Average Settlement for a Construction Accident
In New York, construction accident settlements in third-party claims refer to financial compensation awarded to injured workers who file claims against parties other than their employer.
Unlike workers' compensation, which covers medical expenses and lost wages regardless of fault, third-party claims allow injured workers to seek additional damages, including pain and suffering, from negligent parties such as general contractors, subcontractors, property owners, equipment manufacturers, or maintenance providers.
These claims are typically pursued under New York Labor Laws, which provide strong legal protections for construction workers injured due to unsafe work conditions, defective equipment, or violations of safety regulations.
Factors That Influence Construction Accident Settlements
Construction accident settlements in New York can vary significantly based on numerous factors. Some of the most critical factors that influence settlement amounts include:
- Severity of Injuries – The more severe the injury, the higher the potential settlement. Catastrophic injuries such as traumatic brain injuries, death, spinal cord damage, amputations, or severe burns typically result in larger payouts due to long-term medical care and life-altering consequences.
- Medical Expenses – Compensation accounts for current and future medical costs, including surgeries, hospital stays, rehabilitation, physical therapy, and assistive devices.
- Lost Wages and Future Earning Capacity – If an injury prevents a worker from returning to their job, settlements may include compensation for lost wages and reduced earning potential.
- Pain and Suffering – Non-economic damages are awarded for physical pain, emotional distress, and diminished quality of life.
- Liability and Negligence – The degree of fault plays a role in the final settlement amount. If an employer, contractor, property owner, or third party is found grossly negligent, compensation may be higher.
- Workers’ Compensation vs. Personal Injury Lawsuit – Workers’ compensation benefits do not cover pain and suffering, while a personal injury lawsuit allows victims to pursue full damages, including punitive damages, in cases of extreme negligence.
- Insurance Policy Limits – The defendant’s insurance coverage can impact settlement amounts, as higher policy limits allow for larger payouts.
Average Settlement Amounts for Construction Accidents in New York
While every case is unique, historical settlement data and verdicts indicate that construction accident settlements in New York generally fall within the following ranges:
- Minor Injuries – Cases involving minor injuries such as fractures, sprains, or soft tissue damage typically settle between $50,000 and $150,000.
- Moderate Injuries – Injuries requiring surgery or extended recovery periods, such as herniated discs or torn ligaments, may result in settlements ranging from $150,000 to $500,000.
- Severe Injuries – Life-changing injuries such as spinal cord damage, traumatic brain injuries, or amputations frequently yield settlements from $500,000 to several million dollars.
- Wrongful Death – If a construction accident results in a fatality, families may receive settlements between $1 million and $10 million or more, covering medical costs, lost income, and emotional suffering.
How Liability Affects Settlements in New York Construction Accidents
New York has strong labor laws that protect construction workers and hold property owners, contractors, and employers accountable for workplace safety. The following statutes play a crucial role in determining liability and settlement amounts:
- Labor Law 240 (Scaffold Law) – Protects workers injured in falls from heights or objects falling onto them and holds property owners and contractors strictly liable for failing to provide proper fall protection.
- Labor Law 241(6) – Requires construction sites to comply with detailed safety regulations outlined by the New York Industrial Code.
- Labor Law 200 – Mandates that employers provide a reasonably safe workplace and can hold negligent parties accountable for unsafe working conditions.
Depending on the circumstances of the accident, multiple parties may be liable, including general contractors, subcontractors, property owners, equipment manufacturers, and third-party vendors. Identifying all responsible parties can increase the overall settlement amount.
Maximizing Settlement in a Construction Accident Case
To ensure maximum settlement, construction accident victims should take the following steps:
- Seek Immediate Medical Attention – Prompt treatment creates a medical record that links the injury to the accident.
- Report the Accident – Notify your employer or site supervisor to document the incident officially.
- Gather Evidence – Take photographs of the accident scene, obtain witness statements, and preserve relevant documents.
- Hire an Experienced Construction Accident Attorney – An attorney can investigate liability, negotiate with insurance companies, and fight for maximum compensation in settlement negotiations or at trial.
Trial Preparation from Day One Bolster Your Chances of a Higher Settlement
Trial preparation and a strong trial record gives a construction accident lawyer significant leverage in settlement negotiations. Insurance companies and defense attorneys assess risk when deciding settlement offers, and they are more likely to pay higher amounts when facing a lawyer known for taking cases to trial—and winning.
Thorough trial preparation, including evidence collection, signals to the opposing side that the lawyer is ready to take the legal battle to the court if necessary. This pressure forces insurers to offer fair compensation rather than risk a larger jury verdict.
Notably, an attorney with a history of courtroom success demonstrates credibility and deterrence, making defendants more willing to negotiate rather than face an uncertain trial outcome. By aggressively preparing each case as if it will go to trial, a construction accident lawyer ensures maximum compensation for injured workers, whether through settlement or a favorable verdict.
Get Aggressive Legal Representation from Our NYC Construction Accident Lawyer
New York Labor Laws protect injured construction workers, but insurance companies will try to minimize your injury claim. That’s where NYC construction accident attorney Michael S. Lamonsoff steps in. With a formidable record of multi-million-dollar verdicts, he prepares every case for trial, making insurers agree to fair settlements.
His battle-ready litigation strategy has won life-changing settlements for numerous injured workers. If you were injured on a construction site, it is time to put The Bull in your corner. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.