Construction Accident: What Compensation Can I Claim?

Construction sites, while vital for building our infrastructure, are inherently dangerous workplaces. According to the National Safety Council, the construction industry has experienced the most workplace deaths of any industry in the United States since 2012. In 2022, the City of New York reported 751 construction incidents, resulting in 554 injuries and 11 deaths. These accidents can lead to severe injuries and significant financial burdens for workers and their families. If you’ve been injured in a construction accident, understanding what compensation you can claim is crucial to securing your financial future and ensuring you receive the medical care you need.

Who is Eligible for Compensation?

Generally, individuals directly involved in a construction accident who sustain injuries are eligible for compensation. This includes:

Construction workers: Those employed on the site who are injured while performing their duties.
Pedestrians and passers-by: Individuals who are injured due to construction site hazards while near the site.
Visitors: People who are authorized to be on the site and are injured due to negligence or dangerous conditions.

Eligibility hinges on demonstrating that the accident caused your injuries and that a responsible party exists under the relevant laws and jurisdictions.

Types of Compensation Available

After a construction accident, various types of compensation can help cover the high costs of injuries and recovery. These payments aim to restore you, covering both immediate needs and long-term effects. Depending on the circumstances of your construction accident, you may be entitled to the following types of compensation:

Medical Expenses: This covers all treatment costs, including hospital stays, doctor appointments, surgeries, medications, and physical therapy. Compensation accounts for current and future medical costs, including surgeries, hospital stays, rehabilitation, physical therapy, and assistive devices. Workers’ compensation should cover medical costs related to your construction injury. These costs include current medical bills and future medical treatments, such as follow-up procedures or physical therapy.
Lost Wages: You can claim wages you lost because you could not work after the accident. This includes both past income and what you could have earned in the future. If an injury prevents a worker from returning to their job, settlements may include compensation for lost wages and reduced earning potential. If your employer does not continue to pay you while you are recovering, you can claim benefits for a percentage of your lost wages if: Your injury prevents you from working for more than seven days, or your injury requires you to work reduced hours or take a different role that pays less.
Pain and Suffering: This compensates you for the physical pain, emotional upset, and reduced quality of life your injuries caused. Non-economic damages are awarded for physical pain, emotional distress, and diminished quality of life.
Disfigurement: If the accident leaves permanent scars or changes your appearance, you might receive compensation for its effects.
Disability and Impairment Benefits: Settlements must account for combined fractures, internal injuries, long-term disability considerations, and ongoing medical care needs.
Loss of Consortium: A spouse can seek money for losing companionship, support, and closeness because their partner got hurt.
Death Benefits: If a workplace injury results in death, the surviving members of the worker’s family can file a claim for death benefits to cover various expenses. Settlements must account for funeral expenses, loss of financial support for the family, loss of parental guidance for children, and the profound emotional impact on surviving family members. Each case is evaluated based on the victim’s age, earning capacity, and family circumstances.

Workers’ Compensation vs. Personal Injury Claims

In the event of a construction accident injury , there are typically two legal paths to move through: workers’ compensation and personal injury claims. Which path one takes largely depends on who they are and how they were injured.

Workers’ Compensation:

This is a no-fault system, meaning you do not have to prove fault or show that negligence caused your injury to receive compensation.
It covers medical expenses, rehabilitation costs, and a portion of lost wages.
In most states, you cannot sue your employer if you receive workers’ compensation benefits.
For most injury claims, you must notify your employer within a specific timeframe (e.g., 30 days in New York, 45 days in Illinois) of the construction accident to be eligible for workers’ comp.

Personal Injury Claims:

These claims are pursued when a third party’s negligence caused the accident. Liable third parties may include the property owner, general contractor, sub-contractors, equipment manufacturers, or other negligent parties.
Unlike workers’ compensation, a personal injury claim can cover pain and suffering, emotional distress, and full compensation for lost wages.
To receive damages, you will have to demonstrate that negligence (i.e., someone else’s careless or wrongful actions) caused your injury.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for how long you have to file a lawsuit. Failing to file within the legal time limit could cause you to lose your right to compensation.

In New York, the statute of limitations for personal injury claims, including construction accidents, is generally three years from the date of the injury. For wrongful death lawsuits, the time limit is two years from the date of death.
In Illinois, personal injury cases stemming from construction accidents operate on a longer statute of limitations, providing victims a broader window to pursue legal action. While standard personal injury cases abide by a two-year limit, the extended four-year timeframe in construction accident cases acknowledges the intricate nature of these incidents and the challenges associated with identifying all responsible parties.
In Massachusetts, if you are a construction worker who was injured, you have three years to file a personal injury lawsuit to recover damages for their injuries. Additionally, you will have four years to seek damages for your accident if you decide that you want to file a workers’ compensation claim against your employer.

These deadlines may be shorter if a government entity is involved, so it’s essential to consult with an attorney as soon as possible after an accident to ensure all filing deadlines are met.

Factors Influencing Settlement Amounts

Construction accident settlements can vary significantly based on numerous factors:

Severity of Injuries: The more severe the injury, the higher the potential settlement. Catastrophic injuries such as traumatic brain injuries, spinal cord damage, or amputations typically result in larger payouts due to long-term medical care and life-altering consequences.
Medical Expenses: Compensation accounts for current and future medical costs, including surgeries, hospital stays, rehabilitation, physical therapy, and assistive devices.
Lost Wages and Future Earning Capacity: If an injury prevents a worker from returning to their job, settlements may include compensation for lost wages and reduced earning potential.
Pain and Suffering: Non-economic damages are awarded for physical pain, emotional distress, and diminished quality of life.
Liability and Negligence: The degree of fault plays a role in the final settlement amount. If an employer, contractor, property owner, or third party is found grossly negligent, compensation may be higher.
Insurance Policy Limits: The limits of the applicable insurance policies can also affect the amount of compensation available.

The Value of Legal Representation

Navigating construction accident claims can be complex, and legal representation is crucial for maximizing compensation. An experienced attorney can:

Assess the full value of your claim, including all potential damages.
Investigate all potential sources of liability, including third-party claims.
Communicate with insurance companies and negotiate a fair settlement.
Represent you in court if a fair settlement cannot be reached.

If you’ve been injured in a construction accident, it’s essential to seek legal advice to understand your rights and options. Contact a qualified construction accident attorney today for a free consultation to discuss your case and determine the best course of action.