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Construction Accident Attorneys in Albany, NY

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We absolutely can’t thank you enough.

Powers & Santola was so knowledgeable and caring. I was so very fortunate to find such a great law firm.

- John

Construction accidents in Albany can be overwhelming and confusing. While they are relatively common, they are not straightforward. These cases can involve a complex intersection of workers’ compensation, personal injury, and labor laws. Understanding your legal rights after an accident is crucial to pursuing justice and financial recovery. 

Since 1987, the personal injury attorneys at Powers & Santola, LLP have been fighting to protect the rights of accident victims throughout Albany and surrounding areas. We have recovered millions of dollars in compensation for our deserving clients. We can guide you through every step of the legal process with compassion. 

New York Construction Accident Statistics

According to the U.S. Bureau of Labor Statistics, 138,900 workers were injured in reportable work accidents in New York in 2022. This is an injury rate of 2.3 people per 100 full-time employees. While only 5% of the New York City workforce is in the construction industry, 27% of fatal workplace accidents involve construction workers. Based on these statistics, construction workers are at a much higher risk of suffering a serious or fatal accident compared to other industries. 

Common Types of Construction Accidents in Albany, New York

Construction workers can be injured in various types of accidents. Some of the most common types of construction accidents in Albany, New York include:

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What Makes Construction Sites So Dangerous?

Construction sites pose many dangers to workers and passersby, including:

Dangerous Scaffolding 

Two million construction workers regularly use scaffolding as part of their daily work. These scaffolds must be properly constructed to prevent fatal falls and serious injuries. Additionally, workers should be provided with a body harness for additional protection. 

Lack of Proper PPE

Many construction accident injuries can be avoided when workers are provided with proper personal protective equipment, including hard hats, harness systems, and fall protection gear. 

Dangerous Excavation Sites 

Excavation sites can pose particular hazards when workers do not properly use equipment, loads fall, or structural integrity is compromised. In the haste of a project, construction companies may fail to properly identify underground pipes and electrical lines.

Lack of Training 

Construction sites are busy places where many people in different trades often work nearby. If a worker is not properly trained to use heavy equipment, such as cranes or forklifts, machinery, or tools, they can injure other nearby workers. 

Construction work is also difficult, so it is often difficult for construction companies to maintain a dependable staff. They may hire inexperienced workers or outsource work to temporary workers who may not have the proper training or certifications. 

Failing to Communicate Hazards

Property owners and general contractors are required to maintain a safe workspace for workers. Fatal accidents and catastrophic injuries often occur when these parties fail to warn of hazards, such as:

  • Unsafe conditions
  • Fall hazards
  • Spills
  • Toxic chemicals
  • Missing rails

Improperly Maintained Stairways

Because work may be in flux, stairways may not be safe during a construction project. Handrails or steps may be missing. Liquids or debris could also be located near stairs, potentially causing workers to slip and fall down them. 

Poorly Constructed Trenches

Trenches may not be properly constructed or protected. They may have dangerous elements, such as no sloping, unsecured walls, or no shielding. They could also lack barriers that would prevent workers from falling into them.

New York Labor Laws

Because the construction industry can be so dangerous, New York lawmakers have established various labor laws to protect workers. These laws also give injured construction workers a legal right to file a private cause of action against their employer, which allows them to step outside the workers’ compensation system. 

N.Y. Labor Law 200 

New York Labor Law Section 200 requires property owners and general contractors to maintain a safe workplace. If they violate the requirements and a worker is injured, they can be civilly liable for the harm the victim suffers. 

N.Y. Labor Law 240 

New York Labor Law Section 240 is the state’s scaffolding law. Although called “the scaffold law” it also applies to ladders, man lifts or any working surface that poses a risk of falls to a lower level or object which fall from above.The law dictates the requirements surrounding the safe use of these elevation related equipment and spells out construction site owners and their contractors are responsible for any elevation related accident, even if the owner or contractor assigned the work giving rise to the accident to be undertaken by another entity. This law applies when a worker is performing any of the following tasks on a building or most any other type of man made structure such as water towers, power transmission lines, bridges, pipe lines, billboards, and several other kinds of structures when ever work is being performed such as:

  • Erecting
  • Repairing
  • Demolishing
  • Painting 
  • Cleaning 
  • Altering

N.Y. Labor Law 241

New York Labor Law Section 241 requires that construction site owners and their contractors provide construction workers with a safe place to work. This law requires them to place barriers around hazards and provide workers with proper PPE. 

When Can I File a Construction Accident Lawsuit?

In many instances, injured workers are limited to filing a workers’ compensation claim to recover money for injuries that arise out of the scope of their work. However, New York law provides construction workers with the ability to file personal injury claims against construction site owners and their contractors and to still have all the benefits of a worker’s compensation claim, including when the injury involves:

  • A safety violation – If your employer or a contractor violated the labor laws described above, you can file a claim against the liable party. 
  • A defective product – If you are injured by a defective product, you may have a claim against the party that designed, manufactured, or sold it. 
  • Owners and their contractors who did not direct or control the work resulting in the accident, such as a sub-contractor or the worker’s employer, but are nonetheless responsible for the injury under the Labor Laws, may bring a claim to be reimbursed from the responsible party if there is a grave injury. A grave injury is defined as any of the following: loss of an arm, hand, finger, leg, foot, or toe, quadriplegia, paraplegia, permanent blindness, permanent deafness, traumatic brain injury, or serious facial disfigurement. Additionally, your family could file a claim if the construction accident proves fatal.
  • A third party’s negligence – Even if you file a workers’ compensation claim, you could still have legal grounds to file a personal injury lawsuit against a third party responsible for your injuries, such as a contractor, subcontractor, or property owner.

What Compensation Can I Recover in a Construction Accident Claim?

Workers’ compensation is a no-fault system that provides certain benefits to injured workers. This will likely be your first source of financial compensation following a construction accident. New York worker’s compensation benefits include:

  • All reasonable and necessary medical treatment derived from your workplace injury or illness
  • Wage replacement benefits of two-thirds of your average weekly wage while your disability persists
  • Scheduled loss benefits for certain workplace injuries
  • Vocational rehabilitation services
  • Death benefits to surviving family members of fatal workplace accidents  

Through a personal injury claim, you could recover financial compensation from the at-fault party for the full extent of your losses, which might include:

  • Past, current, and future medical expenses
  • The full value of your lost wages
  • Diminished earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life 

An experienced lawyer can identify your losses and help pursue maximum compensation for your injuries.

What Should I Do After an Albany Construction Accident?

After an Albany workplace accident, seek immediate medical attention. If you are using workers’ comp benefits, ask your employer for an authorized provider. Report the accident to your employer and file the necessary forms to begin your workers’ compensation claim. Ensure that your employer filed a report with their workers’ compensation carrier. Ask anyone nearby if they witnessed the accident in case you need a statement from them later. Contact a qualified construction accident lawyer for a free case review. 

How Is Fault Determined in a Construction Accident?

Construction accident cases in New York are often based on a violation of one or more of the Labor Laws. You will need evidence of the violation, such as video surveillance, accident reports, witness statements, inspection records, or personnel records. An experienced lawyer can help obtain the evidence you need to establish your claim.

Why Choose Powers & Santola for Your Construction Accident Claim

If you were injured on a construction site, you can choose the personal injury lawyer you want to represent your legal interests. Some of the reasons you should consider Powers & Santola, LLP are: 

  • We have extensive experience – Our lawyers have extensive experience handling workers’ compensation and personal injury claims. For over 35 years, we have represented accident victims throughout Rochester and the surrounding area.  
  • We have results – Our results include several multi-million-dollar awards for victims and their families. 
  • We are experienced trial lawyers – If your case needs to go to court, you will know you are represented by attorneys who have garnered results and respect in and out of the courtroom.  
  • We focus exclusively on personal injury – We have a dedicated focus on personal injury law, which has allowed us to develop a deep understanding of this area of the law and winning strategies. 

When you hire our law firm, you will know that our legal team will work tirelessly on your case. We will do whatever it takes to win. And because we offer a free consultation and work on a contingency-fee-basis, you can engage our legal services without risk. Contact us today to learn more.  

If I Was Hurt as a Bystander at a Construction Accident in Rochester, What Are My Legal Options?

Construction sites are dangerous for people other than workers on site. People walking by or visiting the site are sometimes injured due to the dangers present at construction sites, including flying debris, slip and trip hazards, and building collapses. While workers’ compensation is a benefit for workers, you can pursue a personal injury claim against the party responsible for your injuries.  

What Is My Construction Accident Case Worth?

The amount of compensation you may be able to recover in a construction accident case will depend on factors specific to your case, such as: 

  • The type of claim(s) you are filing 
  • The parties responsible for your accident 
  • The type and severity of injuries you suffer 
  • The amount of economic damages you suffered because of the accident 
  • The extent of your pain and suffering  
  • The circumstances surrounding the accident 
  • The available insurance coverage 
  • Whether you contributed to the accident  

The construction accident attorneys at Powers & Santola, LLP are committed to seeking maximum compensation for your injuries. We can evaluate your claim and give you a better idea about the potential compensation you can expect to recover. 

What Are My Legal Options If a Family Member Died in a Fatal Construction Accident?

New York’s wrongful death law allows the personal representative of the decedent’s estate to file a wrongful death claim to pursue compensation. Wrongful death claims can allow surviving spouses, children, and other family members to seek justice and accountability for their losses.  

Deadlines for Rochester Construction Accident Claims 

Construction accident cases can be complex because they involve several types of claims and deadlines. If you are injured at a Rochester construction site, you must understand the various deadlines that apply to your case. Keep these deadlines in mind when pursuing your legal claim:  

  • 30 days to notify your employer of your injury 
  • Two years to file a workers’ compensation claim after you have notified your employer 
  • Three years to file a personal injury lawsuit against the liable parties after the date of the accident 

If your legal claim is based on an occupational disease such as from long-term exposure to hazardous materials, you must file your claim within three years of discovering the harm or within 2 years of the date of death, whichever occurs first. 

If you lost a loved one in a construction accident, you must file a wrongful death claim within two years of the date of your loved one’s death.  

It is crucial to work with an experienced attorney to ensure you meet these filing deadlines. 

Contact Our Experienced Construction Accident Lawyers for a Free Consultation

Were you injured in an Albany construction accident? If so, the Albany construction accident lawyers at Powers & Santola, LLP can guide you through the legal process of filing a claim against the parties responsible for your injuries. Contact us today for a free, no-obligation case review.

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When someone injures you, your life gets turned upside down. Suddenly, you may face a ton of medical bills. You may be unable to work or help out around the home. Others may need to care for you around the clock. Nothing is the same.

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