Construction Accident Attorneys in Rochester, NY

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 investigation construction accident cases. We can review your case and help you to 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 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. 

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.