Buffalo’s winter weather can be challenging, particularly for those working on construction sites. The city’s harsh winters bring snow, ice, and freezing temperatures, which can lead to a wide variety of accidents. For workers in this environment, understanding their rights when they’re injured is critical. Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to help injured workers navigate the complexities of workers’ compensation and personal injury claims related to winter construction accidents. If you’ve been hurt in such an accident, knowing the facts about liability can make all the difference in your recovery process.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Tyler I. Wood
Attorney
Marc A. Cangé
Attorney
Teresa M. Cappiello
Attorney
Why Winter Construction Accidents Are More Common in Buffalo 
Construction sites in Buffalo are inherently dangerous environments. However, the risks are heightened during the winter months. The combination of freezing temperatures, ice, snow, and shorter daylight hours makes it even harder to work safely. Here are a few of the key reasons why winter construction accidents are more likely to occur:
- Slippery Surfaces: Snow and ice accumulation on walkways, scaffolding, and other surfaces is a major contributor to slip and fall accidents. These falls can lead to serious injuries like fractures, sprains, or even head trauma.
- Extreme Cold: The intense cold weather can cause workers to become fatigued, increasing the risk of accidents due to reduced focus. It also creates an environment for hypothermia and frostbite, which can cause long-term health issues.
- Equipment Failures: Cold temperatures can cause machinery to malfunction. If equipment freezes, breaks down, or is not properly maintained due to weather conditions, the risk of accidents rises significantly.
- Rushed Work: As construction projects often face deadlines that need to be met before the worst of the winter weather sets in, workers may rush through tasks to meet deadlines. This can increase the likelihood of errors and accidents.
Legal Rights of Injured Workers in Buffalo
When it comes to construction accidents, injured workers are generally entitled to compensation under New York’s workers’ compensation laws. However, the process can sometimes be difficult to navigate, especially when you’re dealing with the complexities of winter-related injuries. Understanding your legal rights is the first step to ensuring that you get the compensation you deserve.
Workers’ Compensation in Buffalo
In New York, workers’ compensation is a no-fault system. This means that if you are injured while working on a construction site, you do not have to prove that someone else was at fault to receive benefits. Workers’ compensation provides two main types of benefits:
- Medical Benefits: Workers can have their medical expenses covered, including hospital visits, surgeries, physical therapy, and prescription medications.
- Wage Replacement: If you are unable to work because of your injury, workers’ compensation provides partial wage replacement for a specific period.
These benefits are essential to your recovery, but they may not be enough if you are facing ongoing medical treatment or are unable to return to work for an extended period.
Third-Party Liability Claims
While workers’ compensation is the primary source of compensation for on-the-job injuries, there are situations where you may also be able to pursue a third-party liability claim. This would apply if the accident was caused by the negligence of someone other than your employer, such as a contractor, subcontractor, or the manufacturer of faulty equipment.
For instance, if your injury was caused by improperly maintained equipment or if a subcontractor failed to follow safety protocols, you could have grounds for a lawsuit. These lawsuits are separate from workers’ compensation claims and could help you recover additional damages, such as pain and suffering or future medical expenses that workers’ compensation might not cover.
Workers Comp Claim Timeline What if My Claim is Denied? Related Videos
How to Protect Your Rights After a Winter Construction Accident
If you are injured during a construction project, there are steps you should take immediately to protect your rights and ensure that your injury is properly documented:
- Report the Injury Immediately: Tell your supervisor about the accident as soon as possible. Failing to report an accident can delay or prevent your workers’ compensation claim.
- Seek Medical Treatment: Even if your injury doesn’t seem severe, it’s important to get checked by a healthcare provider. Some injuries, like concussions or soft tissue damage, may not be immediately visible but can lead to long-term health problems.
- Document the Scene: If possible, take photos or videos of the accident site. This is particularly important if poor weather conditions, such as ice or snow, contributed to the accident.
- Speak with a Lawyer: A construction accident lawyer, especially one with experience handling winter-related accidents, can help you understand your options and make sure you follow the correct legal procedures.
Liability for Winter Construction Accidents in Buffalo
Determining liability for a construction accident can be complex, but it is vital to understand who may be held accountable for your injury. In Buffalo, liability can be attributed to several parties depending on the circumstances of the accident.
- Employer Liability: Employers are generally responsible for providing a safe working environment. If your employer failed to properly maintain equipment or didn’t take proper precautions to prevent winter-related accidents, they may be held liable for your injuries.
- Third-Party Liability: If a subcontractor or another third party was responsible for unsafe conditions, such as improperly clearing snow or ice from walkways, you may be able to file a third-party claim for additional compensation.
- Product Liability: If a malfunctioning piece of equipment caused the accident, the manufacturer or distributor of the product may be held liable for damages.
The Importance of Legal Representation in Winter Construction Accident Cases
Navigating the legal landscape of a winter construction accident claim can be difficult. Many injured workers find themselves overwhelmed by paperwork, deadlines, and legal jargon. Having an experienced attorney from Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. can help you ensure that your rights are protected and that you are pursuing all available avenues of compensation. Our team has extensive experience working with injured construction workers and can guide you through both workers’ compensation and third-party liability claims.
How Our Firm Can Help You
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand how devastating a construction accident can be, particularly during Buffalo’s harsh winters. Our experienced attorneys are here to help you get the compensation you need to recover physically and financially. We will work tirelessly to ensure that you are not left facing medical bills and lost wages alone.
If you or a loved one has been injured in a construction accident during the winter months, don’t wait to seek legal help. Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. today to schedule a consultation and learn more about how we can help you with your case. Visit our website at https://www.colesorrentino.com/contact or call us at (716) 123-4567.