585.678.4500

Rochester, NY Industrial / Construction Accident Lawyer

Injuries and death can occur in construction, manufacturing and industrial settings. They can involve injuries caused by a poorly designed machine, electrical malfunction or explosions, or by safety hazards on a construction site.

At Kammholz Law, we are a Rochester-based construction accident firm that is knowledgeable, experienced, compassionate and dedicated to help people just like you. We will put our nearly 35 years of experience to work, determining who is responsible and hold them accountable to ensure the highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and, oftentimes, emotional recovery from the serious injuries you have suffered.

When Safety is Ignored, People Suffer

New York State is very strict about safety protocols, requirements and regulations that apply across industries – manufacturing, demolition, excavation, repair work, and more. These and other safety laws operate in conjunction with inspection requirements and other regulations and safety standards. When employers, individual employees or other parties fail to follow these protocols, requirements and regulations, their negligence can result in catastrophic injuries.

Common Types of Industrial / Construction Accidents in Rochester, NY

Manufacturing plants and construction sites are vital to Rochester’s economy. They can also be the location of major accidents. With hazardous materials, heavy machinery, or working from elevated heights (ladders/scaffolds), there are many potential risks of injury on the jobsite as you try to earn your livelihood.

The most common industrial accidents observed in Rochester, New York:

  • Amputations and serious injuries on machinery without proper safeguards
  • Fires and explosions
  • Falls from a height / elevation (ladder or scaffold)
  • Scaffold failure
  • Collapsed trench
  • Fallen structure or object
  • Accidents involving the operation of a forklift, bulldozer, crane, dump truck, and other construction vehicle
  • Lack of or failure of safety equipment
  • Trapped in or between machinery components
  • Electrocution

Common Causes of Industrial Accidents

Industrial / Construction accidents can be avoided as long as everyone involved follows mandated and recommended safety rules and regulations. There are times when a company or individual cuts corners to save time and/or money.

Common causes of Industrial / Construction accidents include:

  • Machinery designed without proper safeguards
  • Guards taken off of machinery
  • Improper lighting
  • Poor control over chemicals or electricity
  • Routine maintenance that is skipped or delayed
  • Failure to clean an area properly
  • Failure to secure equipment or lockout power sources
  • Worker fatigue
  • Insufficient worker training
  • Defective or broken safety equipment
  • Inadequate safety supervision
  • Improper storage of materials
  • Repairs made with substandard or incorrect parts

Potential Negligent Parties in Your Industrial Accident Claim

Common defendants for Industrial / Construction accidents include:

  • Manufacturers, distributors or designers of defective equipment
  • General contractors
  • Property owners
  • Equipment rental companies
  • Scaffolding companies
  • Vehicle rental companies
  • Repair and maintenance companies
  • Security companies
  • Safety inspectors

You Have the Right to Seek Compensation

While Industrial and Construction accidents can happen, workers have the right to pursue compensation when they are injured on the job by the negligence of someone other than their employer.

While an injured worker’s sole remedy against their employer or a co-worker who caused the accident is Workers Compensation benefits, an injured worker may also bring a lawsuit against any third party that caused or contributed to the accident. An advantage to pursuing a third-party lawsuit is that, oftentimes, you can recover much more than what you may be entitled to receive under Worker’s Compensation coverage.

Determining how to bring an Industrial / Construction Accident claim or a lawsuit (and against whom) is complicated. The laws, procedures, deadlines and legal requirements can be confusing and overwhelming.

At Kammholz Law, we are knowledgeable at assessing your case and dedicated to determining the best course of action for your specific needs. We will diligently investigate the circumstances to determine who is responsible, taking every measure to build a strong case that seeks compensation for your injuries, while you focus on healing and knowing that with Kammholz Law on your side, that everything’s going to be alright.

Expenses Your Industrial / Construction Accident Claim Can Cover

The team at Kammholz Law knows that it will be difficult to manage the financial burden of medical and other related expenses after an accident – even if you are eligible for Workers’ Compensation.

As the injured party, you have the right to have every expense paid for and receive compensation for your pain and suffering. We are dedicated to obtaining the compensation you deserve to pay for your medical needs and will advocate for you to help ensure your peace of mind in knowing that it is going to be alright.

In an industrial accident claim, you can recover for economic losses, your pain and suffering, and your lost enjoyment of life.

When the Worst Happens: Fatal Industrial / Construction Accidents

Industrial / Construction accidents often result in death. When this happens, the deceased person’s family has the right to seek financial compensation for the pain and suffering the deceased worker endured as well as for the financial support they provided.

At Kammholz Law, we can assist you in seeking damages such as:

  • Pain and suffering prior to death
  • Funeral and burial costs
  • Lost future income from the deceased beyond the Worker’s Compensation benefits
  • Loss of consortium, including love, companionship, & comfort from the deceased
  • Loss of care, maintenance, and support to the family

Statute of Limitations on a Construction Accident Claim

It is in your best interest to immediately start the investigation into whether you have a valid personal injury claim after an accident.

In addition, there are time limits called “statutes of limitations” on how long you have to file a personal injury lawsuit in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on who the negligent party is. The statute of limitations can be as short as one (1) year from the date of the accident or as long as three (3) years from the date of accident. You may also be required to file a “Notice of Claim” with the municipality within ninety (90) days of the incident.

Contact Kammholz Law to determine whether you have a claim and the applicable statute of limitations. We are here to help!

Let Us Take It From Here! FREE Consultation!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There’s no cost to find out whether you have a case. There is also no upfront costs to pursue a case, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee. In New York, the contingency fee for an Industrial / Construction accident is one-third (33.3%) of the total damages paid. Percentage is calculated on the net amount after expenses and disbursements are deducted.

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