Construction Accident Attorneys in Buffalo, Rochester, and Syracuse, New York

Each year, construction workers and laborers are seriously injured or killed while working at construction sites. These accidents occur even though various state, federal, and industry standards and regulations require owners, general contractors and sub-contractors to implement a wide variety of safety measures. Most construction workers are unaware that New York State law provides protections for those injured on the job.

Cases involving workplace accidents and injuries can be complex. This is especially true for construction site accidents.

In the aftermath of a workplace injury, it is critical to consult with trusted construction accident attorneys. Skilled legal professionals will have a working knowledge of relevant state and federal regulations.

Construction accident cases involve many complicated liability issues. That is why you should speak with a lawyer as soon as possible following a construction accident.

Construction Accident Attorneys in Buffalo, Rochester and Syracuse, NY

The experienced team at Lipsitz, Ponterio & Comerford, LLC has a track record of securing compensation for construction accident victims in Buffalo, Syracuse, and Rochester, NY. You should not have to bear the burdens from a workplace accident on your own.

Our experienced construction accident attorneys will pursue maximum financial compensation in your case.

We understand the financial difficulties that construction accident victims face. For that reason, we provide free and confidential consultations to new clients.

How Can Construction Accident Attorneys Help?

If you were injured as a result of a construction accident, a personal injury attorney can help. The laws concerning personal injuries that happen on construction sites are complex.

New York Labor Law protects construction workers against the extraordinary risks they take while working on construction sites. This law places absolute liability on contractors and property owners who do not comply with safety regulations, such as, not properly securing ladders and scaffolds.

Under New York State law, workers may bring lawsuits against the owners of the property, general contractors, sub-contractors, architects and manufacturers of defective products. These lawsuits can provide additional compensation.

New York State Labor Law §§ 200, 200.1, and 241.6 place the responsibility for work site safety on the owner of the construction job or contractor. These statutes allow an injured worker to recover monetary damages for construction accidents. Injuries that fit within these statutes include: a fall from any height; fall from a ladder; scaffold failures; slipping and/or tripping hazards; poorly equipped job sites OSHA (Occupational Safety and Health Administration) violations; and more.

A robust knowledge of these statutes is necessary to recover the money that you deserve. It is vital to understand which regulations are applicable in your specific case.

One of the key elements of any personal injury claim is determining legal liability. This issue becomes complex when multiple parties are involved in an accident.

In construction site accidents, more than one party may hold responsibility for the resulting injury.

Some of the most common examples of liable parties in these accident cases include:

  • Onsite contractors
  • Owners of the construction site
  • Sub-contractors
  • Manufacturers responsible for faulty construction equipment
  • Other third parties

When you hire a legal representative, they will carefully examine the evidence in your construction site case. This work requires a certain skillset and legal knowledge.

Some of the relevant evidence in a construction site accident claim include:

  • Medical records
  • Construction site layout and information
  • Eyewitness statements
  • Relevant laws and regulations
  • Testimony
  • And more

An accomplished personal injury attorney will conduct a thorough investigation of your construction site accident case.

What are the safety requirements for construction sites?

OSHA (Occupational Safety and Health Administration) sets specific regulations that must be followed on construction sites. These include:

  • Design and Construction– Scaffolds used must meet OSHA requirements and not exceed rate capacities or be used for non-approved uses. Every scaffold must be able to support its own weight plus four times the intended weight load. Every suspension rope must support at least six times the intended weight load.
  • Inspection – All scaffolds and personal safety equipment must be inspected before every work shift. Any damaged equipment must be removed.

Common Categories of Construction Site Accident Cases

Following an injury on a construction site, there are many options for the victim to seek financial compensation. Some of the most common types of cases involve:

Workers’ Compensation Claims

In most cases, construction injuries happen to those who are employed at the site. Injured employees cannot bring a lawsuit against their employer if they pursue a workers’ compensation claim.

Workers’ compensation insurance is intended to cover the costs that injured employees face following a workplace accident. Unlike a personal injury claim, workers’ compensation claims do not require the injured person to prove that their employer was negligent.

Instead, the victim only needs to show that an injury took place while they were working. If a workers’ compensation claim is approved, the employee will receive benefit payments.

Workers’ compensation provides some payments, but when a person is out of work for a long period of time, a financial strain is placed on the family. You will not need separate legal representation. Our in-house Workers’ Compensation Attorney and construction accident attorneys will work together to handle your law suit and your workers’ compensation claim.

To learn if you are eligible for workers’ compensation benefits, reach out to the construction accident attorneys at Lipsitz, Ponterio & Comerford, LLC.

Personal Injury Claims

Construction accident victims can pursue a personal injury claim or lawsuit. In this type of legal action, the claimant must prove that the liable party was negligent.

This typically requires the help of construction accident attorneys. The legal concept of “negligence” consists of four distinct elements.


First, the claimant must show that the liable party owed them a certain “duty of care.” This means that the liable party was required to behave in ways that were reasonably safe and legal.

Secondly, the victim must prove that the other party breached their duty of care. For instance, if a construction company cut costs by violating certain safety standards, this would be a breach of duty.

Next, the plaintiff needs to provide evidence that the breach of duty is what caused their injuries. In other words, the liable party’s negligence must be a significant contributing factor to the accident or injury.

Finally, the claimant must prove that their construction accident led to actual damages. If the responsible party’s actions did not result in actual damages, it will be impossible to prove negligence.

Proving negligence in a personal injury claim requires all four of these elements.

Product Liability

When a workplace injury is caused by a faulty or defective product, the victim has the option to pursue compensation from parties in the chain of distribution.

For instance, suppose one of the ladders on a construction worksite fails because of a defect and causes damage to an employee. In a case like this, the injured worker could seek financial recovery from any of the following parties:

  • The retailer
  • The wholesaler
  • The manufacturer
  • And more

Anyone involved in bringing a faulty product to market can be held accountable for the resulting damage. The construction accident lawyers at Lipsitz, Ponterio & Comerford, LLC will examine the role that faulty products played in your injury.

If applicable, we will help you to pursue a product liability claim.

Wrongful Death

Sadly, some construction site accidents are fatal. Construction work often involves large and heavy machinery, equipment, and materials.

If someone that you love lost their life in a construction site accident, you may be able to file a wrongful death claim. These claims operate similarly to other personal injury cases.

The decedent’s surviving family can pursue the damages that the victim would have been owed if they had lived. Wrongful death claimants can also pursue compensation for their own pain and suffering, funeral expenses, and burial costs.

Common Causes of Construction Site Accidents

According to the U.S. Bureau of Labor Statistics, New York saw more than 140,000 instances of workplace injuries and illnesses in 2019. This number is staggeringly high and does not even account for fatal workplace injuries.

The Occupational Safety and Health Administration (OSHA) oversees workplace safety regulations in the United States. If you believe that your injury was the result of a regulatory violation, skilled construction accident attorneys can help you to file a claim through OSHA.

Businesses are legally prohibited from retaliating against employees who file safety complaints. If your employer acts against you for filing a complaint through OSHA, an attorney can help you pursue legal action to ensure justice.

OSHA requires construction businesses to obtain regulatory permits, conduct safety inspections, and implement certain safety programs. These regulations are aimed at ensuring safe construction sites and workplaces.

Faulty products, employer negligence, and a lack of proper safety procedures can all result in avoidable workplace injuries. Some of the most common reasons for construction site accidents include:

  • Lack of safety training
  • Failure of oversight and safety precautions
  • Hoist accidents
  • Faulty harnesses
  • Structure collapse
  • Failure to properly maintain equipment
  • Exposure to hazardous substances
  • Slip and falls
  • Trip and falls
  • Fires
  • Scaffolding mishaps
  • Improper use of tools and equipment
  • Welding mistakes and accidents
  • Falling objects
  • And more

These are only a few examples of factors that result in construction site accidents. If you or someone you love has been injured, reach out to the attorneys at Lipsitz, Ponterio & Comerford, LLC as soon as possible.

Damages in Construction Accident Cases

When you pursue a personal injury claim with the help of construction accident attorneys, you can seek many types of financial recovery. In most injury cases, payments to the victim fall into two main categories.

These categories are known as “economic” and “non-economic” damages. Economic damages are those losses from the construction accident that result in direct financial losses.

Some common examples of economic damages include:

  • Lost wages and income from missed work
  • The cost of repairing and replacing damaged property
  • Current and future medical expenses
  • The cost of counseling
  • Physical therapy costs
  • Mortgage and rent expenses
  • And more

But not every type of loss is easily quantifiable. Some of the negative outcomes from an injury do not result in monetary losses.

Compensation for these types of harm is known as “non-economic” damages. Some typical examples of non-economic damages in construction accident cases are:

  • Physical pain and suffering
  • Mental distress and anguish
  • Stress, anxiety, and panic
  • Loss of consortium or relationships in wrongful death cases
  • Embarrassment
  • And more

No matter what types of harm you have sustained, you deserve justice.

Let Lipsitz, Ponterio & Comerford, LLC Fight for You

When you need legal representatives in Buffalo, Rochester, or Syracuse, NY, reach out to Lipsitz, Ponterio & Comerford, LLC. Our skilled personal injury attorneys have a track record of recovering compensation for construction site accident victims.

Our construction accident attorneys are familiar with safety regulations that must be followed in the workplace. We are experienced in investigating safety failures and workplace injuries. We work for the best possible results for our clients and insist that at fault employers correct their unsafe practices to prevent further injury to employees and the general public. If you or a loved one has been injured in a construction accident, please contact us for a free and confidential evaluation.

Recent Review

There are surely many excellent, smart, and hard-working attorneys and John Comerford and Zach Woods rank as those. What sets John and Zach apart from those other excellent, smart, and hard-working attorneys are two factors. The first factor is passion. They truly care about what they do and they truly are in it to help people. The money they make (which is substantial) is a result of that passion and not the root of what drives them. The second factor is, for lack of a better phrase, simply “customer service.” If you call or email John or Zach, they will either pick up right away or, if they are busy, they respond quickly that “hey, we will get right back to you.” And then they get actually back to you. So if you have suffered a substantial, life-changing, catastrophic injury, the burden of that injury is enough. You shouldn’t also contend with passionless and aloof attorneys – and that is why you should choose John and Zach. – Justin C.