Were you injured in a construction accident in Rochester, NY?

At Buttafuoco & Associates, we are trial-tested construction accident lawyers committed to thorough preparation in every matter.

If you were hurt on a job site in Rochester, you may be looking at serious injuries and months without a paycheck, along with a workers’ compensation carrier that covers only part of what you have lost. The company that created the hazard may be denying any responsibility at all.

At Buttafuoco & Associates, we have represented injured New Yorkers since 1981, and construction cases are a core part of our practice. Our Rochester, NY construction accident lawyer can examine how the accident happened, identify every party that may owe you compensation, and explain what a civil claim can recover beyond workers’ compensation. Reach out for a free case review.

Construction Accident Lawyer Rochester, NY

A construction accident lawyer in Rochester represents workers and bystanders injured on or near a building, demolition, excavation, or renovation site. The job goes well past the workers’ compensation system. We investigate whether a property owner, general contractor, subcontractor, or equipment manufacturer created or ignored the hazard, and we pursue a civil claim against the parties who did.

Across New York State outside New York City, construction had the highest number of workplace deaths of any industry in 2023, with 36 fatalities, and 16 of those deaths came from falls, slips, and trips, according to BLS fatal injury data. Rochester’s building trades work in the same conditions that produce those numbers: winter roofing, infrastructure rehabilitation, and commercial sites with a dozen contractors on the same floor.

Types of Construction Accident Cases We Handle in Rochester

Construction injuries rarely come from a single mistake. They usually come from a series of decisions about scheduling, equipment, and supervision made by people who were not standing where you were standing. Our Rochester construction accident attorneys handle the following case types.

Falls from heights. Roofs, open floors, elevated platforms, and unprotected edges account for a large share of serious construction injuries, and falls, trips, and slips remain the leading cause of construction deaths. We examine whether guardrails, harnesses, and anchor points were present and whether anyone enforced their use.
Scaffold accidents. A scaffold that is missing planks, improperly braced, or overloaded can collapse without warning. Scaffolding safety problems are among the most frequently cited hazards on New York job sites, and we trace responsibility for who erected and inspected the structure.
Ladder accidents. Defective ladders, ladders set on unstable ground, and ladders used where a lift was required cause fractures, spinal injuries, and head trauma. These cases often turn on who supplied the equipment and who decided it was good enough.
Falling objects. Tools, materials, and debris dropped from above strike workers on lower levels. We look at netting, toe boards, hoisting procedures, and whether overhead work was coordinated with the crews below.
Trench and excavation collapses. Soil can give way in seconds, and trench cave-ins frequently cause crushing injuries, suffocation, or death. The question is almost always whether the trench was sloped, shored, or shielded before anyone was sent inside.
Electrocution and electrical burns. Contact with overhead lines, energized equipment, and ungrounded tools causes burns, cardiac injury, and secondary falls. We identify who was responsible for de-energizing circuits and marking utilities.
Struck-by vehicle and equipment accidents. Backing trucks, swinging crane loads, forklifts, and excavators injure workers on foot every year. These claims may involve the equipment operator’s employer, the site’s traffic plan, or a defective machine.
Structural collapse and construction defects. Workers trapped by a falling wall, floor, or partially built structure often suffer catastrophic injuries. We retain engineers to determine why the structure failed and who signed off on it.
Fatal construction accidents. When a worker dies on the job, the family may bring a wrongful death claim in addition to workers’ compensation death benefits. James McCarthy handles the related Surrogate’s Court matters personally rather than referring them out.

Why Choose Buttafuoco & Associates as my Construction Accident Lawyer in Rochester, NY?

Attorneys Who Take Construction Cases to Trial

Mark T. Freeley manages the firm’s court and trial calendar and handles complex construction site accident cases from inception through trial. He has practiced for more than 20 years, conducted nearly 1,000 depositions in accident cases, and negotiated hundreds of six- and seven-figure settlements. He earned his law degree from Hofstra Law in 1989 after completing his undergraduate degree at SUNY Oswego.

James McCarthy handles construction accident and premises cases alongside his medical malpractice work. He graduated cum laude from Touro Law Center in 1991. Both attorneys belong to the New York State Trial Lawyers Association. Founder Dan Buttafuoco has practiced since 1981 and holds the third highest recorded personal injury settlement in New York State history. Our personal injury lawyer in Rochester, NY has the depth of trial experience that every injured worker should expect.

Results in Labor Law Cases

Our construction accident attorneys have recovered millions of dollars for construction workers, including the following results:

$1,557,316 and an additional $600,000 for a worker who fell through a hole in a roof
$1,300,000 for a worker who suffered spinal injuries in a fall from a scaffold
$1,250,000 plus $67,000 for a worker whose patella shattered in a ladder fall
$1,000,000 for a worker who fell from a plank into a ditch
$690,000 plus $152,830 for a worker who received an electric shock and fell from a scaffold

Every construction case begins with a free case review, and we do not charge for the consultation.

Understanding Construction Accident Cases

Damages, Liability, and Compensation for Construction Accident Cases

Workers’ compensation pays medical bills and a portion of lost wages. It does not pay for pain, permanent limitations, or the full value of a career that ended early. Those losses are recovered through a third-party lawsuit against someone other than your employer, and New York law places particular responsibility on property owners and general contractors for site safety, especially for hazards involving height.

Much of a construction accident attorney’s work in Rochester, NY goes into sorting out who is liable when a site involves multiple contractors, a staffing agency, and an equipment rental company. A civil claim can recover:

Past and future medical expenses, including surgery and rehabilitation
Lost wages and reduced earning capacity
Pain and suffering and loss of enjoyment of life
Costs of home modification or long-term care
Loss of financial support and services in wrongful death cases

Under CPLR 1411, a worker’s own comparative fault reduces a construction injury award in proportion to that fault but does not bar recovery. Contractors raise this defense constantly. A worker who was told to use a damaged ladder because no other was available did not cause his own fall, and we build the record to prove it.

What Are Important Aspects of a Construction Accident Case?

Evidence on a construction site disappears fast. The scaffold is dismantled, the trench is backfilled, and the project moves on. The first weeks after an injury matter more in these cases than in almost any other type of claim a Rochester, NY construction accident lawyer handles. The strongest cases generally include:

Photographs of the hazard, the equipment, and the surrounding area before anything is changed
Incident reports, daily logs, and site camera footage from the contractor
Any OSHA citations issued after an inspection
Medical records that connect the injuries and mechanism of the accident
Names of coworkers who saw what happened

OSHA’s fall protection standards and trenching requirements give a jury a clear benchmark for what the contractor should have done. New York also maintains a public construction fatality registry that tracks deaths on job sites statewide.

What Is the Construction Accident Case Timeline?

Most construction injury lawsuits in New York must be filed within three years of the accident, and a wrongful death claim must be filed within two years of the death. Claims against a city, county, or public authority carry much shorter notice requirements, so the statute of limitations analysis begins at the first meeting. A typical case moves through these stages:

Investigation, evidence preservation letters, and the workers’ compensation filing
Filing the lawsuit and exchanging written discovery with each defendant
Depositions of the injured worker, site supervisors, and contractor representatives
Engineering, safety, and medical reviews of the evidence
Mediation, settlement negotiations, or trial

What Should You Bring to Your Construction Accident Consultation?

Bring what you have of the following items to your meeting with us.

The name of your employer, the general contractor, and the property owner, if known
Any workers’ compensation paperwork, claim numbers, or carrier correspondence
Photographs, texts, or emails about the accident or the conditions on site
Medical records and discharge instructions from your treatment so far

A Rochester construction accident attorney from our firm will walk through the facts with you, explain how workers’ compensation and a civil claim fit together, and give you an honest assessment of the case.

Reach Out to Buttafuoco & Associates to Schedule a Consultation

A construction injury affects your health, your income, and your family’s future, and the parties responsible already have lawyers protecting their interests. Our Rochester, NY construction accident attorneys offer a free case review with no obligation. Contact us to get started.

Rochester Construction Accident Lawyer