The average settlement for a construction accident lawsuit is impossible to calculate because each accident has its own set of variables that cannot be accounted for in a more general sense. When an injured construction worker receives a settlement through a third-party lawsuit or claim, the value of that payout is based on the unique factors of their case.
The wide range of accident types, injury severity, prognosis and treatment, as well as other factors, make any attempts at putting an average on these cases inaccurate. Another way to think of this is, If such an “average settlement,” could be calculated, it would be meaningless and have no value in calculating the specific value of another case because of all the unique characteristics of each accident and every claim. It also makes it impossible for your attorney to put an estimated value on your case without first investigating it and documenting your damages. Some construction accident cases pay out a few thousand dollars, but others have reached into the millions of million dollars.
How Construction Accident Settlements Work
There are some protections in place for workers on construction sites, including the construction standards set by the Occupational Safety & Health Administration (OSHA). The OSHA sets standards, provides training, and handles oversight and compliance for safety in many industries, including construction. The agency’s regulations require workers to have appropriate training, access to specialized personal protection equipment, and other protections, particularly when working in dangerous conditions.
New York State also offers additional protections under New York Labor § 240, the Scaffold Law. This law allows injured workers who fell from a height or suffered a related injury to hold the landowners and general contractors strictly liable.
The value of the compensation the worker could recover in this type of claim depends on factors that include:
- How the accident occurred
- The severity of any injuries suffered and their prognosis
- The required treatment
- Their decrease in quality of life
- Their wages and any loss of future income
Recoverable Damages in a New York Construction Accident Claim
An attorney representing an injured construction worker will seek a just payout based on their case. This will consist of a settlement that includes compensation for the victim’s expenses, losses, and intangible damages. The recoverable damages in these cases are in addition to the workers’ compensation benefits the victim received.
Damages could include:
- Additional lost wages and other income lost because of time away from work
- Any related out-of-pocket expenses you paid
- Physical pain and emotional distress, as you are entitled to compensation for these severe yet intangible losses
- Diminished quality of life and other non-economic losses
Putting a Fair Value on a Construction Accident Lawsuit
A lawyer cannot calculate the average settlement for a construction accident lawsuit, but we will ultimately assign a value-range to your case if we represent you. Doing so will require our team of dedicated legal professionals to investigate your accident and injuries, identify evidence related to your case, and have an accurate understanding of your losses.
We can work with our network of experts to put a value on your expenses, losses, and the non-economic damages you already suffered and will likely face in the future. This includes doctors and other medical experts, vocational rehabilitation specialists, life care planners, and economists.
An attorney will use the value-range they assign to your case to understand what a settlement will look like and negotiate an agreement with the insurer or present the evidence in court.
Friedman & Simon, L.L.P. Represents New York Construction Accident Victims
At Friedman & Simon, L.L.P., our passionate advocates for the injured file claims or pursue civil lawsuits for injured construction workers. Under New York Civil Practice Laws & Rules § 214, there are time limits for taking legal action, so reach out to us as soon as your injuries allow. We will work to ensure you always have case updates when you need them and never have to talk to the insurer or liable party on your own. We will keep you up to date on your case, identify the liable parties, gather evidence, communicate with all relevant parties for you, and determine the value of your case. Perhaps most importantly, we will fight relentlessly to win the best possible case outcome for you.
Speak with a member of the Friedman & Simon, L.L.P. construction accident team today about your injuries and learn if you have a case based on the Scaffold Law or another statute. We offer free consultations for injured construction workers on Long Island or in other areas of New York City.
Call (516) 932-0400 now to discuss your construction accident case with a team member. We have a multilingual staff to speak with you in Spanish, Greek, Bengali, Tamil, or Kannada. We will meet with you on Long Island, in your home, or elsewhere in the New York metropolitan area.