Content reviewed by:
Alex Shulman
At Shulman & Hill Injury Lawyers, we handle both workers’ compensation claims and lawsuits arising from construction injuries. Our construction accident lawyers in Hudson review both options from the beginning, including whether New York’s Labor Law allows you to pursue compensation from a property owner or contractor.
Our firm has recovered over $1 billion for injured clients and has substantial experience with construction accidents and the Scaffold Law. We investigate the worksite, resolve benefits disputes, and explain how each claim affects your recovery.
Contact a Hudson workers’ compensation lawyer for a free, confidential consultation.
Construction Injuries We Investigate in Hudson
Construction claims require a close review of the task being performed and the site conditions. On renovation projects involving Warren Street’s older buildings, that includes examining how contractors supported existing walls and floors, provided access to elevated work areas, and protected workers from falling materials.
We investigate injuries involving:
- Falls from ladders, scaffolds, roofs, and elevated platforms.
- Falling tools, building materials, and suspended loads.
- Floor openings and unguarded edges.
- Trench cave-ins and structural collapses.
- Crane, forklift, and other equipment operations.
- Electrical contact and burns.
- Debris, slippery surfaces, and unsafe access routes.
Our Hudson personal injury lawyers also review work-related conditions caused by repeated lifting or other ongoing job duties. The medical evidence must establish the connection between your work and your injury, whether it resulted from one incident or developed over time.
Workers’ Compensation Benefits for Construction Workers
Workers’ compensation generally provides benefits for covered work-related injuries without requiring proof that your employer was negligent. We help establish that the injury arose from your employment and address disputes over treatment, disability, and benefit payments.
Depending on your injury and eligibility, benefits can include:
- Necessary medical treatment, subject to applicable authorization rules.
- A portion of lost wages during a qualifying disability.
- Compensation for certain permanent injuries or lasting disabilities.
- Approved rehabilitation and related medical services.
You may qualify for medical benefits even if you do not miss work. Continuing to work does not, by itself, prevent a claim. Workers’ compensation does not pay for pain and suffering and generally limits your ability to sue your employer for a covered injury.
When You Can Bring a Third-Party Lawsuit
A third-party claim seeks compensation from a legally responsible person or business other than your employer or a protected coworker. Potential defendants include property owners, general contractors, and subcontractors whose conduct or statutory duties support a claim for liability.
Our construction accident attorneys in Hudson examine contracts, work assignments, and site supervision to determine who was responsible. A company’s presence at the jobsite is not enough. We must identify the negligence or Labor Law violation that caused your injury.
You can pursue workers’ compensation and a third-party lawsuit together when both are available. We coordinate the lawsuit with your benefits claim, including insurer reimbursement rights and any required approval before settlement.
New York Labor Law Protections for Injured Workers
New York places specific construction safety duties on certain owners, contractors, and their agents. We review each applicable law separately because the work, hazard, and defendant’s role determine which claims are available.
Labor Law § 240(1): Falls and Falling Objects
Section 240(1), commonly called the Scaffold Law, requires proper protection against qualifying elevation-related hazards during covered work. It can apply when a ladder, scaffold, hoist, or other required safety device fails to protect a worker.
The law imposes strict liability when a violation causes the injury. It does not apply to every workplace fall or falling-object incident. Certain owners of one- and two-family homes who do not direct or control the work are exempt.
A worker’s comparative negligence does not reduce recovery under a valid § 240(1) claim. However, liability does not attach when the worker’s conduct was the sole proximate cause of the accident. We examine the equipment provided, its condition, and the instructions given.
Labor Law § 241(6): Construction Safety Rules
Section 241(6) applies to qualifying construction, excavation, and demolition work. A claim requires a violation of an applicable, sufficiently specific New York Industrial Code rule that contributed to the injury. Certain one- and two-family homeowners are also exempt.
We identify the rule governing the hazard and provide evidence that it was violated. General allegations that a site was unsafe are not enough.
Labor Law § 200: Workplace Safety
Section 200 addresses the duty to provide a reasonably safe workplace. When an injury results from how work was performed, we examine whether the employer had authority to supervise or control that work. For dangerous property conditions, we investigate who created the hazard or had actual or constructive notice of it.
How Our Hudson Construction Accident Lawyers Handle Your Case
Shulman & Hill conducts detailed in-house investigations and represents clients in benefits proceedings, settlement negotiations, and litigation. We explain what the insurer or defendant is disputing and develop the evidence needed to respond.
Our representation includes:
- Preserving site evidence: We seek photographs, recordings, equipment records, and witness accounts before conditions change.
- Reviewing safety practices: We examine fall protection, inspection records, work instructions, and relevant agency findings.
- Identifying responsible parties: We review ownership, contracts, and each contractor’s role.
- Supporting benefit claims: We organize medical and employment records and address disputed treatment or wage benefits.
- Documenting damages: We assess past losses and future needs supported by medical evidence.
- Preparing for litigation: We pursue court proceedings when necessary and explain settlement offers before you decide whether to accept them.
When Columbia County is the appropriate venue, a third-party lawsuit may proceed in Columbia County Supreme Court in Hudson. Workers’ compensation proceedings follow a separate process before the Workers’ Compensation Board.
Compensation Available Through a Construction Injury Lawsuit
A third-party lawsuit can address losses that workers’ compensation does not fully cover. Depending on liability and the evidence, recoverable damages may include medical expenses, lost earnings, reduced earning capacity, future care, and pain and suffering.
Our construction accident lawyers in Hudson review treatment recommendations and work restrictions before advising you about settlement. We account for the workers’ compensation insurer’s lien and any credit against future benefits. Settling without required insurer consent or court approval can jeopardize continued benefits.
Reporting Your Injury and Meeting Filing Deadlines
Notify your employer of the accident and keep a copy of your written report. Reporting the injury at work and filing a workers’ compensation claim are separate steps.
The usual deadlines include:
- Employer notice: Written notice within 30 days of the accident.
- Workers’ compensation filing: A claim with the Board within two years of the accident.
- Personal injury lawsuits: Generally three years for negligence-based injury claims.
- Municipal claims: Often a notice of claim within 90 days, with a shorter lawsuit deadline.
Exceptions and additional requirements can apply. A Hudson construction accident lawyer can review your dates and documents, including any notices affecting a third-party claim. Insurance discussions generally do not extend the deadline to sue.
Contact a Construction Accident Attorney in Hudson
Shulman & Hill can review your accident and explain whether workers’ compensation, a third-party lawsuit, or both are available to you. Your consultation is free and confidential, and we can travel to meet with you when needed.
We handle personal injury lawsuits on a contingency basis. Workers’ compensation attorney’s fees require Board approval and are not paid directly by you. We explain the applicable fees and expenses before representation begins.
Contact our team to discuss your construction injury and the claims we can pursue.
