If you or someone in your family has suffered a severe injury while on a worksite, you may wonder how much do construction accident lawsuit settlements pay out? This is a good question, but unfortunately, there’s no simple, black-and-white answer to it.
The payout you receive depends on the case and situation. The more serious your injury is and the more impact it has, the more your case will be worth. This also results in a higher settlement value.
If you are in a situation where you have been injured on a construction site and need to file a claim, our legal team is here to help. We can provide assistance when it comes to recovering Buffalo construction accident settlements.
Our team has 40 years of experience representing injured workers and wants to ensure you have the compensation necessary to fully recover. As your dedicated work injury lawyer in Buffalo, we understand that these situations can be stressful and overwhelming. We are here to help with each step of the process. Our team will fight for you and your rights to ensure you get the benefits or compensation deserved. The first step is to get in touch by contacting our legal team at (716) 854-0700.
Types of Claims You Can File After a Construction-Site Accident
There are different types of claims that you may be able to file after a construction accident. It all depends on the circumstances and your situation. The potential types of claims you can file include:
It’s possible to collect workers’ compensation benefits if you are injured while on the job on a construction site. It is necessary to seek medical treatment from an approved doctor and report the incident to your employer to be eligible for these benefits.
Defective Equipment or Machinery
When machinery, vehicles, or heavy equipment are defective, they can malfunction or otherwise cause injuries. In these situations, there are several parties that may be held liable — for example, the manufacturer, the person in charge of maintenance, a negligent or reckless operator, or a third party.
Ladder or Scaffolding Injury
If you fell off of or from a ladder or scaffold or an elevation related injury, such as tools, equipment or materials falling from above and experienced an injury, it may be necessary to file a different type of legal claim under New York State Labor Law section 240, or the safety regulations under Labor Labor section 241(6), also called the Industrial Code. Our legal team can help you understand what options you have.
Unsafe Work Site
The government codes in New York include OSHA, but also the Industrial Code which outlines specific minimum safety requirements for construction projects. If these are not followed, you may be able to file a lawsuit if an injury occurs. In such cases, consulting with a brain injury attorney in Buffalo, NY, can provide the necessary legal guidance to navigate these complex regulations.
Highway Work Zone Accidents
As with ladders and scaffolding accidents, there are unique standards for injuries that occur in these locations. If a negligent driver causes your injuries, then it may be possible to file a legal action against the driver.
Third-Party Injury Claims
Because of the workers’ compensation laws in place, employers usually cannot be sued for injuries that occur to their own employees on a worksite. The caim with an employer is limited to workers compensation payments. However, these benefits will not provide compensation for pain and suffering. If your injuries are caused by another person’s negligence, such as a third-party contractor or subcontractor, you may be able to file a legal claim against them.
The Settlement Value is Based on the Factors in Your Case
The value of your settlement is based on your situation and the circumstances surrounding your jobsite injury This is something that is unique for each client.
The value of your claim will be determined by several factors, which include:
- Past medical costs: This includes the total cost of your medical treatment, medications, rehabilitation, and other bills.
- Projected future medical costs: Factors like your condition, injury severity, and how long it will take you to recover are considered to determine your future medical costs.
- Property damage: This is a factor that is most commonly used for motor vehicle accidents. Any personal property that was damaged in the accident will be added to your settlement amount.
- Past lost income: The pay that you lost because you missed time at work because of your injury. If you used some of your paid time off, these days are also considered.
- Future lost income: This amount is based on your condition, projected recovery, and how long this is going to take. Our team will figure out how much pay you may lose in the coming weeks or months while you recover.
- Aggravating Factors. If you or a loved one was required to work and especially dangerous conditions, it may anger the jury causing the jurors to return and especially large verdict.
These factors will determine how much you receive in your settlement. Keep in mind that because some factors are subjective, the amount can vary greatly. Our legal team can review your situation and case to help you better understand what your injuries and case may be worth.
Construction Accident Herniated Disc Settlement
One of the most common injuries that occur on construction sites is herniated discs. This happens if the discs between the bones in your spine are damaged. When this happens, nearby nerves can be affected, too. The disc has a softer center and is surrounded by a rubber-like, tough exterior. The disc can herniate, rupture, or slip, causing a painful injury.
The settlement you receive for a herniated disc varies, based on how much the injury impacts your ability to work and how long the limitations last. Other factors that play into the settlement amount include your current and future medical costs, lost wages, and the strength of your case.
Our Legal Team Can Help with Your Construction Site Accident and Injuries
If you are injured on a construction site, you have legal options. We recommend getting in touch with our legal team by calling (716) 854-0700. We can review the facts of your case and determine what type of lawsuit you can file to recover damages for your injuries and losses. We are here to help ensure you get the compensation deserved so you can make a full recovery.
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 ]