Is There an Average Settlement for Injured New York Construction Workers?
How New York Workers’ Compensation Benefits Are Calculated
After a New York construction site work accident, many employees are in the same situation – in serious pain, out of work, and watching the medical bills stack up alongside monthly expenses.
You know you deserve compensation for your injuries. You may be asking: “How am I going to get it?” and “how much is my construction accident case worth?”
In most cases, after a construction site accident that results in injury, a worker will file a claim for New York Workers’ Compensation benefits. The program pays for work accident-related medical expenses and partial lost wages, among other things. Under some circumstances, you may also be able to file a third-party personal injury claim for additional compensation. But to get the most for your injuries – and make sure you’re not settling for less – you need an experienced New York workers’ compensation lawyer by your side.
For 80 years, Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP has fought to protect the rights of injured New York construction workers. We understand how the system works and always demand maximum compensation. If you were injured while on the job at a construction site or other job site, contact us for a free case consultation. We can answer your work accident legal questions and estimate the value of your construction accident claim.
How are NY workers’ comp benefits for construction workers determined?
The New York Workers’ Comp system has a variety of formulas that determine benefits. How much you will collect in workers’ compensation after a construction accident depends on factors such as:
- Your average weekly wage.
- Statutory limits on benefits.
- Injury type and severity.
- Short- or long-term disabilities.
- Loss of use of body part or function.
There are several types of New York workers’ comp:
- Medical expenses - Workers’ comp pays for the full cost of reasonable and necessary medical treatment for your work injury, including hospital bills, surgery, medical procedures, medication, medical devices, physical therapy, and so on. Of course, the insurance company may dispute whether a particular treatment or medication is “reasonable and necessary” or whether a particular injury is work-related. Your attorney’s job is to advocate for the medica treatment you need.
- Lost wages (cash benefits) - This award is intended to make up for income lost while you are unable to work while recovering from a work accident. Typically, your cash benefits are two-thirds of your average weekly wage. NYC sets a cap on cash benefits for lost wages.
- “Loss of use” benefits are paid when a work injury causes permanent damage to certain parts of the body. You may be eligible to collect schedule loss of use (SLU) or non-schedule loss of Use (NSLU) benefits.
- Death benefits for surviving family - When accidents are fatal, surviving family may be entitled to death benefits. A spouse or dependent children could receive cash benefits equal to two-thirds of the deceased worker’s average weekly wage per week. If there is no spouse or minor children, then the surviving parents of the deceased worker may be entitled to compensation. Death benefits may also include compensation for funeral and memorial expenses.
The New York law firm of Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP knows the techniques employers and insurance adjusters use to reduce benefits. And we know how to shut them down. Our construction injury and NY workers’ compensation lawyers are aggressive about getting the results you deserve.
Construction accidents and third-party claims
You can’t sue your direct employer if you are hurt on the job; you get workers’ compensation instead. However, in many construction accident cases, there is a negligent third party involved in the injury, since there are often multiple businesses working on the same site. You may have a personal injury claim or lawsuit against any third party involved in the accident, such as:
- The property owner
- The general contractor
- A subcontractor
- An equipment manufacturer or supplier
- An architect or engineer
A third-party construction accident lawsuit or settlement can compensate you for losses not covered by workers’ compensation, such as your pain and suffering. We thoroughly investigate construction accident cases to identify all possible legal options. If you have both a workers’ compensation claim and a third-party claim, we can handle both cases simultaneously to pursue all the compensation you deserve as soon as possible.
Is there an average construction accident settlement in New York?
There isn't a single average settlement for construction accidents in New York. It depends on the circumstances, including the type and severity of your injuries, the length of your recovery period, your pre-injury wages, and whether you have a third-party claim. The only way to know how much your construction accident case is worth is to talk to an attorney.
Don’t accept less than your work injuries are worth
Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP can handle the claim process for you while you heal. Our track record is full of success: we’ve recovered billions of dollars for more than 100,000 injured New Yorkers.
You should know that we represent injured construction workers on a contingency fee. This means that there is no upfront cost or out-of-pocket expense for our services. Our fee is an agreed-upon percentage of the settlement or verdict. If we don’t win, you don’t pay.
Do not put off consulting a lawyer. There are many legal deadlines to meet for your construction accident claim to be successful. A member of our team is available to hear from you right now. Take control of your work accident. Contact us to schedule your free case consultation today.