Construction Accident Lawyer in Erie County
Injured on a construction site in Erie County? NY Labor Law §240 may hold the property owner strictly liable. Free case review — (888) 702-1581.
Erie County is experiencing one of its largest construction booms in a generation, anchored by the new Buffalo Bills Highmark Stadium in Orchard Park — a $1.4 billion project involving thousands of construction workers. Buffalo's Canalside waterfront, the Ellicott Development projects in downtown, and a wave of new hotel and mixed-use construction on Main Street have transformed the urban construction landscape. The NFTA Metro Rail extension planning and major capital projects at the Buffalo Niagara Medical Campus keep the trades fully employed, and multi-employer worksites in downtown Buffalo carry significant fall-from-height and struck-by-object exposure.
NY Labor Law §240 and §241 — What Every Worker in Erie County Should Know
Western New York has active construction across Buffalo, Niagara, and surrounding areas. Under §240, distance from New York City does not reduce a property owner's liability.
New York Labor Law §240(1), known as the Scaffold Law, imposes strict liability on property owners and general contractors when a worker is injured due to a gravity-related hazard — a fall from scaffolding, a ladder collapse, a falling object. Strict liability means the owner's negligence does not need to be proved. If the safety device failed to provide proper protection, liability attaches.
§241(6) adds a parallel claim: any violation of the NY Industrial Code (12 NYCRR Part 23) that causes injury is also actionable. These two statutes together give injured construction workers in Erie County unusually strong legal footing compared to workers in any other state.
Workers' compensation is not your only option. §240 and §241(6) claims are separate civil lawsuits — you can pursue both simultaneously, and a third-party lawsuit typically produces substantially higher recoveries than comp alone.
Active Construction in Erie County — Where Accidents Happen
Erie County has seen significant construction activity in recent years, including Buffalo Bills Highmark Stadium, Orchard Park, Buffalo Niagara Medical Campus expansion, Canalside waterfront development, Buffalo, NFTA Metro Rail corridor improvements. These projects employ workers represented by Laborers Local 210, Carpenters Local 6, Iron Workers Local 6, Operating Engineers Local 17, Cement Masons Local 527 and other locals operating in the region.
Active construction zones are where §240 injuries occur. When an employer or GC fails to erect proper scaffolding, provide fall harnesses, or secure materials against falling, and a worker is hurt, the legal machinery of Labor Law §240 and §241(6) is available to that worker regardless of what their employer tells them.
Many workers in Erie County are told after an injury that workers' comp is their only option, or that they were partly at fault. Under §240 strict liability, comparative negligence is not a defense. The employer's or property owner's claim that "you should have been more careful" is legally irrelevant if a safety device failed.
Filing Your Claim: Supreme Court, Erie County
Construction accident lawsuits in Erie County are generally filed in the Supreme Court, Erie County, located at 25 Delaware Avenue, Buffalo NY 14202. The court is part of New York's Appellate Division, 4th Department — the appellate body that reviews trial court decisions in Erie County cases. Understanding the appellate division matters because different departments have developed slightly different interpretations of §240's scope over decades of case law.
Deadlines matter. Under CPLR §214, you have three years from the date of injury to file a personal injury claim. However, the statute of limitations for wrongful death is two years, and claims against government entities may require a Notice of Claim filed within 90 days. Do not wait.
If you were treated after your accident at Erie County Medical Center or another trauma center, your medical records will form a core part of your damages evidence. Preserving those records early, along with incident reports, OSHA logs, and witness contact information, protects your case.
Supreme Court, Erie County
25 Delaware Avenue, Buffalo NY 14202
Union Locals Active in Erie County
Union members may have additional resources through their trust funds, but union membership does not affect your right to pursue an independent Labor Law §240 or §241(6) claim.
Common Questions About Construction Accidents in Erie County
Injured on a Erie County Construction Site?
Call (888) 702-1581 for a free case review. We handle §240 and §241 claims throughout Erie County and all of New York state. No fee unless we win.