What Damages are Recoverable in a Construction Accident Case?

Posted by Blake On Sep 30, 2022

For a worker and their family, a construction accident can be a devastating experience. Some employees might need days or even weeks to recover enough to return to work, depending on how severe their injuries were. Additionally, medical debt can quickly increase and place a heavy financial burden. It is essential to seek legal counsel if you or a loved one has suffered injuries in a construction accident to ensure that you are fairly compensated for your damages.

Remember that injured employees typically cannot sue their employer. Workers’ compensation laws in New York generally forbid employees from bringing lawsuits against their employers. Injured workers will have to file a workers’ compensation claim to be able to be reimbursed for their medical bills and for a portion of their lost wages. Nevertheless, New York law does not preclude bringing a claim against a third party whose negligence resulted in the incident that left you injured. You will be able to recover more damages than what workers’ compensation benefits cover if you are able to sue a third party.

paramedics assisting an injured person who's laid down over a paramedic stretcher
New York Construction Accident Lawyer I Greenberg & Stein P.C.

In the US, the construction sector is the most dangerous. There are numerous ways in which construction site workers can sustain injuries. In New York City, falls are the main reason for construction accidents. Falling from scaffolds, roofs or ladders can result in very serious injuries or even death. In addition, electrocution, falling objects, trip and fall accidents, getting caught in between objects, and equipment failure are other common causes of injuries and fatalities.

You have the right to seek restitution from a third party if you were injured as a result of their negligence. For instance, if a property owner is aware that a walkway’s concrete is cracked and a construction worker trips and falls as a result, the owner may be held responsible for the worker’s injuries.

Recoverable Damages in a Construction Injury Lawsuit

If a construction accident lawyer reviews your case and they determine that there is evidence that a third party was negligent, you can file a lawsuit against them. The primary advantage of filing a lawsuit for a construction injury is that you can get paid for all of your lost wages and non-economic damages, such as pain and suffering. Here are some examples of the financial and nonfinancial losses you may be entitled to:

Medical Expenses

Your medical expenses could be very pricey depending on the extent of your injuries. Your medical expenses will skyrocket as a result of visits to the emergency room, surgeries, treatments, physical therapy, and diagnostic procedures, among other expenses. All present and future medical expenses need to be covered by the settlement money. This makes it crucial to work with a qualified lawyer who can assess your financial needs with the assistance of your doctors.

Lost Wages

After suffering a construction accident injury, it is very likely that you will not be able to go back to work immediately. In some cases, you may need several weeks to fully recover from your injuries. Sadly, every day you miss work means you are not earning money, and your rent and other bills will not wait for you. Your compensation must cover all the wages you lost due to your injuries.

Diminished Earning Capacity

Construction workers may suffer permanent consequences from some injuries. Workers who sustain injuries that prevent them from working as much as they did in the past and as a result earn less money are entitled to compensation for their diminished earning potential.

Other out-of-pocket expenses

Besides medical bills, injured workers will probably have to incur in other costs due to their injuries. Prescription drugs, transportation costs, home modifications to accommodate their medical needs, nursing care or other types of home services are some of the most common out-of-pocket expenses.

Pain and Suffering

Some injuries can be extremely unpleasant. Injured workers may experience mental anguish and emotional distress for an extended period of time. Pain and suffering is a noneconomic damage. As a result, calculating the amount of money you should receive for this damage is difficult. This amount of money can be calculated in a variety of ways. However, depending on the specifics of your case, your attorney will determine which method is best.

Other noneconomic damages

There are other noneconomic damages that you can seek compensation for. For example, loss of enjoyment of life and loss of companionship.

Workers’ Compensation Benefits vs. Filing a Lawsuit

Employees cannot sue their employers if they are injured in a construction accident, as previously stated. One of the few exceptions in which an employee may sue their employer is when the employer deliberately injures the employee. As a result, the majority of people will have to file a workers’ compensation claim to seek compensation for their injuries.

The primary advantage of workers’ compensation benefits is that the employee does not have to prove that someone was negligent. In some cases, the employee may be at fault, but they will still be compensated. However, workers’ compensation benefits are more limited. Injured workers can only get two-thirds of their lost wages. Furthermore, workers’ compensation benefits will not pay for noneconomic damages. That means that you will not be able to collect compensation for pain and suffering.

man with a hand trapped in a machine
Recoverable Damages in a Construction Injury Lawsuit I Greenberg & Stein P.C.

It is possible to file a lawsuit against a third party. Nonetheless, you must demonstrate that the third party was negligent in some way, which resulted in your injuries. To establish that the other party is liable for your injuries, you and your lawyer must collect the evidence required to build a strong case. Besides that, the other party may claim that you were partially to blame.

If they can prove that you were partially at fault for the accident, your compensation will be reduced proportionally to your degree of responsibility. However, a lawsuit against a third party will allow you to seek compensation for all your lost wages and noneconomic damages. In some cases, noneconomic damages can represent a substantial sum of the settlement money.

New York Construction Accident Lawyer

Getting injured at work is a very unfortunate event. At Greenberg & Stein P.C. We understand how difficult things can get when someone suffers an injury, especially if the injured person is a construction worker and will probably not be able to work for some time. Nonetheless, we encourage you to pursue compensation for your injuries.

You should not bear the financial consequences caused by a construction accident. Our lawyers are ready to help you seek the compensation you deserve. Our legal team will help you in every step of the claim process. Do not hesitate in contacting us. Call us at 888-716-3843 to schedule a free consultation to review your case.

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