you with strong legal standing through the concept of absolute liability. This means you don’t need to prove negligence—just that your injury occurred under the unsafe conditions specified by the law.
New York Labor Law 200
Section 200 covers general safety requirements for all workers and visitors at construction sites in Buffalo. It mandates that construction companies, contractors, and agents ensure that all machinery and equipment are properly secured and safely positioned.
The law also requires the presence of guardrails, adequate lighting, and warnings of any potential hazards. The person in charge must take steps to alert workers and visitors to avoid serious accidents.
Understanding your rights under these laws can help you make informed decisions about your injury claim. The Buffalo construction accident lawyers at Fromen Injury Law can advise you on the best course of action for your case.
How Can a Construction Accident Lawyer Help?
After a construction site accident, one of the first things you need to know is whether you are eligible for workers’ compensation benefits. New York law mandates that all construction companies must have workers’ compensation insurance. This law is intended to ensure that all workers receive medical care and compensation for lost wages due to job-related injuries without the need to prove fault.
If a third party is somehow responsible for your injuries, you may be able to file a lawsuit against them as well. You may be able to recover damages not available through workers’ compensation, including for pain, suffering, and mental anguish.
In these situations, our construction accident lawyers begin preparing in advance as though the case will go to trial. This level of preparedness has earned us a reputation with clients and insurance companies alike. Insurers know we won’t be pushed around or intimidated into taking a lowball settlement offer.
When you hire Fromen Injury Law to handle your construction accident claim, you can expect the following:
1. Investigation and Research
The success of any case depends on compelling evidence. Our construction accident lawyers begin investigations right away to ensure that all pertinent evidence is considered. While researching the details in your case, we look at evidence such as:
- Medical records
- Witness testimony
- Video footage and photographs (if available)
- The report of a work-related injury you provided to your employer
- Any additional reports (e.g., workplace inspections, police reports, etc.)
Insurance companies are in the business of making money, not paying out claims, so they will start gathering evidence to diminish your claim as soon as they can. Our construction accident attorneys work swiftly to gather the evidence needed to prove your side of the story.
2. Case Preparation
Our attorneys thoroughly assess the evidence to determine who may be liable for your injury. There may be several factors we consider when preparing your case, such as:
- Unsafe working conditions
- Failure to maintain equipment, machinery, and tools
- Improper supervision
- Failure to provide protective gear
- OSHA violations
- Inadequate worker training
No two accidents, injuries, or clients are exactly the same. Because of this, our construction accident lawyers never take a one-size-fits-all approach to representation. We will customize a legal strategy tailored specifically for you and your unique circumstances. Through an exhaustive preparation process, we can ensure that your case is given the attention to detail that you—and your case—deserve.
3. Calculating Damages
Determining the full extent of your past, present, and future losses is one of the most important tasks an experienced attorney can help you undertake. The accurate assessment of damages requires knowledge and experience. Our construction accident lawyers will work closely with you, your loved ones, your doctors, and experts to determine the extent of the physical, financial, and emotional losses that you sustained as a result of the accident.
4. Settlement Negotiations
Without a seasoned construction accident lawyer on your side, you are unlikely to recover the maximum compensation to which you may be entitled under the law. Our attorneys are experienced negotiators. We will work to understand every way the injury has impacted your life, and we know the tactics insurance companies use to devalue and deny claims. We will fight for you like family and work hard to negotiate a fair settlement on your behalf.
5. Representation in Court if a Fair Settlement Cannot be Negotiated
If a fair settlement cannot be reached through negotiations, we will not hesitate to recommend taking your case to trial. The construction accident lawyers at Fromen Injury Law are experienced litigators. We have a proven record of success helping clients in Buffalo and other areas in New York obtain full and fair compensation for their losses.
Whether through workers’ compensation or a lawsuit against a third party, your legal journey begins with a FREE case evaluation with Froman Injury Law. During your FREE initial consultation, we will discuss the details of your situation to understand your story and evaluate the merits of your case. We will answer your questions, address your concerns, and explain your rights and options.
Potential Damages in a Construction Accident Claim
At Fromen Injury Law, we recognize the profound impact construction accidents can have on your life. Beyond the severe physical injuries, such incidents can place a significant strain on your entire family, especially if you’re the main source of income. We approach every case with personal attention and a comprehensive strategy, ensuring that you receive the financial compensation you rightfully deserve.
We may be able to pursue compensation for:
- Current and future medical expenses
- Lost wages, both current and future
- Rehabilitation and assisted care costs
- Pain and suffering
- Diminished quality of life
- Funeral and burial expenses in wrongful death cases
Our commitment goes beyond securing compensation for your medical and rehabilitation costs. We also fight for “noneconomic damages” like pain and suffering and reduced quality of life. While these damages don’t have a straightforward financial value, our experienced attorneys know how to calculate and prove them to strengthen your case.
How Long Do You Have to File a Claim in New York?
For workers’ compensation benefits, you only have 30 days from the date of your injury to notify your employer—although you should do so as soon as reasonably possible. If you fail to notify your employer on time, you may lose your rights to workers’ compensation benefits.
On the other hand, under New York state law, you typically have three years from the date of your injury to file a personal injury lawsuit (see N.Y. CPLR 214). However, if your case involves a government entity, the deadline could be much shorter. That’s why it’s crucial to consult with a Buffalo construction accident attorney as soon as possible after the injury.
During your FREE initial consultation, an attorney will work to understand the details of your situation and explain how the statute of limitations applies to your case. We can answer your questions and discuss all of your legal options.
Speak With a Buffalo Construction Accident Lawyer for FREE
Don’t face the aftermath of a construction accident alone. If you or a loved one was hurt at a New York construction site, you need representation you can trust to protect your rights and best interests. The Buffalo construction accident lawyers at Fromen Injury Law will fight for you like family and help you pursue the justice and compensation you deserve.
Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. Our attorneys serve clients throughout Buffalo and across New York.