Buffalo’s skyline continues to rise, but so does the number of construction-related fatalities. A total of 24 construction workers lost their lives on the job throughout New York state in 2022. And yet, the Occupational Safety and Health Administration (OSHA) has been performing 29% fewer inspections compared to 2019, signaling a distressing trend of less regulatory scrutiny and enforcement of safety standards at construction sites.
At Mazzu Law, our Buffalo construction accident attorneys recognize that these incidents are almost always the result of neglect and insufficient safety measures adopted by contractors and subcontractors. If you were injured on a job site in Buffalo due to the negligence of another party, we can provide you with a strong legal representation. Our legal team is relentless in pursuing justice and the highest possible settlement for injured construction workers. To schedule a free consultation and learn how our construction accident law firm in Buffalo, NY, can support you during this difficult time, call us at 888.289.5000 or send us a message online.
Common Causes of Construction Site Accidents in Buffalo, NY
Construction workers in Buffalo face danger in a variety of ways:
Falls from Heights
One of the leading causes of fatalities in construction is falls from elevated areas such as roofs, scaffolding, structural steel, and ladders. Workers are at risk due to unstable working surfaces, inadequate or improper fall protection equipment, or simply slipping and tripping.
Slip and Fall Accidents
These are among the most common accidents in construction zones and can occur at both the ground level and at heights. Factors contributing to falls include:
- Wet or slippery surfaces from spills, wet paint, or recently cleaned floors
- Tripping hazards from tools, materials, uneven ground, or cables or hoses lying around
- Ice, snow, and mud
- Poor, insufficient lighting increases the risk of trips and falls, especially during early morning hours or when work extends into the evening
Electrocution
Construction areas are dense with electrical systems, and workers can face serious risks of electrocution from exposed wiring, power lines, and the use of large electrical equipment. Improper grounding, contact with overhead wires, and lack of proper insulation can lead to fatal accidents.
Struck by Objects
Workers can be injured or killed by falling, flying, swinging, or rolling objects. This includes tools dropped from above, dislodged bricks, swinging construction material from cranes, and more. High winds and loose load handling exacerbate these risks.
Caught-In/Between Hazards
These accidents occur when workers are caught inside or between different objects, e.g., getting crushed by machines, caught between moving parts, or pinned between construction materials and immovable structures.
Fire and Explosion Risks
Many sites store and use flammable solvents, gasses, and adhesives, there is always a risk of leaks or vapors that may ignite if the material is not handled properly. Faulty wiring, overloaded circuits, and the use of high-voltage equipment can create sparks that might ignite the incendiary construction materials. During demolition, unknown pipelines or containers that may still hold flammable gasses or liquids can be disturbed, posing explosion risks.
Machinery Accidents
The operation of heavy machinery, such as bulldozers, cranes, and backhoes, requires extensive training and vigilance. Malfunctions or operator errors can lead to crushing injuries or death.
Trench and Excavation Collapses
Excavation work is among the most hazardous construction operations. The collapse of an excavation can bury workers under several tons of soil. Adequate trench protective systems like trench boxes or sloping and shoring techniques are critical to prevent collapses.
Types of Injuries Sustained During Construction Work
The dangers listed above make both workers and pedestrians vulnerable to a wide range of injuries and illnesses:
- Concussions
- Broken bones (compound fractures)
- Lacerations
- Burns (electrical burns, chemical burns, third-degree burns)
- Electrocution injuries
- Hearing loss
- Eye injuries
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Tendonitis
- Heat stroke
- Respiratory disorders (asbestosis, silicosis, COPD, occupational asthma, pneumoconiosis)
- Skin diseases (contact dermatitis, cement dermatitis, allergic dermatitis, photoallergic dermatitis)
- Crush injuries (compartment syndrome, rhabdomyolysis, crush syndrome, soft tissue crush injury)
The high risk of these debilitating workplace injuries is why the construction industry is so heavily regulated by OSHA and the federal government. These regulations are designed to address a broad spectrum of hazards, covering everything from the proper use of safety gear to the correct installation of scaffolding and the safe handling of chemicals.
If you or a loved one suffered serious injuries because of someone’s negligence, do not face your physical, emotional, and financial trauma alone. Reach out to our Buffalo construction accident lawyer to hold the careless parties accountable for their actions.
New York Construction Accident Laws You Should Know
The state has clear labor laws that hold project site owners and managers responsible for keeping the work environment safe to prevent injuries. Some of these include:
New York Labor Law 240(1) (“Scaffold Law”)
Under Section 240, property owners and general contractors are held liable for any breach that results in a serious injury. If the precautions for height-related work were inadequate (e.g., faulty scaffolding, lack of safety harnesses), both the owner and the contractor will be liable for any damages, regardless of the worker’s actions.
If you, as a construction worker, are injured due to a fall from a height or by an object falling onto you from a height, you can seek compensation for full medical expenses, lost wages, and pain and suffering without the need to prove negligence on the part of your employer. If you are injured because the safety harness was not provided or was defective, Section 240(1) would apply.
New York Labor Law Section 241(6)
This mandates that all areas in which construction, excavation, or demolition work is being done must comply with the safety rules outlined in the New York State Industrial Code Rules (Rule 23). These guidelines cover scaffolding, hoisting equipment, barriers, and many other safety measures that need to be in place to protect the workers on site. Section 241(6) places a non-delegable duty on owners and general contractors, i.e., they can be held liable for any violations that result in worker injuries, regardless of whether they were directly involved in the negligent act.
New York Labor Law Section 200
This is a general provision that applies to all persons on or near a build site, including bystanders or pedestrians. It mandates that all parts of a construction site be operated in such a way as to provide reasonable protection to everyone’s safety.
For example, if you were passing through an area in Buffalo where construction is ongoing and you trip over debris or are struck by a tool, you can hold the site owner or contractor liable under Section 200 to pay for your medical bills. Of course, this is only applicable as long as your personal injury attorney can prove that the employer/owner had control over the work site and failed to make it safe.
Who Can Be Held Liable for Construction Accidents in Buffalo, NY?
An average construction project is overseen by not only the property owner and a single contractor but by numerous subcontractors. There might be one subcontractor to handle electrical installations, another for plumbing, and yet another for the structural steel.
Because there are different parties with varying degrees of control over the work site, determining liability in construction accidents can be complicated. For instance, if an accident occurs due to malfunctioning wiring, the liability could rest with the electrical subcontractor, but questions might arise about the general contractor’s oversight or the property owner’s role in supervising the project.
You need an experienced personal injury lawyer to pinpoint which party is responsible for safety failures that ultimately led to your injuries. At Mazzu Law, we have the skills required to evaluate the agreements between the property owner, general contractor, and various subcontractors to ascertain their precise liability.
We will assess each of the following entities to see how they could be held responsible:
- Project owner
- Project contractor or builder
- Independent or supplier contractors
- Construction managers
- Architects and engineers
- Equipment manufacturers
- Material suppliers
- Government organizations (if the project involves public property or government contracts)
Get in touch with us today to learn if your accident was the fault of a single party or if the liability may be divided among multiple companies.
How Can You Be Compensated for Your Construction Accident Injuries?
If you are injured on a construction site, there are generally three primary avenues through which you can seek financial compensation, depending on the circumstances of the accident and your relationship to the workplace.
No-Fault Workers’ Compensation Insurance
All employers in the construction sector are required to carry workers’ compensation insurance. This ensures that funds are available to cover any claims made by injured construction workers. Employers must report any workplace injuries to their insurance provider and the New York Workers’ Compensation Board in addition to assisting the injured victims in the claim process.
From your first day on the job, you are covered by workers’ comp, whether you are part-time, full-time, or temporary. If you are a construction worker in Buffalo, NY, who was injured or fell ill as a direct result of your job, workers’ comp coverage will pay for:
- All your treatment costs (ER visits, ambulance fees, surgery, prescription medications, rehabilitation, physical therapy, etc.)
- A portion of your lost wages if you are unable to work (two-thirds of your average weekly wage up to a certain limit)
- Permanent disability benefits
- Death benefits (funeral/burial expenses and financial support paid to the worker’s dependents)
You don’t need to prove your employer was negligent to receive these benefits. Simply report the injury to your employer within 30 days of the accident or within 30 days of discovering that the injury is related to your work. Then file a formal claim with the New York Workers’ Compensation Board within two years from the date of the accident or from the date you knew or should have known that the injury was caused by your employment.
Keep in mind that accepting workers’ compensation usually precludes you from suing your employer for the injury, except in cases of intentional acts.
Third Party Claims
You may be able to file a personal injury claim if a third party (not your employer or a coworker) is responsible for your injury. For example, if the injury was caused by defective equipment or a subcontractor’s carelessness, you might have a claim against the manufacturer or that contractor. These claims can be based on:
- Negligence: This is the most common basis where you must prove that the other party had a duty of care, breached that duty, and caused your injury.
- Strict Liability: In cases of subpar or malfunctioning products, the claim can be based on strict liability, where you only need to prove that the product was imperfect and caused harm, without proving negligence.
- Intentional Wrongs: Sometimes, personal injury claims arise from intentional acts, like assault.
These claims also apply to non-employees. If you are a visitor or passerby who was injured on or near a construction zone, you may have the grounds to bring a personal injury lawsuit against the construction company, contractor, or another party responsible for the site. Worksites are part of the premises owned or controlled by an entity, and the owners and contractors have a duty to prevent foreseeable injuries. Passersby who are injured can file claims under “premises liability” that the responsible parties failed to manage, supervise, or maintain the area safely.
Negligence Claims
Negligence claims are a subset of personal injury law where the injury is specifically caused by someone’s failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Negligence claims require proving four elements:
- Duty: The defendant owed a legal duty to the plaintiff under the circumstances.
- Breach: The defendant breached that legal duty by acting or failing to act in a certain way.
- Causation: It was the defendant’s actions (or inaction) that caused the plaintiff’s accident.
- Damages: The plaintiff was harmed or injured as a result of the defendant’s actions.
While all negligence claims are personal injury claims, not all personal injury claims are based on negligence. Compensation through negligence claims can include a broader range of damages than workers’ comp, such as full lost wages, pain and suffering, and loss of future earning capacity.
A car accident lawyer or truck accident lawyer can help you learn if these avenues are overlapping in your case. For example, if you are a worker and there is a responsible third party, we might pursue both workers’ comp benefits and a personal injury lawsuit against them. We will assess the merits of all potential claims-workers’ comp, negligence, product liability, premises liability, and contractual claims-to maximize the damages you may be entitled to receive.
How Our Buffalo Construction Accident Lawyers Can Help You Recover Compensation
There is no need to prove anybody did anything wrong if you only want to obtain workers’ compensation benefits. However, worker’s comp is rarely sufficient to provide complete financial relief for your losses, especially when you have sustained catastrophic injuries.
To obtain additional compensation for ongoing treatment, pain and suffering, physical disfigurement/scarring, and loss of life enjoyment, our Buffalo construction accident attorneys can help you file a third-party liability construction accident case (or a personal injury case if you are a non-worker). As soon as you retain us, our investigators will start collecting the following evidence to establish liability and prove the fault of all defendants involved:
- Copies of any accident reports filed by site supervisors or safety officers which detail the circumstances of the accident
- Regulatory reports from agencies like OSHA if they conducted an inspection or investigation post-accident
- Compliance documents to establish how the site was supposed to adhere to certain regulations and where it failed
- Eyewitness accounts from those who saw you get injured or witnessed the hazardous conditions that led to your accident
- Interviews of your coworkers who might provide context about ongoing safety issues, previous accidents, or the usual practices on the site
- High-resolution images or videos taken immediately after the event to capture the exact conditions at the time of the accident, including weather conditions, lighting, and placement of safety signage
- Immediate medical records post-accident that document the first observations and treatments of injuries
- Long-term follow-ups that track the progression of your injury, responses to treatment, and any permanent disabilities
- Analysis from medical experts who can testify to the causation between the accident and the injuries reported, including prognostics and future care needs
- Testimonies by construction safety experts, engineers, and forensic specialists regarding how your accident occurred and it is directly linked to your injuries
- Records of pre-accident safety audits and post-accident violations to substantiate the negligence of the construction company or contractors
- Employment contracts and training records to prove whether the injured construction worker (and their colleagues) were properly trained according to industry standards
- Daily operational logs kept by site managers to indicate any irregularities in routine on the day of the accident
- Logs that show the maintenance history of any equipment involved in the accident
- Any available video from security cameras that captured the accident or moments leading up to it
Do Not Settle for Less: Let an Experienced Construction Accident Lawyer in Buffalo Handle Your Injury Claim
Our Construction Law Skills are Forged from Real-World Experience
Edward T. Mazzu, Jr., our founding member, is known across New York as “The Ironworker Lawyer” for a good reason-before going to law school, he had a decade-long career as a union ironworker where he experienced the risks and realities of construction sites up close. He possesses an insider’s understanding of safety-related protocols and the precise ways in which one can get injured in these areas. Due to this, he can pinpoint liabilities that others might miss.
After a severe injury ended his previous career, Attorney Mazzu Jr. transitioned into law to advocate for people like you. He knows the physical, emotional, and financial toll these injuries can take. This personal connection fuels his commitment to fight persistently for your rights.
Proven Strategies to Turn Complex Claims Into Successful Settlements
Our legal strategies are not predetermined-they are developed in response to the specifics of your case. Reviewing your case allows us to grasp whether you have a case of an injury at a construction site, a workers’ compensation claim, or a third-party liability issue. If we’re helping you with workers’ comp, we will factor in your role on the job, the nature of the injury, and your long-term needs. We may also need to handle denials of claims or negotiate for better coverage of medical treatments.
When pursuing a personal injury lawsuit, we customize our approach based on the evidence, the extent of negligence, and the impact of the injury on your life. Our goal is to construct a compelling narrative that clearly links the defendant’s actions to your injuries. In all cases except for the workers’ comp, the burden of proof is on you to back up your claim for damages-we leave no stone unturned when negotiating for the maximum possible compensation.
A Decade of Delivering Success for Our Clients
Attorney Mazzu Jr. has established a formidable track record of securing favorable outcomes for our clients across New York. Our consistent success not only underscores our capability but also sends a clear message to corporate adversaries that we are tireless in our pursuit of justice. This usually prompts them to propose more equitable settlements early in the process, knowing that facing us in prolonged litigation could lead to even more significant concessions.
Our firm’s well-known commitment to achieving optimal outcomes for our clients means that when we step into negotiations, we do so with a distinct advantage. Our reputation-both at the negotiation table and inside the courtroom-acts as a natural deterrent against undervalued offers.For a free, no-obligation consultation, reach out to us online or call us at 888.289.5000. We have offices in Buffalo, New York City, and Dallas, TX, to provide legal support for a range of personal injury cases-dog bites, car accidents, truck accidents, construction accidents, and more.