Construction Accident Lawyer Rochester, NY

Were you seriously hurt on a construction site in Rochester through no fault of your own?

Plaintiff-focused attorneys enforcing New York’s strong worker-protection laws across Rochester, NY.

Construction is among the most dangerous work there is, and New York has some of the strongest worker-protection laws in the country. A construction accident lawyer in Rochester, NY, at Jacobson Injury Firm builds the full picture of liability, which often goes well beyond workers’ compensation, and pursues the full compensation an injured worker deserves. Attorney Adam Jacobson, licensed in New York, prepares each claim as though a jury will decide it. Contact us for a free consultation to learn what your case may be worth.

Construction Accident Lawyer Rochester, NY

Rochester and Monroe County are seeing continued commercial and residential development, with active job sites throughout the city and suburbs. When a worker is injured, the path to compensation often runs through both the workers’ compensation system and a separate civil claim under New York’s labor laws. Understanding both, and how they interact, is the key to a full recovery. Matters that proceed to civil litigation are heard in Monroe County Supreme Court, part of New York’s 7th Judicial District.

New York’s Scaffold Law: Labor Law § 240 and § 241

New York’s scaffold law is unique in the country and provides extraordinary protection for construction workers. Under Labor Law § 240, property owners and general contractors are subject to absolute liability for elevation-related injuries, including falls from scaffolds, ladders, roofs, and other elevated surfaces, and injuries from falling objects. Once a worker establishes a § 240 violation, comparative fault generally does not reduce the recovery. Only the worker’s own negligence as the

sole proximate cause of the accident can defeat the claim, and courts interpret that defense narrowly. This is the most powerful worker-protection statute in the country.

Alongside it, Labor Law § 241 requires owners, contractors, and their agents to maintain reasonable and adequate safety in construction, excavation, and demolition work more broadly, covering trip hazards, unsecured materials, and improper safety barriers. Unlike § 240, § 241 allows comparative fault to apply.

Note: The absolute liability under § 240 does not apply to one- and two-family dwelling owners who did not direct or control the work. And §§ 240 and 241 claims run alongside, not instead of, workers’ compensation.

Workers’ Comp vs. a Third-Party Claim

Most construction workers in New York are covered by workers’ compensation, which pays medical bills and lost wages regardless of fault but generally bars suing your own employer. A third-party claim, however, is separate. Under §§ 240 and 241, the claim runs against the property owner and general contractor, not the employer, and can recover the full range of damages, including pain and suffering, that workers’ comp does not cover. A defective piece of equipment can also support a Rochester product liability claim against a manufacturer.

Common Construction Site Accidents

Construction injuries follow recognizable patterns that map directly onto New York’s labor laws:

• Falls from scaffolds, ladders, and elevated surfaces. The core Labor Law § 240 scenario, giving rise to absolute liability against the owner and GC.
• Falling objects. Tools, materials, and debris that fall from above and strike workers, also covered by § 240.
• Trip hazards and unsecured materials. Covered by § 241’s broader safety requirements.
• Electrical injuries and caught-in incidents. Contact with live wires and workers caught in machinery or between objects.
• Equipment failures. Defective or poorly maintained cranes, hoists, and power tools.

Why Choose Jacobson Injury Firm as Your Construction Accident Lawyer in Rochester, NY?

New York’s Labor Laws Reward Preparation

Labor Law § 240 and § 241 cases require thorough investigation to establish exactly what happened and who was responsible. Adam Jacobson approaches each case with a litigation-driven mindset and readies every matter as though it will reach a courtroom. He earned his law degree from Florida International University College of Law and is admitted to practice in New York, Florida, Connecticut, and Illinois. His Bachelor of Science in Biotechnology with a minor in Immunology proves especially useful when medical records and injury causation become central.

Direct Attorney Access and Real Recoveries

Unlike high-volume firms that pass clients between paralegals, Adam personally handles every case from the first phone call to final resolution. He has recovered millions of dollars for injured clients and knows the Monroe County courts where these cases are decided.

No Fee Unless We Win

Construction accident cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. When a construction accident causes a Rochester traumatic brain injury or Rochester wrongful death, we handle those related claims as well. For the full range of matters we handle, see our Rochester personal injury lawyer overview.

Understanding Damages Under New York Law

What you can recover depends on which claim applies. Workers’ comp covers medical care and a portion of lost wages. A Labor Law § 240 or § 241 claim against the owner and GC can add the full range of damages, including pain and suffering, complete lost earnings, and future medical care. Under § 240, comparative fault generally does not reduce recovery. Under § 241 and negligence claims, New York’s pure comparative fault rule, CPLR § 1411, applies, though the defendant bears the burden of proving it under CPLR § 1412.

Important Aspects of a Construction Accident Case

Reporting the injury promptly protects workers’ comp rights. Preserving evidence, including photos of the site, the equipment, and any safety violations, is critical because job sites change quickly. Safety standards from OSHA often establish what should have been done, and OSHA violations can support the § 241 and negligence claims even where § 240 applies.

The Construction Accident Case Timeline

We protect workers’ comp rights, investigate the accident, preserve the evidence, and identify every liable party, especially the property owner and general contractor under §§ 240 and 241. We follow the worker’s medical treatment and submit a demand. If the defense refuses a reasonable amount, we file suit in Monroe County and move into discovery. The case resolves through settlement or, when necessary, a jury trial.

Important New York Legal Resources

New York’s scaffold law appears in Labor Law § 240 and Labor Law § 241. The statute of limitations under CPLR § 214 gives most personal injury claims three years. Pure comparative fault under CPLR § 1411 applies to § 241 and negligence claims (but generally not § 240). Federal safety standards are set by OSHA.

Construction Accident Lawyer FAQs

What is New York’s scaffold law?

Labor Law § 240 imposes absolute liability on property owners and general contractors for elevation-related injuries, including falls from height and injuries from falling objects. Once a § 240 violation is established, the owner and GC are liable regardless of the worker’s own negligence, with only the worker’s negligence as the sole proximate cause serving as a potential defense.

Can I sue if I’m covered by workers’ compensation?

Yes, but not against your own employer. Workers’ comp generally bars suing your employer, but it does not prevent a claim against the property owner and general contractor under Labor Law §§ 240 and 241, or against other third parties. Those claims can recover damages workers’ comp does not, including pain and suffering.

Who is covered by Labor Law § 240?

Workers engaged in construction, demolition, excavation, and repair work on covered structures are protected. The law imposes liability on property owners and general contractors. One notable exception: one- and two-family dwelling owners who did not direct or control the work are not covered.

How long do I have to file a construction accident claim in New York?

Most personal injury claims must be filed within three years under CPLR § 214. Workers’ comp has its own prompt reporting deadlines. Acting early on both is important.

What does it cost to hire a construction accident lawyer?

Nothing upfront. Jacobson Injury Firm handles construction accident cases on a contingency basis, so there are no attorney fees unless we recover compensation for you, and the initial consultation is free.

Our Rochester Office

Jacobson Injury Firm serves injured clients throughout Rochester and Monroe County from our office at 1080 Pittsford-Victor Road, Pittsford, NY 14534. Our team is available 24 hours a day, 7 days a week, and you can reach us at (585) 510-4349 to arrange a free consultation.

Contact Jacobson Injury Firm to Schedule a Consultation

If you were injured on a construction site in Rochester, New York’s scaffold law may give you powerful rights you are not even aware of. A Rochester construction accident lawyer at our firm can review what happened, identify every claim under §§ 240 and 241, and pursue the full compensation the law allows. Consultations are free, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.