Syracuse Construction Accident Lawyer

Construction sites pose numerous dangers to workers. This reality makes it more likely that construction workers suffer certain types of injuries, including: 

• Traumatic head injuries, including concussions 

• Spinal cord injuries  

• Neck and back injuries 

• Muscle tears 

• Sprains and strains 

• Eye injuries 

• Hearing loss 

• Broken bones 

• Burns 

• Crush injuries 

• Internal organ damage 

Some injuries on construction sites can be catastrophic, such as those causing amputations or permanent disabilities. Due to the dangers present on construction sites, fatalities are unfortunately relatively common.

In addition to one-time injuries, construction workers risk suffering occupational illnesses, such as respiratory illnesses, from exposure to hazardous materials.

Leading Causes of Syracuse Construction Accidents

Construction sites pose many hazards to workers. Leading causes of construction accidents include: 

• Falls from heights – Construction workers often work at elevations. They may fall off ladders, scaffolding, or other raised surfaces, increasing the likelihood of suffering head injuries and other serious injuries.  

• Falling objects – Despite the use of hard hats, construction workers are still hurt by falling objects every year. Tools, work materials, or debris can fall and injure nearby construction workers.  

• Motor vehicle accidents – Whether traveling to a job site or working on a road construction project, you risk being harmed in a motor vehicle accident.  

• Heavy equipment issues – Construction sites often have cranes, forklifts, bulldozers, and other heavy equipment. Without proper training and precautions, construction workers can suffer injuries when other parties misuse the equipment.  

• Fires and explosions – Construction workers may come in contact with live wires or exposed junction boxes, which can put them at risk of being harmed in fires, explosions, or blasts.  

• Welding accidents – Many construction projects have welders on site, which increases the possibility of suffering burns or other injuries due to welding activities.  

• Building collapses – Builders may remove supporting headers and other structures that help maintain the integrity of a building. When they do, construction workers may be injured if the building or some of it collapses.  

These are just a few of the common causes of Syracuse construction accidents. Speak with an experienced construction accident attorney to learn whether you have viable grounds for financial recovery. 

Seeking Workers’ Compensation Benefits After a Syracuse Construction Accident

Most injured construction workers can seek financial compensation after a worksite injury through the workers’ compensation system. New York workers’ compensation is a no-fault system, which means the injured worker does not have to prove that anyone else was negligent to receive compensation. The injured worker can even obtain compensation regardless of their fault. 

However, workers’ compensation generally just provides compensation for medical expenses and a portion of lost wages. It does not compensate for other economic damages in many cases or for any non-economic damages. 

Still, workers’ compensation benefits can provide much-needed financial resources while you consider other legal avenues for recovering full compensation for your work-related injuries. Wage replacement benefits are typically two-thirds of your average weekly wage, calculated as the average weekly wage for the 52 weeks immediately before the accident. This is also subject to the state maximum. 

Additionally, injured construction workers can receive payment for all medical expenses that are reasonable and necessary related to the accident. If the accident prevents you from returning to work, you could also receive vocational service benefits to learn new skills to qualify for other jobs.  

Section 200, 240, or 241 of New York Labor Law also permits construction workers to file a lawsuit against general contractors, subcontractors, the owners of construction sites, or any other parties who employed the work to be done. Most states do not allow injured construction workers to sue their employers. Although this is also true in New York, these unique Labor Laws enable the injured worker to sue the owners, contractors, and their agents. Under certain circumstances, the owner, contractor, and agents can then bring a claim against the injured worker’s employer.

In some cases, an injured construction worker also may be eligible to file a lawsuit against a negligent or reckless third party. When a third party causes injuries on a construction site, the injured construction worker may be able to sue that party for damages. This personal injury claim is in addition to any benefits you receive through a workers’ compensation claim or for a violation of the Labor Law.  

Various parties who may be liable for your injuries include: 

• Property owners – Property owners are responsible for ensuring their property is safe while third parties are visiting or working on site. If they do not maintain their property, allow dangerous conditions to exist, or fail to warn of known hazards, they can be held liable for resulting injuries.  

• Contractors – Construction sites are unique in that many different parties may be on the property at the same time, including general contractors, subcontractors, and workers in independent trades. When these liable parties cause your injuries rather than your employer, you may be able to file personal injury claims against them. 

• Leasees – If a party leases the property, they may be responsible for maintaining it and warning workers and visitors about known hazards.  

• Engineers and architects – Engineers and architects are often consulted on construction sites, providing information about how to complete renovations or new builds structurally soundly. If they make design flaws, do not adhere to applicable building codes, or make other critical mistakes, they may be responsible for workers’ injuries.  

• Motorists – Construction workers must often travel to work at different job sites. If injured on their way to or from a site, they may be able to file a claim against the negligent motorist who harmed them.  

• Product designers or manufacturers – If a product was defectively designed or manufactured and caused injuries, you could potentially have   

Experienced construction lawyers can identify all liable parties to help maximize the compensation the accident victim may be able to recover.  

Battling the Insurance Company After a Syracuse Construction Accident

Whether you’re dealing with your employer’s workers’ compensation carrier or an insurance provider for a third party, insurance companies are for-profit companies that will fight aggressively to deny or minimize claims of the injured. These companies are more interested in protecting their own wealth than carrying out the terms of their contracts with their insured. You might encounter various problems when dealing with insurance adjusters, such as:

• They deny your claim.
• They delay your claim for no reason. 
• They claim you did not require the medical treatment you received. 
• They blame you for the accident. 
• They say you’re not as injured as you really are.
• They refuse to offer a fair settlement. 

If you find yourself confronting these challenges, reach out to our legal team for assistance. We have extensive experience working with insurance companies, and we know how to make them pay. We have the resources necessary to investigate your accident and gather undeniable evidence to establish liability, including:

• Accident reports that detail how the accident occurred, who is responsible for it, and the factors that contributed to it
• Pictures and videos of the construction site, the condition that caused your accident, the location of the accident, and your injuries 
• Statements from your co-workers or other individuals who saw the accident or factors that contributed to it
• Reports from accident reconstruction experts or engineers who use scientific principles to determine how the accident occurred

You’re not in this alone. Reach out to our experienced attorney for legal guidance and representation.

Key Differences Between Workers’ Compensation Claims and Personal Injury Lawsuits

Since your primary options for recovering compensation for your injuries after a construction accident are filing a workers’ compensation claim and/or filing a personal injury claim, it’s crucial that you understand the differences between these two types of legal claims. The fundamental differences include the following:

Responsible Parties

In a workers’ compensation claim, construction accident victims file a claim against their employer, typically through their employer’s workers’ compensation insurance policies. In most cases, filing a workers’ compensation claim is the exclusive remedy for injured workers against their employer. They cannot usually later sue their employer for additional damages. However, exceptions exist, including if the employer violated New York labor laws.

In personal injury claims, the responsible party is typically a third party, such as a general contractor or construction site owner.

Burden of Proof

Workers’ compensation claims do not require that victims of construction accidents prove their employer was negligent in causing their injuries. Instead, they need only show they were injured while performing duties within the scope and course of their employment. A worker can recover compensation even if they were partially responsible for the accident.

In contrast, construction accident claims made against third parties must generally show the defendant was negligent. This requires showing the defendant:

• Owed the construction worker a duty of care 
• Breached the duty of care
• Caused the worker’s injuries through the breach
• Made the worker suffer damages

If the injured worker is filing a construction accident lawsuit because their employer violated labor laws, the worker must show that the employer violated the law and caused their injury by this violation.

Potential Compensation 

Workers’ compensation benefits provide limited benefits based on state law and are subject to statutory caps. These benefits may provide partial wage replacement benefits, payment for medical expenses, and rehabilitation costs. In some cases, permanent disability benefits are awarded.

Plaintiffs in construction accident cases against third parties can pursue compensation for the full extent of their damages, including the full loss of their income, diminished earning capacity, and non-economic damages like pain and suffering and lost quality of life. The value of these damages usually far exceeds what would be awarded in a workers’ compensation case. The specific value is based on various factors, including the severity of the injuries and the impact the accident had on the victim’s life. The judge or jury assigns the value. 

Legal Process

The legal process for pursuing a workers’ compensation claim is much different than filing a personal injury lawsuit. Both types of cases typically begin by filing a claim with the relevant insurer. If the workers’ compensation claim is approved, the injured construction worker begins receiving regular financial payments. If the claim is denied, the worker (and their lawyer) can appeal the denial through an administrative hearing. 

If a personal injury claim is denied or the parties are unable to reach a fair settlement, construction accident lawyers can begin the litigation process by filing a complaint in court that sets out how the accident happened, why the defendant is responsible, and how much money the worker should receive for their injuries. The litigation process can be long and arduous, potentially involving pre-trial motions, extensive discovery, continued negotiations, and possibly trial. 

Whether you are filing a workers’ compensation claim or a personal injury claim, our experienced construction accident attorneys can guide you through the legal process. 

In addition to benefits you receive through a workers’ compensation claim, you may be able to recover various other types of damages through a personal injury claim you file against the party responsible for your injuries. Potential financial compensation may include money for: 

• Medical bills – You can seek compensation for medical bills you have already incurred, are currently incurring, or reasonably anticipate incurring related to your construction accident injuries. This includes payment for ambulance rides, emergency department visits, hospital stays, therapy, rehabilitation, and specialist visits.  

• Lost wages – You can recover compensation for your lost income while seeking medical treatment or recovering from your injuries.  

• Diminished earning capacity – If the injuries permanently diminished your earning capacity, you can seek compensation for the difference between your pre- and post-accident projected lifetime earnings.  

• Property damage – If you were injured in a motor vehicle accident, you could seek compensation for the costs to repair or replace your damaged vehicle. If you had personal property on you during the accident that was damaged or destroyed, you could seek compensation for repair or replacement costs.  

• Disability – In addition to recovering compensation for your reduced earning capacity, personal injury damages can compensate you for the real-life effects a disability has on you, such as not being able to enjoy your favorite hobbies or negative impacts on your intimate relations.  

• Pain and suffering – You can recover compensation for your physical pain and suffering.  

• Mental anguish and emotional distress – You can also recover money for your mental and emotional anguish and distress.  

An experienced construction accident lawyer can carefully review your claim and explain the compensation you may be entitled to. 

What Is My Construction Accident Case Worth?

After a devastating accident that has injured you, you are rightfully concerned about the potential value of your case and whether it will be sufficient to cover all of your accident-related injuries and losses. Each personal injury case is unique and can be affected by factors such as:

• The type and severity of the injuries you suffered
• The type(s) of claim you are filing
• Who is responsible for your accident
• The types of medical treatment you required and will likely require in the future
• How the injury affected your ability to earn a living
• Whether the accident caused permanent disabilities or impairments
• How the injury has affected your day-to-day life
• The extent of your pain and suffering
• The circumstances surrounding the accident
• Whether you contributed to the accident
• The insurance coverage available for your claim 

The construction accident attorneys at Powers & Santola, LLP have extensive experience dealing with these types of legal claims. We can investigate your accident, determine its potential value, and fight to secure maximum compensation for you.

When Should I Contact a Personal Injury Lawyer?

The sooner, the better. An experienced construction accident lawyer can help explain workers’ compensation and New York labor laws. They can give you crucial information about how you can protect your rights. They can also take immediate steps to preserve evidence, such as sending spoliation of evidence letters that instruct your employer or a third party to retain certain evidence that may be crucial to your case. 

At Powers & Santola, LLP, our construction accident lawyers work on a contingency-fee basis, so you don’t have to pay us anything upfront to get started on your case. Instead, we receive a portion of the financial recovery we achieve in your case. So, if we don’t win, you don’t pay for our legal services. This allows you to retain legal services when you need them without the concern of having to pay for them if the outcome isn’t what you want. Contact our construction accident lawyers today for a free consultation to discuss your legal rights and options. 

How Our Experienced Trial Lawyers Can Help After a Construction Accident

If you were injured in a construction accident, you might need clarification about your legal rights, including whether you can file a personal injury claim. At the same time, you are likely suffering serious injuries due to someone else’s negligence or non-compliance with New York’s Labor Law. An experienced lawyer can provide legal advice and guidance throughout the process so you can focus on your recovery.

When you hire a construction injury lawyer from Powers & Santola, LLP, we assist with all aspects of the legal process, including:

Initial Case Assessment  

You can use our free, no-obligation consultation to learn whether you have legal grounds to file a workers’ compensation and personal injury claim. Our legal team can draw upon their extensive knowledge of New York construction laws, the workers’ compensation system, New York State’s Construction, Demolition, and Excavation Rules, and OSHA regulations to assess your case based on the facts you provided. We can explain your legal options. You decide how you wish to proceed.  

Investigation  

Construction accident cases can be complex because multiple parties may be at fault for the accident. Each party is vested in not accepting liability for the accident, making an independent investigation critical to securing the compensation you deserve. An experienced lawyer can gather strong evidence to build a compelling case, such as: 

• Accident reports 

• Witness statements 

• Personnel records 

• Maintenance records 

• Photos or videos of the accident 

Preparation of Claims 

Your construction accident lawyer can also prepare all legal claims on your behalf. Because we work on a contingency fee basis, you only have to pay for our legal services once we recover compensation on your behalf.

Calculation of Damages  

A personal injury lawyer can gather invoices, receipts, estimates, and other evidence to establish the full extent of your damages, which may include: 

• Medical expenses 

• Lost wages 

• Rehabilitation costs 

• Therapy expenses 

• Pain and suffering  

Sometimes, it may be necessary to work with expert witnesses so that your compensation claim accurately reflects your specific damages. For example, an economic expert may need to compare your anticipated future earnings before and after the accident to establish the value of your lost earning capacity.  

Demand Letter Preparation  

A demand letter is a communication made to resolve a legal claim. In these claims, construction accident victims provide information about the incident and acknowledge their legal right to sue for the damages they have sustained.  

An experienced construction accident attorney can prepare a compelling demand letter that includes the following information: 

• Details about the accident 

• The legal basis for why the defendant is legally responsible for the damages 

• The amount of compensation you are willing to accept in exchange for giving up your right to sue 

Negotiations  

The insurance company may not initially agree to pay the amount of compensation you included in your demand package. Your construction site accident attorney can negotiate with the insurance company for fair compensation.  

Trial  

If your workplace accident claim is not resolved through a settlement, an experienced attorney can prepare your case for trial. Other opportunities to settle your case may arise. Still, it is sometimes necessary for a personal injury attorney to file a lawsuit to show they are serious about protecting your rights through litigation.

How Much Time Do I Have to File a Syracuse Construction Accident Lawsuit?

If you are eligible to file a construction accident lawsuit against a negligent employer under New York Labor Law, or if you may be eligible to file a third-party claim because of another party’s careless or reckless behavior, you need to know that you have a small time window in which to file your lawsuit. That time window is known as the statute of limitations.

Under New York’s statute of limitations for negligence cases or for violations of the Labor Law, injury victims typically have only three years from the date of the construction accident to file a lawsuit. However, you should seek advice from a construction accident lawyer expert in New York about the specifics. Depending upon the particular facts of your case, the statute of limitations could be longer. Once the statute of limitations runs out, you will have a time-barred claim and will not be eligible for compensation through a civil lawsuit. Do not wait too long to file when you can seek advice from a Syracuse construction accident lawyer today.

What to Do After a Construction Site Accident

While construction accidents can be confusing, the steps you take immediately after an accident can have a lasting impact on your legal claim. Here are steps that you can take to protect your health and legal rights.  

Seek Medical Treatment  

If you have suffered serious injuries and require immediate medical assistance, go to the nearest emergency room. Call 9-1-1 and request an ambulance if you need emergency assistance.  

If you plan on using workers’ compensation benefits to pay for your accident-related medical expenses, ask your employer for the name of authorized medical providers allowed by the workers’ compensation insurance provider.  

Follow your doctor’s orders and stay out of work for the time recommended. If you disagree with the doctor’s opinion or your disability rating, contact an experienced lawyer for legal assistance.  

Report the Accident  

Report the accident to your employer and any necessary authorities. For workers’ compensation claims in New York, you only have 30 days to notify your employer, so do not delay. 

Gather Evidence  

The accident scene may be cleaned up quickly. Do your best to preserve what evidence you can. Take pictures of any conditions that may have contributed to the accident, traffic signals, missing hazard signs, and injuries. Note any video cameras that may have captured the accident. Ask witnesses for their contact information so your lawyer can follow up with them later.  

Contact Our Construction Site Injury Attorneys  

You will likely want a legal representative to help you throughout this process. Your lawyer can handle your legal claims while you focus on your recovery. Powers & Santola, LLP offers a free case review to learn about your legal rights and options when you call for yours. 

File a Workers’ Compensation Claim  

Begin the process of your workers’ compensation claim by filing the necessary paperwork with the New York State Workers’ Compensation Board. Let your lawyer know about the status of your claim and any denials. 

Identify All Parties Involved 

While your workers’ compensation claim is pending, consider whether any third parties contributed to the accident, such as the owner of the construction site or the manufacturer of a dangerous product. Provide these details to your personal injury attorney.  

Document Your Expenses 

Construction accidents can result in significant personal and financial damages. Keep all your medical bills, repair estimates, employment records showing your lost wages, and other documentation you accumulate that demonstrates these losses.