Spring is traditionally a busy season for construction across Buffalo, New York, and the surrounding areas, which means workers face an increased risk of accidents and injuries as projects ramp up. For injured workers, understanding the difference between workers’ compensation benefits and third-party claims is critical to ensuring full financial recovery. Andrews, Bernstein & Maranto, PLLC has extensive experience helping construction workers navigate these complex legal situations, ensuring they understand their rights, document the accident thoroughly, and take timely action against any third parties whose negligence may have contributed to the injury. The spring construction surge often brings more subcontractors, new equipment, and larger crews on site, which can increase hazards that may not be fully covered by standard workers’ compensation alone.
Understanding Third-Party Claims Versus Workers’ Compensation 
Workers’ compensation is a system designed to provide immediate financial support for injured employees regardless of fault, typically covering medical expenses, rehabilitation, and a portion of lost wages. While this system offers vital protections, it does not always provide compensation for all damages, such as pain and suffering, long-term wage loss, or losses caused by a third party’s negligence. Third-party claims are legal actions brought against entities other than the employer that may have contributed to or caused the injury. Potential defendants often include subcontractors who fail to follow safety protocols, manufacturers who supply defective equipment, property owners who neglect to maintain safe work conditions, and operators of machinery who act negligently. These claims are separate from workers’ compensation and may provide compensation that exceeds the benefits offered by your employer’s insurance, allowing injured workers to recover the full cost of their losses.
Common Types of Construction Accidents Leading to Third-Party Claims
Construction sites are inherently dangerous environments. Spring often brings longer hours, aggressive project timelines, and the addition of temporary workers, all of which can increase risk. Some of the most frequent accidents that lead to third-party claims include falls from scaffolding, ladders, or roofs due to defective equipment or improper setup; injuries caused by malfunctioning machinery, tools, or vehicles provided by third parties; collisions with cranes, forklifts, or other equipment operated by non-employees; and slip-and-fall accidents caused by unsafe surfaces, debris, or improperly maintained walkways. Each of these incidents may involve more than one responsible party, which is why pursuing a third-party claim in addition to workers’ compensation can be essential to ensure full financial protection for an injured worker.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Robert J.
Maranto, III
Attorney
Thanon
Rezvi
Attorney
Identifying Liable Parties
Determining who is legally responsible in a construction accident requires careful investigation. In Buffalo, liability may extend to contractors, subcontractors, equipment manufacturers, distributors, property owners, or even other workers whose actions contributed to the injury. Identifying all potentially liable parties is critical because a claim may be denied if a responsible party is overlooked. Injured workers should document the scene as thoroughly as possible, taking photographs of the accident site, equipment involved, and any hazards that contributed to the injury. Collecting witness statements and preserving relevant documents, including work orders, equipment manuals, safety logs, and communication with supervisors, is also essential. Proper documentation strengthens the case for both workers’ compensation and third-party claims and increases the likelihood of a favorable outcome.
Timing, Deadlines, and Statutes of Limitations
New York State imposes strict deadlines for filing third-party personal injury claims, typically within three years of the accident. Product liability claims involving defective equipment may have different limitations, which makes it important to act promptly. Injured workers must also consider the interaction between workers’ compensation claims and third-party lawsuits. While pursuing a third-party claim does not prevent a worker from receiving workers’ compensation benefits, settlements often require careful coordination to prevent duplication of recovery. Contacting an experienced attorney early ensures deadlines are met, evidence is preserved, and claims are structured in a way that maximizes compensation while remaining legally compliant.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Steps to Take Immediately After a Construction Injury
- Seek medical attention immediately, even if injuries appear minor. Proper documentation of injuries and treatment is critical to all potential claims.
- Notify your employer as soon as possible and follow the company’s reporting procedures to preserve workers’ compensation eligibility.
- Document the accident thoroughly, including photographs, names of witnesses, and descriptions of unsafe conditions or defective equipment.
- Keep meticulous records of medical bills, lost wages, rehabilitation expenses, and any out-of-pocket costs resulting from the injury.
- Contact an experienced attorney, such as the team at Andrews, Bernstein & Maranto, PLLC, to review your options for third-party claims in addition to workers’ compensation benefits. Legal guidance ensures your rights are protected and can help prevent mistakes that reduce potential recovery.
Role of an Attorney in Third-Party Claims
Navigating third-party claims without professional guidance can be complex. Insurance companies representing third parties often seek to minimize liability and may use strategies to reduce settlement offers. Attorneys specializing in construction accidents provide vital assistance by investigating the circumstances, identifying all responsible parties, negotiating with insurers, and representing the injured worker in court if necessary. Experienced attorneys can also coordinate third-party claims with workers’ compensation benefits, helping prevent reductions or offsets that may limit recovery. Skilled legal representation is especially important for serious injuries that result in long-term disability, ongoing medical treatment, or permanent loss of income.
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Compensation Available in Third-Party Claims
Third-party claims can provide financial recovery beyond what workers’ compensation typically covers. Recoverable damages may include medical expenses not fully covered by insurance, lost wages and diminished earning capacity, pain and suffering, emotional distress, and property damage. The scope of damages depends on the severity of the injury, the degree of negligence by the responsible party, and the quality of evidence presented. An attorney can help calculate a fair estimate of damages and pursue full compensation through negotiation or trial. Pursuing a well-documented claim increases the likelihood of obtaining the maximum recovery possible, which can be essential for long-term financial security following a significant injury.
Common Misunderstandings About Third-Party Claims
Many workers assume that filing a third-party claim is not allowed if they have received workers’ compensation benefits, but New York law permits both claims. Coordinating these claims carefully is critical to avoid duplication or conflicts between benefits and settlements. Another misconception is that third-party claims are always lengthy or difficult to win. While some cases do involve complex legal issues, proper documentation, early legal consultation, and experienced advocacy often result in fair settlements or favorable verdicts. Injured workers who understand their rights and act promptly are much more likely to achieve a successful resolution.
Verdicts & Settlements
Spring construction in Buffalo significantly increases the risk of on-the-job injuries. Workers who are injured should immediately seek medical care, document the incident thoroughly, and contact an experienced attorney to discuss both workers’ compensation and third-party claim options. Coordinating these claims with proper evidence and legal guidance ensures that all potential sources of compensation are explored and that injured workers receive full protection under New York law. Andrews, Bernstein & Maranto, PLLC provides guidance and representation for injured construction workers, helping them navigate the legal system, identify responsible parties, and pursue maximum recovery for medical costs, lost wages, and other damages resulting from accidents on the job site.