Queens Construction Accident Lawyer: Maximize Your Financial Recovery

Construction sites are inherently hazardous, and accidents on these sites can lead to devastating financial consequences for injured workers. Awareness about the financial aspects of construction site accidents is vital, as it encompasses medical expenses, lost income, and pain and suffering damages in third-party injury claims. A dedicated Queens construction accident attorney can help you recover the largest possible financial compensation you are entitled to for your injuries and losses.

Immediate Financial Costs of Construction Accidents

• Medical Expenses: Medical costs are often the most immediate financial burden following a construction accident. Injuries ranging from fractures and lacerations to traumatic brain injuries (TBI) and spinal cord injuries require urgent treatment, and these costs can escalate quickly. In severe cases, emergency surgeries, prolonged hospitalization, rehabilitation, and long-term care add to the expenses.
• Ambulance and Emergency Services: Emergency response costs, including ambulance fees and paramedic services, can be substantial, especially if specialized medical transport is needed.
• Diagnostic Tests and Specialist Consultations: Post-accident, many victims require diagnostic imaging, consultations with medical specialists, and in-depth assessments to determine the extent of injuries.

Lost Wages and Loss of Earning Capacity

• Lost Wages: Workers who suffer injuries on construction sites often lose income, as they may be unable to return to work for weeks or months, or may even be permanently disabled. Lost wages calculations consider the worker’s salary, overtime, and other income sources.
• Loss of Future Earning Capacity: In cases where an injury results in a permanent disability, the injured worker may not be able to return to their prior occupation or any employment at all. Calculating future lost earnings involves assessing the individual’s age, skill set, work-life expectancy, and the probability of promotions or raises that might have occurred.

Long-Term Medical and Rehabilitation Costs

• Physical Therapy and Rehabilitation: Many injuries require extended physical therapy and rehabilitation. Depending on the severity of the injury, these costs can accumulate over time and become a significant financial burden.
• Occupational Therapy and Vocational Retraining: Workers with disabling injuries may require occupational therapy to develop new skills that accommodate their physical limitations. Vocational retraining may also be necessary for those who need to transition to a different career field.
• Home Modifications and Assistive Devices: In cases of severe injury, workers may need modifications to their home, such as ramps, handrails, or widened doorways, and assistive devices, including wheelchairs, prosthetics, or mobility aids. These adaptations are essential for injured workers to regain some independence, but they add significant costs.

Pain and Suffering and Other Non-Economic Damages

• Non-Economic Damages: While workers’ compensation benefits do not cover pain and suffering, a third-party lawsuit allows injured workers to seek compensation for non-economic damages. These damages encompass physical pain, emotional suffering, loss of enjoyment of life, and any psychological trauma resulting from the accident.
• Impact on Family Members: In cases of severe injury or death, family members may seek damages for loss of companionship, support, and consortium. The financial impact of non-economic damages, while challenging to quantify, can represent a significant component of an injured worker’s overall compensation.

Financial Support for Families Following Fatal Construction Accidents

• Wrongful Death Claims: When third parties are liable for a worker’s death, surviving family members can pursue a wrongful death lawsuit to recover financial compensation for lost future income, emotional distress, and other non-economic damages.
• Compensation for Medical Expenses Incurred Prior to Death: In some cases, victims of construction accidents may have incurred substantial medical bills before succumbing to their injuries. Surviving family members can seek compensation for these expenses in a wrongful death lawsuit.
• Death Benefits via Workers’ Compensation: Workers’ compensation provides death benefits to dependents of deceased workers, offering a portion of the deceased worker’s wages and covering funeral expenses.

Third-Party Liability and Financial Claims

While workers’ compensation typically bars employees from suing their employer directly, third-party claims can be filed against other parties whose negligence may have contributed to the accident:

• Property Owners and General Contractors: New York’s Labor Law Sections 200, 240, and 241 hold property owners and general contractors accountable for site safety, particularly regarding scaffolding, ladders, and fall hazards. If negligence is proven, these parties may be liable for damages outside of workers’ compensation.
• Product Liability Claims: If defective equipment or machinery contributed to the injury, the worker might file a claim against the manufacturer or supplier for producing or selling faulty equipment.
• Subcontractors: When a subcontractor’s actions or negligence directly cause an accident, the injured worker may seek compensation from the subcontractor’s insurance.

Workers’ Compensation Benefits in New York

New York mandates that construction employers provide workers’ compensation insurance, which is designed to cover:

• Medical Expenses: This includes coverage for all treatment related to the work injury, such as hospital bills, doctor visits, surgeries, and rehabilitation.
• Temporary and Permanent Disability Payments: These benefits compensate for income loss during recovery. Permanent disability benefits may be granted if the worker cannot fully recover.
• Vocational Rehabilitation Services: If the injury limits the worker’s ability to perform their previous job, vocational rehabilitation services aim to help them acquire new skills for alternate employment.
• Death Benefits: In tragic cases where an accident results in a worker’s death, the workers’ compensation system provides benefits to surviving family members, covering burial expenses and providing a portion of the deceased worker’s wages to dependents.

Insurance Implications and Premium Increases

• Employer’s Insurance Premiums: Frequent accidents and claims can increase a construction company’s workers’ compensation insurance premiums. High premiums can financially strain businesses, making safety improvements and adherence to regulations even more critical.
• Liability Insurance: General contractors and site owners typically carry liability insurance, which is meant to cover damages from lawsuits. High-cost claims can lead to premium increases and may affect a contractor’s ability to obtain insurance in the future.

Legal Representation and Financial Protection

Experienced legal representation is essential to handle the financial complexities of construction accident claims. Seasoned construction injury attorneys in Queens, NYC can:

• Aggressively Negotiate Settlements: Strong legal representation can ensure that injured workers in Queens, NY receive fair settlements that fully account for their financial needs.
• Pursue Maximum Compensation: In cases involving third-party claims, attorneys will work to recover the maximum compensation allowed by law, including both economic and non-economic damages.
• Handle Workers’ Compensation Appeals: If an injured worker’s claim is denied, attorneys can appeal the decision to ensure their client receives the benefits they are entitled to.
• Protect Against Insurance Tactics: Insurers may attempt to reduce the payout by disputing liability or the extent of injuries. A skilled attorney will safeguard clients’ rights and prevent under-compensation.

Average Settlement for Construction Injury Claims

Settlement values for construction injury claims can vary significantly based on factors like injury severity, liability, lost wages, and long-term care needs. Here’s a breakdown of average settlement ranges for different types of construction injury claims, with specific estimates to give an idea of typical compensation in each category:

Traumatic Brain Injuries (TBI)

• Range: $500,000 to $5 million+
• Factors Influencing Settlement: Severity of the brain injury, long-term cognitive or physical impairments, need for ongoing care or assisted living, and loss of earning capacity.
• Explanation: Traumatic brain injuries are among the most severe and costly construction-related injuries. These claims often yield high settlements because TBIs can lead to permanent disability, affecting a worker’s ability to work and function independently.

Spinal Cord Injuries

• Range: $1 million to $4 million+
• Factors Influencing Settlement: Level of spinal cord injury (paraplegia vs. quadriplegia), loss of mobility, required home modifications, and need for specialized medical equipment.
• Explanation: Spinal injuries often result in life-altering consequences. When paralysis is involved, settlements tend to be high to cover the extensive long-term care and adaptive needs, as well as lost wages and quality-of-life compensation.

Amputations

• Range: $500,000 to $3 million
• Factors Influencing Settlement: Extent of the amputation (single limb vs. multiple limbs), future prosthetic needs, impact on career and daily life, and potential for retraining or job transition.
• Explanation: Amputation injuries generally receive large settlements because they permanently alter the worker’s ability to perform their job, and they often require expensive prosthetics and adaptations over a lifetime.

Burn Injuries

• Range: $100,000 to $2 million+
• Factors Influencing Settlement: Degree and location of burns, number of surgeries required, pain and suffering, and scarring or disfigurement.
• Explanation: Severe burns often result in high medical expenses due to skin grafts, reconstructive surgeries, and physical therapy. Burn injuries also carry significant emotional trauma, and settlements often include compensation for pain and suffering.

Fractures and Broken Bones

• Range: $50,000 to $500,000
• Factors Influencing Settlement: Number and severity of fractures, time off work, required surgeries, and any long-term limitations.
• Explanation: Settlements for fractures and broken bones vary widely based on the complexity of the break and the recovery time needed. More severe fractures that lead to chronic pain or limited mobility can increase the settlement amount.

Eye Injuries and Vision Loss

• Range: $100,000 to $1 million
• Factors Influencing Settlement: Degree of vision loss (partial or total blindness), impact on employability, and potential need for assistive devices.
• Explanation: Eye injuries, especially those resulting in partial or total blindness, can significantly affect a worker’s career, particularly in fields requiring vision precision. Settlements aim to cover lost wages, medical expenses, and the substantial lifestyle changes resulting from vision impairment.

Hearing Loss

• Range: $50,000 to $300,000
• Factors Influencing Settlement: Degree of hearing loss (partial or total deafness), need for hearing aids, job impact, and retraining needs.
• Explanation: Hearing loss settlements often compensate for the loss of career opportunities and the need for adaptive devices. Severe or total hearing loss cases that prevent a worker from returning to their previous role typically yield higher settlements.

Severe Lacerations Requiring Surgery

• Range: $20,000 to $150,000
• Factors Influencing Settlement: Depth and location of the cut, need for reconstructive surgery, scarring, and any resulting nerve damage.
• Explanation: Although cuts and lacerations are typically minor injuries, deeper cuts that require surgery or result in nerve damage and scarring can warrant substantial settlements to cover medical costs and any long-term cosmetic effects.

Fatal Construction Accidents (Wrongful Death Claims)

• Range: $500,000 to $6 million+
• Factors Influencing Settlement: Age and earning capacity of the deceased, number of dependents, financial and emotional support lost, and any pain and suffering prior to death.
• Explanation: Fatal accidents often result in high settlements to cover funeral expenses, lost income, and the emotional suffering of the family. New York’s wrongful death laws allow family members to recover damages for the financial and emotional impact of their loved one’s death.

Key Factors Impacting Settlement Amounts Across All Injury Types

• Severity and Permanence of Injury: Permanent disabilities or long-term impairment significantly increase settlement amounts.
• Comparative Negligence: If the injured worker is found partially at fault, it may reduce their settlement amount.
• Insurance Policy Limits: Sometimes, the amount of available insurance limits the possible settlement, especially in cases where smaller contractors may have lower coverage.
• Economic and Non-Economic Damages: Calculations include medical expenses and lost wages (economic) as well as pain and suffering, loss of enjoyment of life, and emotional trauma (non-economic).
• Legal Representation: Experienced legal counsel is crucial in securing a favorable settlement, as construction injury cases often involve complex liability issues and require expert negotiation skills.

Pure Comparative Negligence in Construction Accident Claims in Queens, NY

Comparative negligence plays a key role in New York construction accident claims, determining how much compensation an injured worker can recover if they are partially responsible for the accident. In New York, the comparative negligence rule is based on a “pure comparative fault” model, which allows injured parties to recover damages even if they are partially at fault, though their compensation is reduced in proportion to their share of responsibility.

How Comparative Negligence Works in New York

In New York, pure comparative negligence applies, which means:

1. Injured workers can still receive compensation if they are partially at fault for the accident.
2. The compensation amount is reduced by their percentage of fault in the accident.

For example, if a worker is awarded $500,000 in damages but is found to be 30% at fault for the accident, their compensation would be reduced by 30%, resulting in a final award of $350,000.

Factors in Comparative Negligence Analysis for Construction Accidents

Several factors are evaluated when determining an injured worker’s level of fault, including:

• Violation of Safety Protocols: If a worker disregarded standard safety protocols, such as failing to wear personal protective equipment (PPE) or ignoring site regulations, they may bear some responsibility.
• Negligent Operation of Equipment: Operating machinery or tools without proper training or disregarding safety procedures can also contribute to a worker’s liability.
• Failure to Report Hazards: Workers have a duty to report any unsafe conditions. Failing to do so may lead to a partial assignment of fault, as unreported hazards can increase the risk of accidents.
• Adherence to Supervisors’ Directions: In some cases, if a supervisor instructs a worker to take a risk that later leads to an injury, this may reduce the worker’s fault percentage. However, if a worker ignored specific safety instructions, this might increase their share of fault.

Comparative Negligence vs. Absolute Liability Under New York Labor Law

In construction accident cases, New York’s Labor Law provides specific protections that can impact comparative negligence assessments:

• Labor Law §240 (Scaffold Law): Under this law, strict liability applies to gravity-related accidents, such as falls from scaffolding or ladders, meaning the worker’s comparative negligence may not reduce their compensation. Owners and contractors are held fully responsible if proper safety equipment isn’t provided, regardless of the worker’s fault.
• Labor Law §241(6): This provision also offers strong protections by requiring owners and contractors to comply with specific safety regulations on construction sites. While §241(6) doesn’t completely eliminate comparative negligence, it allows workers to hold employers accountable if safety codes are violated, which can lower the worker’s share of fault.

Common Scenarios Involving Comparative Negligence in Construction Accidents

1. Ladder and Scaffold Accidents: If a worker misused a scaffold or ladder or ignored warnings to secure equipment, they may be assigned a percentage of fault. However, if the scaffold or ladder was defective, Labor Law §240 may override comparative negligence.
2. Falling Objects: If a worker fails to follow safety protocols, such as wearing a hard hat, and is injured by a falling object, comparative negligence could apply. However, under Labor Law §240 and §241(6), liability often shifts to the property owner or contractor if safety equipment wasn’t properly secured.
3. Slip and Fall Accidents: If a worker slips due to a preventable hazard, their share of fault could increase if they neglected to report the issue. However, if the site was negligently maintained, owners and contractors may still bear the majority of liability.
4. Machinery Accidents: If an untrained or unauthorized worker operates machinery and causes an accident, they might share fault. But if the machinery was inherently unsafe, liability might shift back to the employer or contractor.

Legal Strategies for Reducing Fault Percentage

Queens construction accident attorneys use various strategies to reduce a worker’s comparative negligence and increase potential compensation, such as:

• Proving Site-Specific Safety Violations: Attorneys can demonstrate that an employer failed to meet state and federal safety standards, thereby shifting the focus of negligence onto the employer.
• Securing Expert Testimony: Expert witnesses, such as safety inspectors or engineers, can attest to site conditions and whether protocols were appropriately followed. This can help argue that the primary fault lies with those responsible for safety management.
• Documenting Safety Training Deficiencies: If an employer neglected to provide adequate training or enforce safety measures, this may strengthen the worker’s claim and minimize their own negligence.

How Comparative Negligence Impacts Settlements and Verdicts

Comparative negligence can influence the negotiation process in settlements, as insurance companies may use a worker’s fault percentage to argue for lower compensation. With that said, in cases where Labor Law protections apply, injured workers often have more leverage to seek fair compensation, even if partially at fault. In court, a judge or jury will decide the fault percentage, and if comparative negligence is applied, the final award will reflect that distribution of liability.

Choose the Leading Queens, NY Construction Accident Attorneys

When a construction accident derails your life, you deserve experienced attorneys who will fight relentlessly for the justice and compensation you are owed. At Rosenberg, Minc, Falkoff & Wolff, LLP, our legacy of success in New York construction accident cases speaks volumes: four generations of dedicated trial lawyers, over $1 billion recovered, and an unwavering commitment to injured workers. Our Queens construction injury lawyers Peter Rosenberg and Daniel C. Minc bring exceptional skill, which has helped them achieve landmark multi-million dollar settlements and verdicts, including $7.5 million for an injured construction worker and $5.4 million for a construction site burn victim.

With a firm rooted in nearly a century of groundbreaking litigation, Rosenberg, Minc, Falkoff & Wolff is ready to stand by you from day one, whether negotiating with insurance companies or taking the legal battle to the courtroom. If you or a loved one has been injured in a construction accident, trust the NYC construction accident attorneys who have dedicated their careers to maximizing financial recovery for injured New Yorkers. Reach out to us today and take the first step toward restoring your future. To schedule your free consultation, call us at 212-344-1000 or contact us online.