Construction Accident Attorney in Schenectady, NY

Construction work is inherently dangerous. When safety protocols fail or employers cut corners, serious injuries and even fatalities can result. If a construction site accident has turned your life upside-down, you need a lawyer who understands the complex laws that protect workers in New York.

At Dalmata, Maloy, & Burke, LLP, we’ve built a strong reputation representing construction workers throughout New York’s Capital Region, helping them secure the compensation they deserve after workplace accidents. We provide trustworthiness and determined advocacy to ensure construction workers receive personal attention and skilled representation. Our reputable firm takes pride in treating every client as an individual, never as just another case number.

If you’ve sustained injuries in a Schenectady construction accident due to someone else’s negligence, contact us at DMB Legal today for a free consultation. You pay nothing upfront for us to begin working on your accident case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Construction Accident Claim

A Schenectady construction accident attorney can provide comprehensive legal support that goes far beyond filing paperwork. When you hire DMB Legal, you gain access to legal professionals who understand the physical dangers of construction work and the complex laws designed to protect workers.

Your attorney will immediately begin investigating your construction accident case to preserve crucial evidence before it disappears. Construction sites change rapidly, and important evidence, such as equipment conditions, safety protocols, and witness testimony, can be lost if not secured promptly. DMB Legal can photograph the accident scene, interview witnesses, and work with safety experts to document precisely what went wrong.

Your attorney will also handle all communication with insurers and employers on your behalf. These entities often have teams of lawyers working to minimize their financial responsibility. Having experienced legal representation helps protect you from doing or saying something that could harm your case.

Additionally, your attorney will help you understand the full scope of your construction accident injury. Many workers are unaware that they may be entitled to compensation beyond workers’ compensation benefits. Depending on the circumstances of your accident, you may be able to pursue additional claims against third parties.

Reach out to DMB Legal today for your free, confidential case evaluation and discover the difference we can make for you.

Who Can Be Held Liable for a Construction Accident?

Multiple parties may bear responsibility for a construction accident, and identifying all liable parties is crucial for maximizing your recovery. A skilled attorney will investigate thoroughly to determine who should be held accountable, which could include any of the following:

• General contractors and subcontractors may be liable when they fail to maintain safe working conditions, provide adequate safety equipment, or properly train workers.
• Property owners often bear responsibility for construction accidents, especially under New York’s Labor Law. Property owners must ensure that construction sites are reasonably safe and that proper safety measures are in place.
• Equipment manufacturers may face liability when defective/unsafe equipment causes accidents. This includes defective scaffolding, ladders, power tools, safety harnesses, or other construction equipment that fails to perform as designed.
• Architects and engineers can be held accountable when design flaws or inadequate safety specifications contribute to accidents.
• Other subcontractors working on the same site can be liable if their actions or negligence create dangerous conditions that result in your injury.

When you work with DMB Legal, we can assess your injury claim and its circumstances to determine who could be held liable. Contact us today for a free, confidential case review with a construction accident lawyer in Schenectady.

What Types of Compensation Could Be Available in a Construction Accident Lawsuit?

Construction accident compensation can address both your immediate needs and long-term financial security. The compensation available in your lawsuit depends on the severity of your injuries and how they affect your ability to work and enjoy life. It may include the following:

• Medical expenses, including emergency treatment, surgery, hospital stays, rehabilitation, medications, medical equipment, and ongoing care
• Lost wages and reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Disability accommodations, including funds for home modifications, vehicle adaptations, and assistive devices

When you meet with our Schenectady construction accident law firm, we can assess your case to determine the compensation you may be eligible to pursue as part of your lawsuit.

How Long Do I Have to File a Construction Accident Lawsuit in New York?

Generally, New York law gives injured individuals three years from the date of an accident to file a personal injury lawsuit, including a construction accident lawsuit. However, certain circumstances can affect this timeline, including the following:

• Workers’ compensation claims must be filed within two years of the accident. It’s essential to report your injury to your employer immediately, as delays in reporting can prevent you from securing benefits.
• Cases against government entities have much shorter deadlines. You must typically file a notice of claim within 90 days of the incident and file a lawsuit within one year and 90 days.
• Different rules may apply if your case involves exposure to toxic substances or occupational diseases. These cases can be complex because symptoms may not appear until years after the initial exposure.

The sooner you contact DMB Legal, the better we can build a strong case on your behalf and file your claim or lawsuit before the deadline passes.

What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?

Understanding the difference between workers’ compensation and third-party claims is essential for construction workers seeking maximum compensation for their injuries.

Workers’ compensation is a no-fault insurance system that provides benefits regardless of who caused the accident. These benefits include medical expenses, partial wage replacement, and disability benefits. However, workers’ comp doesn’t provide compensation for pain and suffering. Moreover, wage replacement is typically limited to two-thirds of your average weekly wage.

Third-party claims allow you to sue parties other than your direct employer for additional compensation. These claims can provide compensation for pain and suffering, complete wage replacement, and other losses not covered by workers’ compensation.

You can typically pursue both workers’ compensation benefits and a third-party claim simultaneously. This dual approach often provides the most comprehensive compensation for victims of construction accidents.

When you work with DMB Legal, we can assess your construction accident injury claim and its circumstances to determine who could be held liable. Contact us today for a free, confidential case evaluation.

How Can I Prove Fault in a Construction Accident?

Proving fault in a construction accident claim can be incredibly challenging without professional assistance. Your attorney will use tested strategies to establish liability, such as the following:

• Evidence such as photographs of the accident scene, damaged equipment, safety violations, maintenance records, safety inspection reports, and training documentation
• Witness testimony from co-workers, supervisors, and other individuals who observed the accident or the conditions leading up to it
• Expert witnesses such as safety engineers, construction industry professionals, and accident reconstruction specialists
• OSHA records and safety violations can provide strong evidence of negligence
• Documentation of safety protocol violations, inadequate training, or failure to provide proper safety equipment

What Are the Common Causes and Types of Construction Accidents?

Construction accidents occur for various reasons, often involving multiple contributing factors. They include the following:

• Falls from scaffolds and other elevated surfaces cause many of the most serious construction injuries. These accidents often result from inadequate fall protection, improperly constructed scaffolding, or failure to provide safety harnesses.
• Electrocution accidents occur when workers come into contact with live electrical wires, faulty equipment, or improperly grounded systems.
• Struck by falling object accidents happen when tools, materials, or debris fall from heights and strike workers below. These accidents often result from inadequate protection and failure to secure materials properly.
• Chemical exposure can cause immediate injuries such as burns, but it can also cause long-term health problems, including respiratory diseases and cancer. Construction workers may be exposed to asbestos, lead, solvents, and other hazardous substances.
• Trench collapse accidents occur during excavation work when protective systems fail or aren’t correctly installed, often resulting in crushing injuries or fatalities.
• Crane accident cases involve equipment failures, operator errors, or inadequate safety protocols. These machines can cause catastrophic injuries in the event of an accident.

Other common construction accidents include ladder falls, machinery accidents, vehicle collisions on construction sites, and fires or explosions.

What Are Common Injuries in Construction Accidents?

Construction accident injuries often require extensive medical treatment and can result in permanent disabilities. These include the following:

These injuries often require immediate emergency treatment, ongoing medical care, rehabilitation, and may result in permanent disabilities that affect your ability to work and enjoy life.