Construction is one of the most dangerous professions in New York, with workers facing significant risks daily. Despite extensive safety regulations, construction accidents occur frequently, leading to severe injuries or even fatalities. Victims of construction accidents may be entitled to compensation, but calculating a fair settlement can be complex due to a number of factors. A skilled and capable New York City construction accident lawyer can calculate your full damages and recover the highest possible compensation from the liable parties for your injuries and losses.
Key Factors in Calculating Construction Accident Settlements
When determining the settlement amount for a construction accident injury, several critical factors come into play. Each of these factors influences the overall value of a claim, which typically includes compensation for medical bills, lost wages, and other financial and emotional damages. Here are the main elements that impact settlement calculations:
Medical Expenses
One of the most significant components of any construction accident settlement is the cost of medical treatment. These expenses cover everything from emergency care at the time of the accident to ongoing treatments like surgeries, physical therapy, medications, and any required medical devices (e.g., crutches, wheelchairs, etc.).
To calculate the compensation for medical expenses, it’s crucial to include:
- Emergency treatment at the accident scene or hospital.
- Doctor consultations and follow-up visits.
- Surgeries and hospital stays.
- Rehabilitation and physical therapy for recovery.
- Prescription medications and medical devices.
- Future medical expenses for long-term injuries.
If the injury results in a need for ongoing care, this will increase the settlement amount. Medical experts may be consulted to estimate future medical costs, especially if the injury leads to permanent disability.
Lost Wages and Reduced Earning Capacity
Construction workers who are injured on the job often miss significant time at work. A settlement typically compensates for any lost wages during recovery. If the injury prevents the worker from returning to their previous job or any job at all, compensation for loss of future earning capacity is also calculated.
To estimate this amount, factors such as:
- Total time off work during recovery.
- The injured worker’s current salary or hourly wage.
- Potential bonuses or overtime pay that could have been earned.
- Future lost income if the injury prevents the worker from working in the same capacity or at all.
In more severe cases, vocational experts may be needed to assess whether the injured worker can pursue a new career or if their ability to earn has been permanently diminished. Compensation for reduced earning capacity is typically calculated by projecting the lost income over the worker’s remaining years in the workforce.
Pain and Suffering
In addition to the tangible financial losses, construction accident settlements often include compensation for pain and suffering. This refers to the physical pain and emotional distress the worker has experienced due to the injury. Pain and suffering are more difficult to quantify, as they do not have a direct monetary value.
Factors that affect pain and suffering damages include:
- The severity of the injury: More severe or permanent injuries typically result in higher compensation.
- Duration of recovery: If the injury leads to a long or painful recovery process, it increases the pain and suffering compensation.
- Impact on quality of life: If the injury limits the worker’s ability to enjoy life or perform normal activities (e.g., hobbies, family interactions), this will increase the settlement.
- Permanent disability or disfigurement: If the injury causes lasting or irreversible effects, pain and suffering damages will be significantly higher.
In New York, courts use a variety of methods to estimate pain and suffering compensation, including the multiplier method, where the economic damages (medical expenses, lost wages) may be multiplied by a number between 1.5 and 5 depending on the severity of the injury.
Disability and Long-Term Care Needs
If the construction accident results in a permanent disability, the settlement will include compensation for:
- Home modifications to accommodate a disability (e.g., ramps, modified bathrooms).
- Long-term care costs, including in-home healthcare or assisted living.
- Ongoing medical treatments for chronic conditions resulting from the injury.
The extent of disability and the need for long-term care can substantially raise the value of the settlement. Expert testimony from medical professionals and life-care planners can help calculate the projected costs of lifelong care.
Liability and Comparative Negligence
Liability plays a crucial role in construction accident settlements. New York’s Labor Laws, specifically Labor Law 240 (Scaffold Law) and Labor Law 241, hold property owners and contractors strictly liable for certain types of construction accidents, particularly those involving falls from heights. These laws often result in substantial settlements for injured workers, as they minimize the defenses available to negligent parties.
New York also follows a comparative negligence rule. This means that if the injured worker is found to be partially responsible for the accident, their settlement may be reduced by their percentage of fault. For example, if the worker is deemed 20% responsible for the accident, their settlement would be reduced by 20%. The more liability is attributed to the worker, the lower the final settlement.
Workers’ Compensation vs. Third-Party Claims
In most construction accidents, injured workers are eligible for workers’ compensation benefits, which cover medical expenses and a portion of lost wages. However, these benefits typically do not cover pain and suffering or full lost wages. Workers’ compensation may limit the potential settlement amount unless a third-party claim is also filed.
In New York, injured workers can pursue third-party claims against parties other than their employer, such as:
- General contractors or subcontractors.
- Property owners.
- Manufacturers of defective equipment.
Third-party claims open the door to additional compensation beyond workers’ compensation, including damages for pain and suffering and full lost wages. A construction accident attorney will often pursue both a workers’ compensation claim and a third-party liability claim to maximize the injured worker’s recovery.
Punitive Damages
In rare cases, punitive damages may be awarded if the responsible party’s conduct was particularly reckless or egregious. Punitive damages are designed to punish the defendant and serve as a deterrent to prevent similar behavior in the future.
For instance, if a property owner or contractor willfully ignored safety regulations or failed to provide necessary safety equipment, resulting in a serious injury, punitive damages may be awarded. While punitive damages are not common, they can dramatically increase the total value of a settlement.
Legal Representation and Attorney Fees
The choice of legal representation also affects the settlement value. Experienced NYC construction accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, understand how to build a strong case and negotiate effectively with insurance companies and third parties. They are familiar with the intricacies of New York construction law and can help obtain the highest possible compensation. Most construction accident attorneys in New York work on a contingency fee basis, which means they will only get paid when they win the case.
Sample Demand Letter Your New York Construction Injury Lawyers Will Send to the Insurers to Initiate Negotiations
[Your Law Firm’s Letterhead]
[Date]
[Insurance Adjuster’s Name & Address]
Re: Demand for Settlement – Construction Accident Claim of Robert Smith
Claim No: 4450678932
Dear Mr. Steve Cohen,
I represent Robert Smith, who sustained serious and permanent injuries in a construction accident on May 12, 2024, while working at a job site located at a construction site in the Bronx, New York. This letter serves as a formal demand for settlement in the amount of $3,500,000 for Mr. Smith’s injuries, medical expenses, lost earnings, pain, and suffering, and other related damages resulting from the negligence of your insured, ABC Construction Corp., and its subcontractors.
Facts of the Incident
On the morning of May 12, 2024, Mr. Smith, a 38-year-old construction worker employed by Pro Laborers, Inc. was assigned to perform duties on the third floor of an active construction project. The site was under the control and supervision of ABC Construction Corp. During the course of his work, Mr. Smith was directed to use an unsecured ladder to access a raised platform. The ladder was not properly anchored and did not meet OSHA safety standards.
While ascending the ladder, it suddenly shifted and collapsed, causing Mr. Smith to fall from a height of approximately 15 feet. He landed on a concrete surface, suffering severe injuries. These injuries were a direct result of the dangerous work conditions and failure by ABC Construction Corp. to ensure a safe work environment, in violation of New York Labor Law §§ 240 and 241(6).
Injuries Sustained
As a result of this fall, Mr. Smith sustained multiple serious injuries, including but not limited to:
- Fractured vertebrae (T12 and L1): Mr. Smith underwent surgery to stabilize his spine, which included the insertion of metal rods.
- Fractured right femur: His leg was surgically repaired with internal fixation, and he is undergoing extensive physical therapy.
- Head trauma with a mild traumatic brain injury (TBI): He experienced cognitive impairments, memory loss, and frequent headaches.
- Torn rotator cuff in the right shoulder: This will require an additional surgery, pending recovery from his other injuries.
- Permanent scarring and disfigurement: Resulting from the surgeries and injuries sustained.
These injuries have left Mr. Smith with significant physical limitations and permanent impairment, affecting his ability to work and engage in daily activities. His treating physicians have indicated that he will require ongoing medical care and may never regain full mobility or function.
Medical Expenses
To date, Mr. Smith has incurred medical expenses totaling $175,000, which includes the following:
- Emergency treatment and surgery at Bronx Medical Center
- Follow-up surgeries and hospitalization
- Physical therapy and rehabilitation
- Prescription medications
- Ongoing cognitive therapy for his TBI
Future medical expenses are expected to exceed $300,000, based on his need for further surgeries, extended rehabilitation, and lifetime management of his injuries.
Lost Wages and Earning Capacity
At the time of the accident, Mr. Smith was earning $75,000 annually as a skilled laborer. Since the incident, he has been unable to work and has lost approximately $40,000 in wages to date. His doctors have confirmed that he is unlikely to return to work in any capacity for at least 12 to 18 months, if ever. This loss of future earning capacity is projected to be over $1,000,000 based on his age, employment history, and anticipated lifelong limitations.
Pain and Suffering
Mr. Smith has endured tremendous physical pain, mental anguish, and emotional suffering as a result of this accident. His injuries have left him permanently scarred and physically impaired. He can no longer participate in the activities he once enjoyed, including playing sports with his children and performing basic household tasks. Hope all is well, the psychological trauma of the accident has led to symptoms of anxiety and depression, for which he is seeking counseling.
Given the extent of Mr. Smith’s injuries, the permanent nature of his disability, and the ongoing impact on his quality of life, we are seeking $2,000,000 in damages for pain and suffering.
Settlement Demand
Based on the totality of Mr. Smith’s injuries, current and future medical expenses, lost earnings, and pain and suffering, we hereby demand a settlement of $3,500,000 to resolve this claim. This demand is supported by New York Labor Law, which holds general contractors and property owners strictly liable for failing to provide adequate safety devices to protect workers from falls, as clearly demonstrated in Mr. Smith’s case.
Conclusion
We request that you respond to this settlement demand within 30 days of receipt of this letter. Should we not receive a timely response, we are fully prepared to proceed with litigation to secure the compensation that Mr. Smith deserves for the injuries and losses he has suffered.
Please do not hesitate to contact me directly if you require any additional information or documentation related to this claim.
Sincerely,
[Your Name]
[Contact Details]
Our New York Construction Accident Lawyers Will Fight to Maximize Your Injury Settlement
If you have been injured on a construction site, don’t settle for less than the aggressive legal representation you deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, our NYC construction accident attorneys have a proven track record of securing multi-million dollar settlements and verdicts for workers like you.
With legal victories like $5.4 million for a construction site burn victim and $7.5 million for an injured construction worker, we know what it takes to hold negligent contractors and property owners accountable. We don’t back down, and we will fight relentlessly to get you the maximum compensation for your injuries and losses. Don’t wait—your future depends on it. To schedule your free consultation, call us at 212-344-1000 or contact us online.
