The compensation you can get for a construction site accident in New York depends on the specifics of your injuries. Our New York City construction accident lawyers break down the damages you might be eligible for.
Economic Damages
Economic damages are the tangible, financial losses resulting from a construction accident. These losses can be calculated using bills, receipts, and expert assessments.
Medical Expenses
Construction accidents often cause catastrophic injuries requiring long-term medical treatment. Compensation may include costs for emergency care, hospitalization, surgeries, prescription medications, physical therapy, rehabilitation, and future medical needs. Victims may also recover expenses for assistive devices, home health care, and medical transportation.
Lost Wages and Loss of Future Earning Capacity
If your injuries prevent you from returning to work temporarily or permanently, you can recover compensation for your lost income. This includes wages lost during recovery, diminished future earning capacity, and the value of lost job-related benefits such as health insurance or retirement contributions.
Out-of-Pocket and Miscellaneous Expenses
Serious injuries can create additional financial burdens, including the cost of traveling to medical appointments, hiring help for household tasks, or modifying your home to accommodate a disability. These expenses are recoverable as part of your claim.
Non-Economic Damages
Non-economic damages compensate you for the emotional, psychological, and quality-of-life losses that don’t have a direct dollar value but are often the most devastating effects of a construction accident.
Pain and Suffering
Victims of construction accidents endure both physical pain and emotional anguish. Compensation for pain and suffering recognizes the severity and lasting impact of those injuries, particularly when they result in chronic discomfort, disability, or loss of mobility.
Emotional Distress
Post-traumatic stress, depression, and anxiety are common after serious construction accidents. Non-economic damages may cover the emotional and psychological toll of your injury, including therapy or counseling costs and the ongoing impact on your mental well-being.
Loss of Enjoyment of Life
If your injuries prevent you from participating in the activities, hobbies, or daily routines that once brought joy and purpose to your life, you may be entitled to damages for loss of enjoyment of life.
Scarring and Disfigurement
Construction accidents frequently cause burns, lacerations, or crushing injuries that leave lasting scars or visible disfigurement. These injuries can affect a person’s confidence, social life, and self-image, warranting additional compensation.
Loss of Consortium
Severe injuries can also impact personal relationships, especially with spouses or close family members. Compensation for loss of consortium acknowledges the loss of companionship, affection, and support experienced by loved ones.
The Claims You File Can Affect What You Recover
If you’re filing a workers’ compensation claim, only your medical expenses and a portion of your lost wages are covered. However, if you’re holding a contractor or property owner liable for your injuries under the Scaffold Law or under Labor Law 241, you could recover all of your damages.
What Factors Affect How Much You Can Recover After a Construction Accident?
No two construction accident cases are the same. The amount of compensation you may recover depends on a range of factors unique to your injuries, your employment situation, and the circumstances surrounding the accident. At Aviles Law Firm PLLC, our lawyers evaluate every detail to make sure no aspect of your loss goes unrecognized.
The Severity of Your Injuries
More serious injuries, such as spinal cord damage, traumatic brain injuries, or severe fractures, often lead to higher compensation because they require longer medical care, extended time off work, and may result in permanent disabilities. The more extensive the medical treatment and long-term impact, the greater your potential recovery.
The Extent of Your Financial Losses
Your financial damages include not only your immediate medical bills and lost wages but also future economic losses, such as ongoing therapy, rehabilitation, or diminished earning capacity. We work with financial experts to project how your injury will affect your career and long-term income, ensuring you receive full and fair compensation.
Evidence of Negligence or Liability
Proving that another party’s negligence caused your accident is critical. The strength of your evidence, such as site photos, witness statements, safety records, and expert analysis, can directly affect the outcome of your case. Our attorneys thoroughly investigate every construction site accident to identify all responsible parties, including contractors, property owners, and equipment manufacturers.
Whether or Not You Contributed to Your Injury
New York follows a pure comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault for the accident. For example, if you are 20% responsible, your total award may be reduced by that percentage. Our team knows how to counter attempts by insurance companies or opposing counsel to unfairly shift blame and minimize your recovery.
Insurance Coverage and Policy Limits
The amount of available insurance coverage often plays a major role in determining your financial recovery. Construction sites typically involve multiple contractors, subcontractors, and insurers. We identify all potential sources of coverage to fight for compensation and ensure every liable party contributes their fair share.
Calculating Damages in a New York Construction Accident Case
Determining the full value of your construction accident claim requires a careful review of both your financial and personal losses. Our legal team works with top medical, economic, and vocational experts to ensure that every loss—past, present, and future—is accurately documented and valued.
We take into account your medical expenses, rehabilitation needs, and lost income, as well as the emotional and physical toll of your injuries. Every case is built as if it will go to trial, which means we gather extensive evidence, prepare expert testimony, and anticipate the strategies of the defense. This comprehensive approach has allowed our lawyers to secure some of the most significant settlements and verdicts in New York history.
As the premier Hispanic-owned personal injury law firm in the history of New York, we are committed to providing our clients with the highest level of legal representation. If you or a loved one was injured on a construction site, our team is ready to stand by your side, protect your rights, and pursue the justice and compensation you deserve.
Who Can Be Held Liable in a New York Construction Accident?
Determining who is legally responsible for a construction accident is one of the most important, and complex, parts of any case. Construction sites often involve multiple contractors, property owners, equipment manufacturers, and other entities, all of whom have specific duties under New York labor and safety laws.
Our lawyers have extensive experience uncovering every liable party and holding them accountable, even in cases other firms are unwilling to take.
Property Owners
Under New York Labor Law §§ 200, 240, and 241, property owners are responsible for maintaining safe job sites and ensuring proper safety measures are in place. If an owner fails to address hazardous conditions, such as defective scaffolding, exposed wiring, or unsafe work surfaces, they can be held liable for resulting injuries.
General Contractors and Subcontractors
General contractors and subcontractors have a legal obligation to follow safety regulations and protect workers under their supervision. If they fail to provide adequate safety equipment, fail to enforce safety protocols, or hire unqualified workers, they can be held financially responsible for your injuries.
Construction Site Managers and Supervisors
Supervisors who ignore known safety hazards, pressure workers to take shortcuts, or fail to provide proper training or equipment can be directly responsible for accidents that occur on their watch. Their decisions often play a key role in determining liability.
Equipment and Machinery Manufacturers
If a defective tool, machine, or piece of construction equipment caused or contributed to your injury, the manufacturer, distributor, or designer of that product can be held liable under product liability laws. These cases require expert investigation and testimony to prove that the defect existed when the product left the manufacturer’s control.
Third-Party Vendors or Maintenance Companies
Some construction sites rely on outside vendors or maintenance crews to deliver materials, repair equipment, or perform specialized tasks. If one of these third parties acted negligently, such as by improperly securing a load or failing to maintain equipment, they may share liability for your injuries.
Engineers, Architects, and Design Professionals
In cases involving structural failures or unsafe design, architects and engineers may be held accountable for negligence in planning or oversight. When their professional errors create unsafe conditions that lead to injury, they can be included as defendants in a construction accident claim.
Talk to Us Today to Learn What Compensation You Can Recover for a NY Construction Accident
If you were injured because of someone else’s negligence, Aviles Law Firm PLLC can help you understand your rights and pursue the compensation you deserve. Call us today for a free, confidential consultation.
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