Buffalo Construction Accident Attorneys

Experienced Buffalo construction accident attorneys serving Buffalo, Niagara Falls and the surrounding Western New York Counties.

Construction Accident Benefits for Injured Workers

In New York State, damages are made up of several components, the most obvious of which include physical damage, physical injuries, pain and suffering, and the loss of enjoyment of life experienced by the individual. Less readily apparent damages can – and oftentimes do – include the psychological elements of those injuries. For example, when a person can no longer do things they used to do, there’s a psychological component to their altered life. Added to one’s physical and psychological damages is an element of special damages which may include loss of wages in the future – even on the back end of current wages lost – and the loss of earning capacity. If, as a result of one’s injury, the length of time the victim would have worked is projected to be shortened by five years, we back-end that. In addition, some people lose the ability to do certain things they used to do – such as cleaning their home, vacuuming a pool, doing things around their house – and that loss of functionality is factored in as an added component. In those cases, an expert is hired to calculate those damages by determining what the replacement cost of those functions would be. That way, we can make sure the injured person can pay for those special damages in the future.

Construction Accident Questions

If you were seriously hurt at work or a loved one passed away at a job site, you may have construction accident questions that you want to ask to an attorney. Our Buffalo attorneys can provide you the information you are looking for.

What Protections are for Construction Employees?

Historically, New York State has provided special protections for people who are involved in the construction trade. Our labor law has two specific sections that are very important to us as attorneys and individuals who work in construction The first is labor law, section 240 subsection 1. Essentially, the statute says is that if you fall from a height by working in construction or if you are hit by an object that falls from height then the owner of the property and/or general contractor or some other company that may be involved in control of the area are responsible for the injury sustained by the construction worker. In addition, we have labor law 241, subsection 6. Labor law 241, subsection 6 relies upon the regulations in New York State to determine whether an owner or general contractor is responsible. Essentially in those cases what we do is we look at how the individual was injured if it wasn’t from a height. And we’d look to see if they were injured because of a violation of a New York state regulation protecting workers. If that is the case, then the worker again can be compensated and will be compensated for their injuries. What we often do in those cases is hire experts in the construction to come in and look at the scenario in which the individual was injured to determine whether he was injured because of the violation.

What Benefits are Available to a Person Injured in a Construction Accident?

In New York State, damages are made up of several components, the most obvious of which include physical damage, physical injuries, pain and suffering, and the loss of enjoyment of life experienced by the individual. Less readily apparent damages can – and oftentimes do – include the psychological elements of those injuries. For example, when a person can no longer do things they used to do, there’s a psychological component to their altered life. Added to one’s physical and psychological damages is an element of special damages which may include loss of wages in the future – even on the back end of current wages lost – and the loss of earning capacity. If, as a result of one’s injury, the length of time the victim would have worked is projected to be shortened by five years, we back-end that. In addition, some people lose the ability to do certain things they used to do – such as cleaning their home, vacuuming a pool, doing things around their house – and that loss of functionality is factored in as an added component. In those cases, an expert is hired to calculate those damages by determining what the replacement cost of those functions would be. That way, we can make sure the injured person can pay for those special damages in the future.

How Do We Bring a Claim forward for a Loved One that Died in a Construction Accident?

We begin by first setting up an estate to establish an entity that can pursue the claim on behalf of the deceased person. New York State’s wrongful death statute of limitations is only two years, so you’re well-advised to consult an attorney and have the investigation initiated as soon as possible. In the case of a simple, small estate, we can do most of the work here. If it’s more complicated, we work with other law firms who handle the estate creation. Essentially, we consider all of the general contractors, or project developers, or subcontractors who may have contributed to the situation that caused the death. We also begin to gather proof of the economic loss caused by the loss of the deceased person because, in New York State, that’s an important factor in a wrongful death claim.

How to Find the Best Construction Accident Lawyer in New York State

Navigating the complexities of a construction accident case in New York State requires more than just understanding the law; it demands finding the right legal representative who can guide you through every step of the process. Construction accidents often lead to severe injuries, lost wages, and significant emotional distress. As a result, the stakes are high, and having a competent lawyer by your side is essential. But how do you go about finding the best construction accident lawyer in New York State? The answer lies in a thorough evaluation of the lawyer’s experience, reputation, approach to client care, and knowledge of construction laws specific to New York.

Understanding the Legal Landscape of Construction Accidents in New York

New York State has specific laws and regulations that govern construction sites and the safety of workers. These include the New York Labor Law Sections 200, 240, and 241, which are designed to protect workers from unsafe working conditions. Understanding these laws is crucial for any lawyer representing a construction accident victim. The best lawyers are those who have a deep understanding of these laws and know how to leverage them to build a strong case for their clients. In New York, the Labor Law Section 240, also known as the “Scaffold Law,” imposes strict liability on employers and property owners for elevation-related injuries. This means that if a worker falls from a height or is struck by a falling object, the employer or property owner can be held liable regardless of whether the worker was partially at fault. A lawyer well-versed in this law will know how to navigate the complexities of proving liability, even in cases where the employer or property owner disputes the claim. Similarly, Labor Law Section 241 imposes safety requirements on construction sites to protect workers. A lawyer who is familiar with the nuances of these laws will be better equipped to identify any violations that may have contributed to the accident, thereby strengthening your case.

Benjamin J.
Andrews

Partner

Robert
Maranto

Partner

Tom
Kotrys

Partner

Anthony
Iacono

Attorney

Robert J.
Maranto, III

Attorney

Evaluating the Lawyer’s Experience in Construction Accident Cases

Experience is one of the most critical factors when choosing a construction accident lawyer in New York State. Construction accident cases are often complex, involving multiple parties, including contractors, subcontractors, property owners, and insurance companies. The best lawyer for your case will have extensive experience in handling similar cases and a proven track record of securing favorable outcomes for their clients. When evaluating a lawyer’s experience, consider the number of years they have been practicing in the field of construction accident law, the types of cases they have handled, and the outcomes of those cases. A lawyer with a long history of successfully representing construction accident victims will likely have developed a deep understanding of the strategies that work best in these cases. They will also have the experience needed to anticipate and counter any tactics used by the opposing parties to minimize their liability. In addition to general experience, it is also important to consider whether the lawyer has experience dealing with the specific type of construction accident you were involved in. For example, if your injury was caused by a fall from scaffolding, you will want a lawyer who has handled numerous scaffold-related cases and is familiar with the specific laws and regulations that apply to these types of accidents.

The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”

- Jane D.

Assessing the Lawyer’s Reputation and Client Reviews

A lawyer’s reputation within the legal community and among former clients can provide valuable insight into their abilities and the quality of service they provide. A lawyer who is well-respected by their peers is more likely to be knowledgeable, skilled, and dedicated to achieving the best possible outcome for their clients. One way to assess a lawyer’s reputation is to look at reviews and testimonials from former clients. These reviews can provide firsthand accounts of what it is like to work with the lawyer, including their level of communication, responsiveness, and overall satisfaction with the outcome of their case. While no lawyer will have a perfect record, a pattern of positive reviews is a good indicator that the lawyer is competent and committed to their clients. In addition to client reviews, you can also look at any awards or recognitions the lawyer has received from professional organizations. These accolades can be a sign that the lawyer is well-regarded within the legal community and has achieved a high level of success in their field.

Considering the Lawyer’s Approach to Client Care

The best construction accident lawyer in New York State will not only be skilled and experienced but will also take a client-centered approach to their work. This means they will prioritize your needs and concerns throughout the legal process, keeping you informed and involved at every stage. A lawyer who takes a client-centered approach will take the time to listen to your story, understand your goals, and develop a strategy that is tailored to your specific situation. They will also be responsive to your questions and concerns, providing clear and timely communication to ensure you are never left in the dark about the status of your case. Additionally, a client-centered lawyer will be empathetic to the challenges you are facing as a result of your construction accident. They will understand the physical, emotional, and financial toll the accident has taken on you and your family and will work tirelessly to secure the compensation you need to move forward with your life.

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Examining the Lawyer’s Knowledge of Construction Law in New York

Construction accident cases are unique in that they often involve specific laws and regulations that are not applicable in other types of personal injury cases. As a result, it is important to choose a lawyer who has a deep understanding of construction law in New York State. A lawyer with extensive knowledge of construction law will be able to identify any violations of safety regulations that may have contributed to your accident and will know how to use this information to build a strong case. They will also be familiar with the tactics used by employers and insurance companies to minimize their liability and will know how to counter these tactics to secure the best possible outcome for you.

Evaluating the Lawyer’s Ability to Handle Complex Cases

Construction accident cases are often complex, involving multiple parties, extensive evidence, and intricate legal issues. The best lawyer for your case will have the skills and resources needed to handle these complexities and will be able to manage your case efficiently from start to finish. When evaluating a lawyer’s ability to handle complex cases, consider their experience in managing large cases with multiple defendants, their ability to gather and present evidence effectively, and their track record of success in similar cases. A lawyer who has demonstrated their ability to handle complex cases in the past is more likely to be able to navigate the challenges of your case and secure a favorable outcome. In addition to their legal skills, it is also important to consider the lawyer’s organizational abilities and attention to detail. Construction accident cases often involve a large amount of evidence, including medical records, safety reports, and witness statements. The best lawyer for your case will be able to manage this evidence effectively, ensuring that nothing is overlooked and that your case is presented in the strongest possible light.

Verdicts & Settlements

$7.7 Million

Pedestrian Accident

$1.4 Million

Auto Accident

$2+ Million

Auto Accident - Severe Knee Injury

$395,000

Slip and Fall on Ice

$300,000

Car Accident Emotional Damage

Six-Figure Settlement

Knee Injury - Car Accident

View More Results

Determining the Lawyer’s Fee Structure and Affordability

The cost of legal representation is an important consideration when choosing a construction accident lawyer in New York State. Most personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. This can be a significant advantage for construction accident victims who may be facing financial difficulties as a result of their injuries. When considering a lawyer’s fee structure, it is important to understand how their fees are calculated and what expenses you may be responsible for in the event that your case is unsuccessful. The best lawyer for your case will be transparent about their fees and will provide you with a clear explanation of how their fee structure works. In addition to understanding the lawyer’s fee structure, it is also important to consider the overall affordability of their services. While it may be tempting to choose the lawyer with the lowest fees, it is important to remember that you often get what you pay for. The best lawyer for your case will be one who offers a balance of affordability and quality, providing you with the high level of service you need at a price you can afford.

Making the Final Decision

Choosing the best construction accident lawyer in New York State is a decision that should not be taken lightly. It is important to take the time to research your options, evaluate the lawyer’s experience, reputation, and approach to client care, and consider their knowledge of construction law and ability to handle complex cases. Once you have gathered all of this information, you can make an informed decision about which lawyer is the best fit for your case. Remember, the best lawyer for you is one who not only has the skills and experience needed to handle your case but who also makes you feel comfortable and confident throughout the legal process.

Recovering for a Construction Injury

In New York State, the benefits that are available after a construction accident initially include your Workers’ Compensation benefits. In New York State, Workers’ Compensation provides a portion of your income based on your level of disability. They also provide payment in full for your medical bills and treatments, if they are related to the accident at hand and there’s no apportionment for other injuries or claims. After an accident at a construction site, you are to avail yourself of any Workers’ Compensation benefits. It’s an initial bundle of benefits and it’s designed to stay in play for as long as you need them or for the duration of your case. Oftentimes, once a case resolves, the Workers’ Compensation carrier will stop paying benefits for a period, depending on how big of a settlement you got, how that settlement was structured and what the settlement was geared to reimburse you for.

Determining the Value

It’s common to get questions from clients regarding their New York State construction accident case on how much is it worth. How do they value that case? What I tell them is that, although it’s your injury and it’s something that’s really critically important to you, you have to trust in your attorney. They are handling the New York State construction cases over and over again, and understand how to prepare the file, how to document and build a claim for you. Once it’s appropriate, they look at your claim, your treatment, anything that you’ve been through – your economic losses – and only then can they begin to discuss what the proper value might be, which reflects all those losses and harms that you’ve suffered as a result of this injury event.

What to Do If You’re Injured in a Construction Accident in Buffalo, NY

Here are some key steps to take if you’re injured in a construction accident in Buffalo, NY:  

• Seek Medical Attention

The first and most important step is to seek medical attention immediately. Even if your injuries seem minor, it’s important to get a professional medical evaluation to determine the extent of your injuries and receive the necessary treatment. If your injuries are severe, call 911 and ask for an ambulance.  

• Report the Accident

Report the accident to your employer as soon as possible. Your employer should have an accident reporting procedure in place, and it’s important to follow their guidelines. Reporting the accident will not only help ensure that you receive the proper medical care, but it will also help your employer investigate the accident and take steps to prevent similar accidents from happening in the future.  

• Document the Accident

Take photos of the accident scene, including any equipment, tools, or materials that were involved. Make notes about what happened, who was present, and any other details that could be relevant to your case. Keep a copy of any medical records or bills related to your injuries.  

• Contact a Personal Injury Lawyer

Contact a personal injury lawyer as soon as possible to discuss your case. A lawyer can help you understand your legal options, negotiate with insurance companies, and represent you in court if necessary. It’s important to choose a lawyer with experience in construction accident cases, as they will have the knowledge and expertise to handle your case effectively.  

• Follow Your Doctor’s Orders

It’s important to follow your doctor’s orders and attend all of your appointments. Your doctor will be able to provide you with a treatment plan and a timeline for your recovery. Following your doctor’s orders will not only help you recover more quickly, but it will also strengthen your case if you decide to pursue legal action.  

• File a Workers’ Compensation Claim

Workers’ compensation is a type of insurance that provides benefits to employees who are injured on the job. In New York, all employers are required to provide workers’ compensation insurance to their employees. If you were injured in a construction accident while on the job, you may be eligible for workers’ compensation benefits. It’s important to file a workers’ compensation claim as soon as possible to ensure that you receive the benefits you’re entitled to.  

• Keep Records of Everything

Keep records of all of your medical treatment, including doctor’s visits, hospital stays, and rehabilitation appointments. Keep a log of any lost wages or other financial losses you’ve incurred as a result of your injury. Keep copies of all of your medical bills, workers’ compensation paperwork, and any other documentation related to your case. Having a thorough record of everything will help your personal injury lawyer build a strong case on your behalf.  

• Be Patient

It can take time to recover from a construction accident, and it can take time to navigate the legal system and receive the compensation you’re entitled to. Be patient and focus on your recovery. With the right medical care and legal representation, you can recover from your injuries and move forward with your life. Being injured in a construction accident in Buffalo, NY can be a difficult and challenging experience. However, by taking the appropriate steps, you can ensure that you receive the care and compensation you deserve. Seek medical attention, report the accident, document the accident, contact a personal injury lawyer, file a workers’ compensation claim, keep records of everything, and be patient. With the right help and support, you can recover from your injuries and move forward with your life.

Breaking Down Construction Accident Statistics in Springville, NY

Construction accidents can have devastating consequences, leading to injuries, fatalities, and financial losses. Understanding the specific factors contributing to these incidents is crucial for improving safety measures in the construction industry. In this blog post, we delve into the construction accident statistics in Springville, NY, aiming to shed light on the key trends and risk factors involved.

• Overview of Construction Accidents in Springville, NY: Springville, a bustling town known for its vibrant construction industry, has experienced a significant number of construction accidents in recent years. By analyzing available data, we can gain insights into the frequency, types, and severity of these accidents.
• Common Types of Construction Accidents: Examining the construction accident data reveals the prevalence of certain accident types. Falls from heights, being struck by objects, electrocutions, and being caught in/between incidents are among the most frequent accidents in Springville. Understanding these common accident types helps identify areas where preventive measures can be implemented effectively.
• Contributing Factors: Identifying the contributing factors is essential for preventing construction accidents. The statistics reveal that human error, inadequate training, lack of safety protocols, and poor communication are significant contributors to accidents in Springville. By addressing these factors, construction companies and workers can create a safer working environment.
• Seasonal Patterns and Weather-Related Risks: Springville’s climate plays a role in construction accidents. Analysis of the accident data shows that certain seasons experience higher accident rates. Severe weather conditions, such as heavy rains or strong winds, can increase the risk of accidents on construction sites. By considering these patterns, construction companies can take proactive measures to mitigate weather-related risks.
• Safety Measures and Regulations: Construction accidents can be reduced through the implementation of robust safety measures and adherence to regulations. By examining the accident statistics, we can identify areas where safety protocols need improvement. This data-driven approach enables construction companies to prioritize investments in training, safety equipment, and compliance with regulations.
• Collaborative Efforts and Industry Initiatives: Addressing construction accidents requires collaboration among various stakeholders, including construction companies, workers, regulatory bodies, and local communities. By leveraging the insights gained from accident statistics, Springville can foster partnerships and initiatives aimed at improving safety culture, sharing best practices, and providing resources for accident prevention.
• Promoting Safety Awareness and Education: One effective way to reduce construction accidents is by promoting safety awareness and education within the industry. The analysis of accident statistics in Springville can serve as a basis for developing targeted safety campaigns and training programs. By highlighting the specific accident types and risk factors prevalent in the area, construction workers can be equipped with the knowledge and skills necessary to identify and mitigate potential hazards.
• Reporting and Monitoring Systems: Accurate and timely reporting of construction accidents is vital for understanding the true extent of the problem and identifying emerging trends. Springville can establish a robust reporting and monitoring system that encourages workers and companies to report accidents, near misses, and safety concerns. This data-driven approach allows for proactive interventions and continuous improvement in safety practices.
• Continuous Evaluation and Improvement: Construction accident statistics should be regularly evaluated to track progress and identify areas that require further improvement. By comparing current statistics with historical data, Springville can measure the effectiveness of safety initiatives and determine where additional interventions are needed. This ongoing evaluation and improvement process contribute to a culture of safety and ensure that safety measures evolve with changing circumstances.
• Engaging Local Authorities and Communities: Local authorities and communities play a crucial role in ensuring construction site safety. By sharing the construction accident statistics with relevant stakeholders, Springville can raise awareness about the risks involved and encourage active participation in promoting safety measures. Collaboration between construction companies, workers, local authorities, and community organizations fosters collective responsibility for safety and enhances overall construction site safety standards.

Breaking down the construction accident statistics in Springville, NY, provides a comprehensive understanding of the key trends, risk factors, and prevalent accident types in the region. Armed with this knowledge, the construction industry can implement targeted safety measures, improve training programs, and foster a culture of safety. By promoting collaboration, education, reporting systems, and continuous evaluation, Springville can strive towards a safer construction environment that protects the well-being of workers and reduces the occurrence of construction accidents.

Buffalo Personal Injury Attorney Explains Being Liable for a Dangerous Condition Created by a Contractor

As an experienced Buffalo Personal Injury Attorney, sometimes I get phone calls from clients who were hurt in a home where there was a dangerous condition present. Oftentimes it was caused by a contractor, or somebody working for or with the homeowner. In these situations, the homeowner has the ultimate responsibility for hiring, supervising, and overseeing any work done on their house, and they also have to hire these contractors properly. This means that the contractor must be insured. They also have to be credentialed and qualified. The homeowner does share in that responsibility, but we also look to the contractors themselves if the work was faulty, or if they caused a hazardous condition that wasn’t properly signed or protected while they were doing their work. These types of precautionary measures would have helped to prevent any injuries from occurring in the first place, therefore they can be held liable for not taking the proper measures to ensure a safe environment. Were you recently injured at your home because of the work of an independent contractor?  If so, contact experienced Buffalo Personal Injury Attorneys at Andrews, Bernstein & Maranto, PLLC for dedicated representation. He has the experience needed to fight to get you the compensation you deserve for the injuries you’ve sustained. Contact us today for a free consultation.

What to Do if a Family Member was Killed on the Job

Have you lost a loved one due to another’s negligence? Learn what to do if a family member was killed on the job in this article. Call us now! As an experienced Buffalo Construction Accident Attorney, I am often asked what to do if a family member was killed on the job.

• A client whose loved one has been killed at a construction site wants to know whether they can still bring a claim and, if so, how it is done. The first step is setting up an estate, establishing an entity to pursue the deceased person’s claim.
• Because New York State’s wrongful death statute of limitations is only two years, it is wise to consult an attorney and initiate the investigation as soon as possible.
• Most of the work of setting up a simple, small estate can be done here. More complicated cases are shared with other law firms who handle the estate creation.
• Investigation involves looking into all general contractors, project developers, or subcontractors who may have contributed to the situation.
• We also gather proof of economic losses caused by the loss of the deceased person because, in a New York State wrongful death claim, that’s an important factor.

Pedestrian Becoming Injured Walking Through a Job Site

Sometimes as a Buffalo Construction Accident Lawyer, I get calls from pedestrians who were injured walking through a construction site.  

• When potential clients are injured while passing through construction sites where they weren’t employed, their cases are very fact-specific.
• Some sites have marked pedestrian walkways – or pedestrians are directed to certain areas where it is safe to walk.
• Then, if something falls on a person, the ground is uneven, or planking is not secured, claims can be very strong.
• If an accidental injury happens, it is important that photos are taken immediately – followed by prompt contact with an attorney who practices in this area.

Responsible Party for Construction Injury

Do you have questions about who is the responsible party for construction injury accidents? This short informational legal video was provided by the experienced Buffalo attorneys at Andrews, Bernstein & Maranto, PLLC. Contact one of our experienced personal injury lawyers in Buffalo NY if you were injured.   We often get calls from people who are injured either on the job working construction site or even passers by to a construction site. They present very different claims. If you’re working on the job at a construction site and you’re working at an elevation, and you’re injured due to that elevated activity, you could have a personal injury case that is based on strict liability, meaning you focus on the extent and the nature of the losses and harms, and really can almost bypass the negligence issue if certain factors are in play. For those people passing by a construction site, the operator, the general contractor or the subcontractors must act in a manner prevent passers by from getting injured. From falling debris, for example, they have to use netting. If there are defects or if they’re tearing up certain parts of the ground, they have to have that fenced off appropriately; they have to have proper signs up; sometimes even flagmen on site to direct both cars and pedestrians away from dangerous areas.

Construction Site Fall Injuries

Have you fallen from a great height on the job? Watch this educational video on handling construction site fall injuries by one of experienced Buffalo accident lawyers, experienced Buffalo attorneys.  Contact one of our experienced accident lawyers in Buffalo NY if you were injured. We get calls from clients who are injured when they fall from a height at a construction site, whether it be from scaffold or from a ladder. Depending on what type of work they’re doing, they might be protected by the Strict Liability Statute of Section 240 of the construction law. The labor law does apply if people are working at a height, and they are doing more than just cleaning or routine maintenance. If there’s a repair, parts replacement, if they’re doing structural changes, people working in those fields have a special protection because they’re both doing that activity and doing so at an elevation. If the elevation is a cause of the injury or harm, then they fall under the protection of that labor law, Section 240. That can be a great benefit because the workers who are working at elevations are the most vulnerable and susceptible to injury of most of the labor force.

Being Eligible for More than Workers Comp

As an experienced Buffalo construction accident attorney, client’s have come to me with questions about whether they are eligible for more than workers compensation if they’ve been injured on a job site. Watch the following video to learn more.

• New York State’s Labor Laws were created to protect workers on construction sites.
• Construction companies and project managers may not like those laws, but it is critical that injured employees are protected.
• Under the Workers’ Compensation Law, a person injured on a construction site may bring a compensation case.
• According to Section 200, Section 240(1), and Section 241(6) of our Labor Laws, an injured worker may bring a cause of action against the general contractor, the owner, and any others who have a financial interest in the project.
• Those protections benefit injured workers by imposing strict liability on individuals who are responsible for their work site safety.

Construction Accident – Bengali

In this video, Thanon Rezvi explains how our office will fight for you if you were hurt in a construction accident.  Contact one of our experienced personal injury lawyers in Buffalo NY if you were seriously injured.