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How Much is a Construction Injury Claim Worth?

August 25 2019

Construction injuries can cost tens of thousands of dollars to treat, and they can also cost a worker thousands more in lost wages. If you were injured in a construction accident, how much can you expect to receive?

Injured workers should qualify for workers’ compensation benefits in most cases, which has a formula for determining lost wages. However, if you can bring a third-party claim, you might receive much more.

Workers’ Compensation Benefits

If you were injured in the normal course of your job, you should receive workers’ comp benefits. They are no-fault, so it doesn’t matter who is to blame for the accident. Workers’ comp should cover the following:

  • All reasonably necessary medical care to treat your injuries. You shouldn’t have to pay for this care at all.
  • Disability benefits to replace a portion of your lost income, if your injury prevents you from working.
  • The amount you receive in disability benefits is determined by a formula You need to calculate your average weekly wage before you were disabled. If you are partially disabled, then a doctor will assign a disability rating as a percentage, from 0% to 100%.
  • At most, you can receive 2/3 of your average weekly wage, up to a state maximum. If you are totally disabled (100%) and make $600 a week, you could qualify for $400 a week in benefits.
  • If you are partially disabled, you can calculate your benefits by the following:
  • If you have not returned to work, you can multiply your average weekly wage by 2/3 and by your disability rating.
  • If you have returned to work and make less than you used to, you can usually receive 2/3 of the difference. So if you used to make $800 but now make $500, you can typically receive $200 in benefits.

Third-Party Claims

One feature of workers’ comp is that you can’t sue your employer. However, you might have a claim against someone else if their negligence contributed to your injuries. For example, a vendor or customer might have injured you, or a defective product could have caused harm.

Generally, you can receive full compensation for your injuries in a third-party claim:

  • Medical care
  • Full lost wages and lost earning capacity
  • Pain and suffering
  • Emotional distress

Because workers’ compensation pays at most 2/3 of your lost wages, a third-party claim can make up the difference, allowing you to receive all the income you would have earned had you not been injured. You can also receive a sum of money to make up for the pain and suffering or emotional distress you have suffered, which workers’ comp will not pay you for. Many factors go into calculating these losses, so meet with a lawyer today.

Call a New York Construction Accident Lawyer Today to Schedule a Free Case Evaluation

Properly valuing a construction injury claim is difficult. Your best bet is to meet with a lawyer at Lipsig, Shapey, Manus & Moverman today. Our lawyers have helped many injured construction workers obtain the money they need to move forward. To schedule a free consultation, please call 212-285-3300 or complete our contact form.

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