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Construction sites are among the most hazardous workplaces. When a worker or a bystander is hurt in Buffalo, New York State laws and federal safety rules apply alongside local building and permitting requirements. Injured workers usually access benefits through the New York workers compensation system - a no-fault program that covers medical treatment and partial wage replacement. In addition to workers compensation, New York recognizes statutory construction-safety claims that can hold owners, contractors, and other parties responsible for elevation-related and other safety failures. Victims may also have third-party negligence claims against contractors, equipment manufacturers, subcontractors, or property owners. Understanding which legal path applies affects your deadlines, evidence needs, and potential recovery.
A lawyer can protect your rights and maximize recovery after a construction accident. Common situations where legal help is important include:
- Serious or permanently disabling injuries where future medical care, lost earnings, and long-term disability need to be evaluated and compensated.
- Wrongful death of a worker or bystander, where family members must pursue survival and wrongful-death claims.
- Denial, underpayment, or delay of workers compensation benefits including disputes over causation, necessity of treatment, or wage replacement amounts.
- Multiple potential defendants and complex fault issues, such as accidents involving equipment failures, subcontractor negligence, or property owner responsibilities.
- Accidents on public or government projects where special notice rules and shorter deadlines apply.
- Third-party claims against manufacturers of defective equipment, traffic controllers, or other non-employer actors who may be fully liable.
- Employer retaliation for filing claims, termination, or pressure to sign releases before preserving legal rights.
Construction-accident lawyers investigate the scene, preserve evidence, coordinate medical and vocational experts, handle hearings or litigation, and negotiate settlements. They also ensure strict compliance with filing deadlines and notice requirements that a nonlawyer could easily miss.
Key legal features relevant to construction accidents in Buffalo include:
- New York State Labor Law 240 - Often called the elevation or scaffold law - imposes strict duties on owners, contractors, and others to provide proper safety devices for work at heights. Liability is broad for elevation-related injuries and does not depend on the traditional negligence standard.
- New York State Labor Law 241 - incorporates safety regulations and codes. Section 241(6) is commonly invoked to charge contractors or owners when a violation of state safety rules causes injury.
- Labor Law 200 - imposes a general duty to provide a safe worksite.
- Workers compensation - a no-fault system administered by the New York State Workers Compensation Board provides benefits to most injured employees. Acceptance of workers compensation generally limits the ability to sue the employer directly, but it does not prevent claims against third parties or certain statutory claims under the Labor Law.
- Comparative negligence - New York follows a pure comparative negligence rule for ordinary negligence claims. That means a plaintiff can recover even if partly at fault, but the award is reduced by the plaintiff's percentage of fault. Statutory Labor Law 240 claims are treated differently and often do not allow the same fault-based defenses.
- Statutes of limitation and notice rules - typical personal injury suits must be filed within three years of the accident. Wrongful-death claims are generally subject to a two-year limit. Claims against municipal or public entities carry special notice and shortened filing timelines - for example, a notice of claim must usually be served within 90 days, and other procedural deadlines apply for filing suit.
- Federal and state safety enforcement - OSHA enforces federal workplace safety standards and requires employer reporting for fatalities and certain severe injuries. The New York State Department of Labor and local building departments enforce state safety codes and permit rules.
Get medical attention first. Report the accident to your supervisor and make sure it is documented. Take photos of the scene, equipment, and your injuries. Collect names and contact information for witnesses. Preserve clothing and tools involved. File a workers compensation claim promptly and keep copies of all medical records and reports.
Most injured workers receive benefits through workers compensation and cannot bring an ordinary negligence lawsuit against their employer for on-the-job injuries. However, workers may file third-party negligence suits against non-employer parties and statutory Labor Law claims against owners or contractors under certain conditions.
Labor Law 240 - commonly called the scaffold or elevation law - requires owners and contractors to provide proper fall protection and safeguards for work performed at heights or from elevation. It creates broad liability for elevation-related injuries and often allows injured workers to recover without proving employer negligence.
For most personal injury claims in New York, the statute of limitations is three years from the date of injury. Wrongful-death actions generally must be filed within two years. Claims against government entities have special notice and filing rules, including short notice periods that must be observed. Talk to a lawyer quickly to identify applicable deadlines.
Workers compensation can cover reasonable and necessary medical treatment, prescription costs, and wage-replacement benefits for lost time. It may also provide vocational rehabilitation and death benefits in fatal cases. The exact benefits depend on the severity of the injury and the Board determinations.
A third-party claim is a lawsuit against someone other than your employer - for example, an equipment manufacturer, subcontractor, property owner, or motorist. These claims are appropriate when another party's negligence or defective product caused or contributed to your injury. Proceeds from a third-party recovery may be offset by workers compensation liens.
For ordinary negligence claims, New York follows pure comparative negligence - any recovery is reduced by your percentage of fault. However, certain statutory claims like those under Labor Law 240 are based on strict liability and do not permit the same fault-based reductions in most cases.
OSHA inspections and citations can provide helpful evidence showing safety violations, but OSHA findings do not replace a civil claim. OSHA enforces federal safety standards and may issue penalties or require corrective action. Your attorney can use OSHA reports as part of the investigation and to establish violations of safety rules.
Many personal-injury and third-party construction-accident attorneys work on a contingency-fee basis - they are paid a percentage of any settlement or verdict. Workers compensation representation may involve different fee structures regulated by the Workers Compensation Board. Discuss fees and retainers at the first consultation.
Key evidence includes medical records, accident reports, photographs of the scene and equipment, witness statements, payroll and employment records, safety inspection reports, maintenance logs, and any communication about safety or equipment defects. Early investigation is critical because physical evidence and witness memories can fade.
Helpful agencies and organizations to contact for information or assistance include:
- New York State Workers Compensation Board - handles workers compensation claims and benefits.
- New York State Department of Labor - oversees workplace safety rules and certain enforcement matters.
- Occupational Safety and Health Administration - federal agency that enforces OSHA standards and conducts investigations.
- City of Buffalo Department of Permits and Inspections or local building department - for permit and code enforcement issues on construction sites within Buffalo.
- Erie County or City of Buffalo Law Department - for claims against municipal entities and information about notice requirements.
- New York State Bar Association and local bar association lawyer referral services - for finding experienced construction-accident attorneys.
- Labor unions and building trades councils - may provide advocacy, support, and resources for union members injured on the job.
If you or a loved one has been injured in a construction accident in Buffalo, consider the following practical steps:
- Seek prompt medical care and follow treatment recommendations. Keep all medical documentation and bills.
- Report the injury immediately to your employer and request that an accident report be completed. Get a copy.
- File a workers compensation claim without delay and keep proof of filing. Track all communications and benefit denials.
- Preserve evidence - do not discard clothing, tools, or equipment involved in the accident. Photograph the scene and injuries as soon as possible.
- Collect witness names and contact information and write down your recollection of the events while fresh.
- Avoid signing releases, waivers, or full-and-final settlement documents without consulting a lawyer.
- If the accident occurred on public property or a public project, check notice-of-claim requirements and consult counsel immediately to meet strict deadlines.
- Contact an experienced construction-accident attorney for a free or low-cost case evaluation. Bring medical records, paystubs, accident reports, photographs, witness information, and any correspondence with insurers or employers to the consultation.
Acting promptly preserves legal rights and evidence, and it helps ensure you receive the medical care and financial recovery you may be entitled to under New York law.
