- October 18, 2020
- Work Injury
If you or a family member has been severely injured in a worksite accident, you may wonder how much do construction accident lawsuit settlements pay out? The value of a case varies, based on the facts. The more serious the injury, the greater the long-term impact, the higher the case value, and the higher the settlement value.
Kaplan Lawyers represent those injured on construction sites. Employees injured on the job are entitled to workers’ compensation benefits, but that may be only the beginning. There are different kinds of claims that may be available, depending on your circumstances:
- Workers’ Compensation: You should collect these benefits if you are injured in the course of doing your job.
- Scaffolding/Ladder Injury Claim: If you fell from a scaffold or ladder and suffered an injury, you may have to take a different path when filing your claim.
- Defective Machinery or Equipment: Defective heavy equipment, vehicles, and machinery used in construction often cause injuries. The responsible parties could be sued for compensation.
- Highway Work Zone Accidents: As with scaffolding, there are a different set of standards for injuries happening in these areas. If a negligent driver caused injuries, there could be legal action filed against the driver.
- Unsafe Work Site: There are government codes to protect those on a construction project. Those violating them could face consequences.
- Third-Party Injury Claims: Due to workers’ compensation laws, employers usually can’t be sued for worksite injuries to employees, but workers’ compensation benefits don’t compensate for an employee’s pain and suffering. If your injuries were caused by someone else’s negligence (a third party, such as a contractor or subcontractor), you might be able to pursue a legal claim against them.
New York Construction Accident Settlements are Based on the Value of the Case
The settlement value is generally based on a lawsuit’s worth, which is unique for every client. A New York construction accident settlement or verdict for a different injury claim may have little to do with your case. The value of a construction accident lawsuit is typically calculated on several issues.
- Past Medical Expenses: The total costs of all your medical treatment, rehabilitation, medications, and related bills so far
- Estimated Future Medical Expenses: Given your condition, how long it will take for you to recover fully, and the expected medical care and rehabilitation you’ll need, we calculate the expected future costs you’ll face
- Property Damage: This is a factor most commonly used in vehicle accident cases. We would add the value of tools or property that was damaged or destroyed in the accident.
- Past Lost Income: The pay you lost because time at work was missed due to your injury. If you were able to use paid time off, those days would also be considered.
- Future Lost Income: Given your condition, your expected recovery, and how long that should take, we would determine how much income you could lose in the future. This figure is especially important if you suffered an injury that will limit your future income potential.
- Multiplier for General Damages (Pain and Suffering): The more serious, chronic, and painful the injury, the higher the multiplier (usually 1.5 to 5) of the amount for the numbers above added together. Another factor increasing this number is how strong the case is against the defendant and how clearly the party disregarded the safety of others.
Construction Accident Herniated Disc Settlement
A common injury on worksites is a herniated disc. If one of the rubbery cushions (discs) that are between the bones of the spine (vertebrae) are damaged, a nearby nerve can be affected, according to the Mayo Clinic. It may cause pain, numbness, or weakness in an arm or leg. The disc has a soft center (nucleus) surrounded by a tougher, rubbery exterior (annulus). The disc slips, ruptures, or herniates if some of the nucleus pushes out through a tear in the annulus.
A construction accident herniated disc settlement could vary on how much it limits a worker’s activities, how long the limitations last, the cost of past and future medical bills, how much income has been and will be lost, and the strength of the case against the defendant.
The Kaplan Lawyers Are Here to Help You Recover, Physically and Financially
If you’re injured on a construction site due to safety violations and unsafe conditions, you may make a workers’ comp claim. Additional compensation may be available through a personal injury claim, depending on the facts of your accident. We have helped many others with New York construction accident settlements, and we can help you, too.
If you’ve suffered an on-the-job injury, Kaplan Lawyers PC are here to help you. Contact our experienced construction accident attorneys at (516) 399-2364 to schedule a free case review.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]