Construction Accident Attorneys in Rochester, NY

★★★★★

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

Every day, workers suffer serious injuries due to preventable construction accidents in Rochester. At Powers & Santola, LLP, we realize how these injuries can cause tremendous physical pain and mental anguish. We also know how medical bills and the inability to work can lead to a great deal of personal and financial stress. The worker and his or her entire family suffers.

Since we founded our law firm in 1987, we have stood up for the rights of injured construction workers in Rochester and throughout New York. One of our founding partners, Daniel R. Santola, wrote a legal treatise on construction accident claims in New York. Today, he is considered to be one of the state’s leading authorities on the subject.

If you recently suffered injury in a construction accident in Rochester or a nearby area in New York, we are ready to help you. Contact us today to discuss your case. Our initial consultations are free. We will review your case and explain your rights and all legal options which may be available to you.

Common Types of Construction Accidents

People can get hurt in many different ways at construction sites in Rochester. Often, a negligent supervisor, general contractor, subcontractor or property owner is responsible for the harm that a worker suffers in one of these accidents. Here are some of the common construction accidents we handle:

Falls from heights

Sometimes, subcontractors tasked with building scaffolding are may be careless. They may quickly and cheaply construct these temporary structures. Their negligence can lead to serious or even fatal injuries to other workers on the site. Many falls from roofs, ladders and other heights are due to a lack of proper fall prevention equipment.

Slip and falls

Construction sites can be full of slip-and-fall hazards, including holes, slick surfaces, cluttered walkways and cords that are strewn across walking areas.

Electrocution

Electrical contractors often fail to notify the site that electricity is back on, causing worker to suffer harm. In many cases, workers are asked to work on or near live power lines.

Car accidents

Cars, trucks, fork lifts and many other vehicles move through construction sites. A worker who is struck by a vehicle can suffer devastating injuries.

Trench collapses

Trenches are often used to perform maintenance or repairs to underground lines and pipes. If not built and supported properly, these trenches can collapse, causing deadly injuries to workers who may be trapped inside.

Crane collapses

A negligent crane operator can permanently injure people and claim lives by not understanding weight imbalances and load capacities.

Flying objects

Hand tools and other objects can go flying through the air workers do not use or store them properly.

Falling debris

Workers on higher platforms of a structure may drop tools or accidentally cause planks of wood or other materials to fall on those below.

Power tool injuries

When power tools are not used properly, or safety guards are removed, terrible amputations and other injuries can occur.

Common Injuries Construction Accident Victims Suffer

Common Causes
of Construction Accidents

Some of the main causes of construction accidents in Rochester include:

• Lack of safety protocols: Construction site safety begins by establishing and enforcing proper safety protocols. When those responsible for the construction site fail to do so, preventable injuries can occur. 
• Poor training: Even if proper safety protocols are in place, poor or inadequate training can prevent them from being effective. Workers need to understand safety procedures, how to properly operate machinery and vehicles, and how to recognize hazards to protect themselves and others on construction sites. 
• Unsafe conditions on site: The construction site may be unsafe due to cluttered or obstructed work areas, uneven surfaces, debris, slippery floors, inadequate lighting, or unsecured materials. 
• Lack of personal protective equipment (PPE): PPE, such as hard hats, safety glasses, fall arrest systems, harnesses, and gloves, helps protect workers. Failing to provide this necessary equipment can lead to serious injuries. 
• Inadequate storage or securing of objects: An inadequate storage or securing of objects can lead to loose items striking construction workers.
• Lack of warnings: Construction work can lead to changes in the physical environment. If workers do not put up warning signs or verbally warn others about holes, missing steps, or other safety concerns, others can be injured.
• Communication issues: Communication problems regarding hazards, order of tasks, procedures, and timelines can lead to serious accidents. 
• Improper use of machinery or equipment: If workers don’t know how to properly use machinery or equipment such as cranes, forklifts, or excavators, they can cause serious accidents. 
• Faulty equipment: Equipment may be defective, which can pose a significant danger to unsuspecting construction workers. Equipment could also fall into disrepair if it is not regularly maintained or replaced.
• Inadequate shoring or protective systems: Inadequate shoring or a lack of protective systems can lead to accidents at trenches.
• Inadequate risk assessment: In their haste to begin a project, construction companies may fail to conduct thorough risk assessments, which otherwise could have prevented accidents.
• Lack of fire safety measures: Due to the increased risk of fires, construction workers should be properly trained on preventive and emergency response measures.
• Faulty wiring: Faulty wiring, inadequate grounding, or other electrical issues can result in electrocutions.
• Weather conditions: Adverse weather conditions can make floors slippery or the construction site too dangerous to work on. Construction companies can often prevent weather-related accidents by scheduling around adverse conditions.
• Unsafe work cultures: Construction companies sometimes rush workers, ignore safety protocols, or engage in other potentially unsafe practices, which can contribute to workplace accidents.

Whatever the reason for your construction accident injuries, you may have a legal claim against the negligent party responsible. An experienced construction accident attorney from Powers & Santola, LLP, can review your case during a free evaluation. 

New York Construction Accident Statistics

Construction site accidents are a serious concern throughout Rochester, New York and surrounding cities. According to the New York Committee for Occupational Safety and Health, New York state has higher fatality rates associated with construction work than most other states. Construction-related deaths accounted for nearly one-quarter of all fatal workplace accidents in the state, compared to the 21% national average. 

New York Labor Laws and Their Effect on Your Construction Accident Claim

Unlike most other states, New York’s labor laws provide a pathway for injured workers to sue their employers or other parties whose violation of these laws results in these injuries. Some of the most important laws to know are:

• Labor Law Section 200, which requires employers and construction site owners to maintain a safe work environment
• Labor Law Section 240, which imposes strict liability on property owners and contractors for falls based on violations of the scaffolding law
• Labor Law Section 241, which requires parties to comply with all provisions of the New York State Industrial Code and holds them liable for violations.

Under these and other laws, you may be able to hold one or more of the following parties responsible for your injuries:

Construction Site Owners

Construction site owners are required by law to provide reasonable and adequate protection to workers on the site and to maintain a safe working environment. They must address potential dangers and warn workers about them. They must also ensure that employees have the proper training to perform their jobs safely. 

Construction site owners can also be held liable if they do not properly erect, secure, or fasten down scaffolding or other equipment used at heights.

General Contractors

General contractors may assume liability for accidents that occur on the job. They are responsible for ensuring that subcontractors and others follow proper safety protocols and for ensuring a safe working environment. 

Subcontractors

Subcontractors must perform their jobs safely in a way that avoids causing injury to others. They must follow safety protocols and laws.

Equipment Manufacturers 

Equipment manufacturers may be legally responsible for injuries that occur due to defects in their products. These defects could be:

• Design defects in which the product was not safe to use as originally designed
• Manufacturing defects in which a problem occurred during the production process that caused some of the products to be unsafe
• Warning defects that can result in injuries when consumers do not have adequate information to protect themselves from known dangers associated with the product

Engineers and Architects

Engineers and architects may have designed the structures that construction workers are working on. They must comply with strict safety and professional standards when performing this work and can be held liable when they deviate from them. 

Employers 

Employers who failed to provide proper PPE, training, or warnings about dangers on the job site may be responsible for your injuries. Depending on the circumstances, you may be limited to a workers’ compensation claim, or you might be able to pursue full recovery through a personal injury claim.

Construction accidents often require a thorough investigation to determine liability. Our legal team knows what to look for when establishing liability.

Your Legal Options After a Construction Accident in New York

Unlike many other states, New York provides clear legal options for injured construction workers. It all depends on who is responsible for the negligent conduct, where the injuries occurred, and who suffered injuries.

For example, New York Labor Law § 240(1), or the “Scaffold Law,” requires construction site owners, contractors, and their agents to ensure the safety of workers who perform tasks in a location, or in a manner, where they could fall from one level to another. If the owner or contractor failed to fulfill this duty in your case, and you suffered injury or lost a loved one as the result of this failure, you may be eligible to sue the owner or contractor for damages.

At Powers & Santola, LLP, we know the ins and outs of New York’s Labor Laws. We also know how to thoroughly investigate construction accident cases. We can review your case and help you sort through the various legal options that may be available to you after a construction site accident in Rochester.

Differences Between Workers’ Compensation Claims and Personal Injury Claims

If you are a construction worker injured on a construction site, you may have the right to file a workers’ compensation claim. You might also have the right to file a personal injury claim. An experienced construction accident lawyer can review your case’s circumstances and determine your legal options. Primary differences between these two types of claims include: 

Responsible Parties  

Workers’ compensation is an insurance program that employers use to cover injured employees who are hurt on the job. In a personal injury claim, the injured worker typically pursues a legal claim against a third party, such as a general contractor, subcontractor, or product manufacturer. 

Negligence  

Workers’ compensation is a no-fault insurance system, so you do not have to prove your employer was negligent to recover compensation for your losses. You may be able to recover workers’ compensation benefits if you were at fault for the accident. In a personal injury claim, you must typically show that the party responsible for your injuries was negligent or that one of New York’s construction accident prevention laws was not complied with.  

Potential Compensation 

Workers’ compensation benefits may include: 

• Wage replacement benefits, which are a percentage of your average weekly wage, are paid for as long as your disability lasts  
• Medical treatment related to the accident, including mileage to and from medical appointments 
• A scheduled loss award, which provides a set amount of compensation for specific medical conditions once you have reached maximum medical improvement, such as injuries to the hands or feet or the loss of a body part    
• Vocational rehabilitation services, which provide payment to help you learn new job skills to get another job 

In personal injury lawsuits, accident victims are eligible for a broader range of potential damages, including: 

• Medical expenses, including all future medical costs related to the workplace injury or illness 
• Lost wages, which cover the full amount of your losses, not a percentage 
• Lost earning capacity 
• Property damage 
• Pain and suffering 
• Emotional distress 
• Loss of enjoyment of life 

Caps on Compensation  

Workers’ compensation benefits are based on a percentage of your average weekly wage, subject to a maximum. For claims arising from an accident that occurred between July 1, 2024, and June 30, 2025, the weekly maximum is $1,171.46. There is not a cap on damages for personal injury lawsuits. 

Litigation Process 

The process of requesting compensation for workers’ compensation and personal injury claims are very different. A workers’ compensation claim begins when the injured worker files a claim with their employer’s workers’ compensation insurance carrier. The case may wind its way through administrative hearings. The workers’ compensation attorney and the defendant’s insurance company might settle.  

In a personal injury claim, the injured worker may initially file a claim against the at-fault party’s insurance provider. For example, if the accident was due to a dangerous condition on the property, the construction worker may file a claim with the homeowner’s insurance or property insurance policy. The worker might file a claim with the at-fault driver’s auto insurance after exhausting PIP coverage if the injuries occurred in a motor vehicle accident.  

If the parties cannot settle, the injured worker may file a personal injury lawsuit against the liable parties. This process may involve filing a complaint in court, conducting discovery, engaging in settlement negotiations, and ultimately having a trial. 

Compensation Available in Construction Injury Claims

When we represent injured construction workers and others who are hurt on work sites, the attorneys of Powers & Santola, LLP, work diligently to identify all sources of potential compensation. We may be able to help you collect money for:

• Medical expenses – You can recover compensation for medical treatment, emergency care, hospital bills, surgeries, and other costs related to your losses. 
• Rehabilitation costs – You can also seek compensation for your ongoing medical expenses, including rehabilitation costs.  
• Future medical expenses – Your future medical expenses damages can help pay for occupational therapy, physical therapy, medication, and skilled nursing care. 
• Lost wages – You can seek financial compensation for your lost income while seeking medical attention or recovering.  
• Loss of earning capacity – Your injuries may impair your long-term earning potential. This damage recognizes the long-term impact of your injuries. 
• Property damage – You can pursue compensation to replace damaged property during the accident, such as your vehicle or tools.  

Non-economic damages compensate you for the more subjective but intangible losses you suffer in an accident, such as: 

• Pain and suffering – Your injuries may lead to extensive physical pain and suffering, for which you can be compensated.  
• Emotional distress – Your injuries can also cause emotional and mental distress and anguish. Some accident victims have post-traumatic stress disorder, depression, anxiety, or other psychological conditions. In addition to having appointments with a counselor or therapist paid for, you can potentially recover compensation for the negative impact this distress has on your life.  
• Loss of enjoyment of life – You may be unable to participate in hobbies and pastimes you enjoyed before the accident so that you can seek compensation for this lost enjoyment of life.  
• Loss of consortium – These damages recognize that your injuries may affect your intimate relations. 

An experienced lawyer can review your claim and identify all potential damages you have suffered. Their goal is to maximize your personal injury award so that you receive fair compensation for all the harm you have suffered. 

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 Rochester Personal Injury Attorneys Today 

Attorney Daniel R. Santola and our legal team at Powers & Santola, LLP have extensive experience fighting for workers with catastrophic workplace injuries in Rochester and throughout New York. We will ensure your rights are fully protected and pursue maximum compensation for you. Don’t wait to act. Call or reach us online today for a free consultation. 

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Changing Lives for the Better

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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