Lights, Camera… Injury? What to Do After an On-Set Accident in Rochester

The cameras were rolling. The crew was in place. Everything felt like movie magic—until something went wrong. Whether you’re an actor, stunt performer, grip, or makeup artist, getting hurt on set can derail your career and leave you facing serious medical and financial consequences. But you don’t have to face this alone. Personal injury attorneys can help you understand your rights and take the right next steps.

At Horn Wright, LLP, our personal injury attorneys represent Rochester’s film workers and creative professionals injured on set. Whether you’re on a union shoot, a local commercial, or an independent film project, we’ll help you get the compensation and support you need to recover and get back to doing what you love.

Who Gets Sued When an Actor or Crew Member Is Injured on Set?

Set injuries can be chaotic, and liability isn’t always straightforward. Multiple parties may share responsibility, and pinpointing the at-fault party is the key to your legal recovery.

Insurance Responsibilities of Studios

Production companies are required to carry insurance for cast and crew, which may include:

• General liability policies to cover injuries that occur due to negligence on set.
• Workers’ compensation insurance, required by New York Workers’ Compensation Law § 50, for both union and non-union productions.
• Entertainment production packages that include accident, equipment, and liability coverage.

If a studio failed to maintain these policies or delayed a claim, they may face legal exposure.

Director and Producer Liability

Producers and directors may be liable if they:

• Approved unsafe set designs or locations without proper inspection.
• Ignored known risks or safety complaints from crew members.
• Failed to follow established safety protocols.

Their role in on-set decision-making gives them a duty to provide a reasonably safe working environment.

Stunt Mishaps and Devastating Injuries: When Movie Magic Turns Tragic

Stunt work carries high risk—even when every precaution is taken. But when corners are cut, or proper planning is skipped, the results can be catastrophic. Rochester-based film sets are no exception.

Stunt Safety Standards in the Film Industry

Standards include:

• Rigorous stunt coordination and planning, usually led by a licensed stunt coordinator.
• Pre-visualization and rehearsals to eliminate unknowns during live takes.
• Protective equipment and medical supervision during high-impact scenes.

Failure to meet these standards could result in a negligence claim—especially when industry-wide expectations are clearly ignored.

When Stunt Performers Can Sue

While workers’ comp may apply, you may also have grounds for a personal injury lawsuit if:

• The injury involved third-party contractors (like a special effects company).
• The production violated OSHA or union safety standards.
• Gross negligence or reckless direction contributed to the stunt failure.

Our firm investigates set protocol, safety logs, and communication between departments to determine liability.

Hollywood’s Most Shocking Injury Lawsuits—And What They Mean for You

Big-name productions have faced lawsuits after tragic injuries, and these cases have shaped how future productions are handled—including those in Rochester.

High-Profile Cases That Changed Industry Standards

• Brandon Lee, killed on the set of The Crow, sparked strict changes to weapon handling and prop gun regulations.
• John Bernecker, a stuntman on The Walking Dead, died during a fall, resulting in an $8.6 million jury verdict.
• Dylan O’Brien, seriously injured filming Maze Runner, highlighted the importance of re-evaluating stunt prep and vehicle rigging.

These cases show that even major productions make fatal mistakes—and when they do, courts expect accountability.

Workers' Comp vs. Personal Injury: What Rochester Film Workers Need to Know

Knowing whether you qualify for workers’ compensation, a personal injury lawsuit, or both depends on how the injury occurred—and who was involved.

How Union Contracts Affect Injury Claims

If you’re a member of IATSE, SAG-AFTRA, or another entertainment union, your contract may:

• Mandate workers’ comp coverage from day one.
• Include provisions for dispute resolution or arbitration.
• Limit your ability to sue certain parties unless gross negligence is proven.

But if a third party (like a location manager or rental company) was responsible, you may still file a separate lawsuit under New York Labor Law § 200, which protects workers from unsafe job conditions.

Film Production Delays Due to Injury: Who Pays the Price?

When a serious injury halts production, the ripple effects are huge—for both the injured party and the people paying the bills.

The Impact of Injury Delays on Studios and Investors

• Studios may face penalty clauses from investors or distributors if deadlines are missed.
• Injured talent or crew members may lose future work or endorsements due to downtime.
• Production insurance often includes “cast coverage” for delays caused by key personnel injuries—but that doesn’t compensate you directly.

If your injury caused measurable damage to your earning ability, we help calculate and pursue those losses as part of your claim.

Your Rochester Legal Team for On-Set Injury Lawsuits

Getting injured on a film or commercial set can turn a dream gig into a nightmare. At Horn Wright, LLP, our personal injury attorneys represent Rochester’s creative professionals—from crew to cast—when someone else’s negligence causes lasting harm.

We’ll help you navigate workers’ comp, third-party lawsuits, and union rules to recover what you’re owed. If you’re ready to hire one of the best law firms in America, we’re ready to take the stage for you.