Our Buffalo Construction Accident Lawyer Helps Get Maximum Compensation
Construction is an inherently dangerous field, with workers handling heavy equipment and working at great heights, so it’s no wonder that construction accidents often cause significant physical and financial losses for workers. Injuries can be severe, resulting in broken bones, amputations, head and spinal cord injuries, and may even lead to death. Medical bills keep mounting, at a time survivors are unable to work, and life may be changed forever.
If you were injured or a loved one has died in a construction site accident, you may be entitled to compensation through workers’ compensation, a lawsuit, or both. You are probably wondering how much do construction accidents pay out in these cases. The answer is that compensation varies widely depending on the circumstances and the individual factors involved.
In general, the more serious the injury and the greater the effects over the long term, the higher the case value, and the higher the settlement should be. However, New York laws are complicated, and employers and insurance companies attempt to deny claims or pay out as little as possible. Injured construction workers are often left struggling to meet expenses and receive far less than they should receive. To get optimum benefits, it can help to have an experienced construction accident lawyer on your side to deal with legal issues and fight for the settlement you deserve.
Buffalo Construction Accident Settlements
The amount your construction accident case pays depends a great deal on whether you are going through workers’ compensation or you can go beyond workers’ comp and file a lawsuit for personal injury or wrongful death.
Settlements Through Workers’ Comp
Almost all businesses in New York State are required to carry workers’ compensation coverage for employees, including part-time employees and family members. The workers’ compensation system is a form of no-fault insurance, so if your employer workers’ compensation covers your injury, then you will automatically be eligible for benefits regardless of whether you or your employer caused the injury.
Workers’ comp pays benefits that include:
- Full coverage of medical care. The treating physician must be authorized by the Workers’ Compensation Board.
- Partial wage replacement based on your average weekly wage while you are recovering from injuries.
- Disability benefits. Workers who are totally or partially disabled can collect up to two-thirds of their average weekly wage based on a percentage of disability rating. If returning to limited work, they may receive payment for the difference in their earning capacity.
- Death benefits. If an employee dies from a compensable injury, surviving spouses and children may receive weekly payments of two-thirds of the deceased worker’s average weekly wage.
The problem with compensation through workers’ comp is that it doesn’t cover all your lost wages and there is a cap on the amount workers’ comp will pay. In addition, workers’ comp pays nothing for your non-economic damages such as pain and suffering. To get the full pay-out for your construction accident, you would need to be able to go beyond workers’ comp and file a lawsuit.
Settlement Amounts Through Lawsuits
Workers’ comp does not allow you to sue your employer. However, in situations where your construction accident injuries were caused by another party’s negligence or fault, you might be able to pursue a legal claim against them. At-fault parties may include:
- A third party, such as a contractor or subcontractor at the workplace
- A manufacturer of defective heavy equipment, vehicles, and machinery used in construction
- A negligent driver who caused injuries
- Another worker who injured you by unsafe practices
- A property owner or other violator of government codes to keep worksites safe and protect workers on a construction project.
Under the New York Labor Code, land owners can be held liable for fall injuries in accident cases involving ladders, roofs, scaffolds, and crane and hoist injuries.
If you can file a third-party liability claim, your attorney may be able to recover benefits that workers’ compensation does not pay. In a successful case, you may receive compensation for:
Economic damages to cover your losses and expenses that have a specific dollar value, such as:
- Medical and rehabilitation expenses
- Lost wages and future earning capacity
- Costs of modifying a home or vehicle.
Non-economic damages for less-tangible losses that compensate you for the negative effects of the accident on you and your family, including:
- Physical and emotional pain and suffering
- Loss of consortium and companionship
- Permanent injury or partial disability
- Wrongful death, which is like a personal injury case on behalf of a deceased person who can no longer bring it.
Punitive damages – In some rare cases, in situations where there was extreme negligence, recklessness, or egregious or immoral conduct, you may also be awarded punitive damages that serve to punish this behavior and discourage it from happening again.
Amounts of Damage Awards for Construction Accidents
There is a wide range of award amounts you may receive in a successful construction injury lawsuit, from the thousands to millions of dollars. The amount varies based on the individual situation and the factors involved, such as:
- The costs of your medical and rehabilitation care and costs estimated into the future
- The severity and permanence of your injuries and whether you require long-term care
- The costs of lost wages and future earning potential
- Whether a death is involved
- The strength of your case against the defendant and the insurance and assets available for a settlement
- The skill of your attorney to build and negotiate your case.
Winning a lawsuit depends on being able to prove a defendant was negligent by showing:
- Duty – The defendant owed you a duty of care not to cause harm.
- Breach – The defendant breached this duty by actions or failure to act.
- Cause – This breach caused the accident that injured you.
- Damages – You suffered damages as a result.
Your construction accident attorney would prove negligence by investigating the accident, gathering evidence, interviewing witnesses, examining police and medical records, and hiring experts to reconstruct the accident and show who was at fault.
Construction Accident Herniated Disc Settlement
Herniated discs injuries are common results of construction accidents. Discs are the rubbery cushions between the bones of the spine. According to the Mayo Clinic, if these are damaged by being ruptured in an accident, some of the internal nucleus of the disc pushes out through the tear and may press on a nearby nerve,. This may cause pain, numbness, or weakness in an arm or leg, and may limit the ability to work.
As for other construction accidents, a herniated disc settlement could vary depending on the factors involved — how much activities are limited and for how long, 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 that caused the accident.
Call Our Construction Accident Lawyers for Help
Fighting for a settlement after a debilitating construction accident can be overwhelming, but there is help available from the experienced construction action lawyers at Feroleto Law. Attorney John Feroleto has full knowledge of the special laws protecting construction workers and has handled many construction-site injury cases, winning millions of dollars for clients who were hurt on the job.
Our law firm can investigate the circumstances of the accident, advise you whether certain laws providing worker protection may apply in your case, and determine whether your injuries fall under New York workers’ compensation, a personal injury lawsuit, or both, and use the law to get you the payments you deserve.
We offer a free, confidential consultation to discuss the individual circumstances of your case. Employers and insurance companies have attorneys fighting to minimize your settlement — you should have your own independent, proven construction site lawyer on your side. John Feroleto will have your back.
Don’t delay – in construction cases it’s particularly important to secure and preserve the evidence before the job site changes.
If you have been hurt in a construction-site accident in Buffalo, Rochester or Syracuse or other counties in New York State, call our work injury lawyer at 716-427-0242 to get started while evidence is fresh and witnesses can be found.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]