What are Non-Economic Damages in a Construction Injury Case?
When a construction worker is injured on the job, they may be entitled to various types of compensation, depending on the severity of their injuries and the circumstances surrounding the accident. While economic damages—such as medical expenses, lost wages, and other out-of-pocket costs—are relatively straightforward, non-economic damages play a key role in compensating victims for the intangible and profound consequences of a construction site injury.
In New York, non-economic damages can be awarded in construction injury cases to address pain, suffering, emotional distress, and a variety of other intangible harms. Stemming from this, obtaining these damages can be challenging due to specific legal thresholds and the subjective nature of non-economic harm. A skilled NYC construction accident attorney can prove these general damages and maximize compensation for the injured workers.
An Overview of Non-Economic Damages
Non-economic damages refer to compensation for losses that do not have a clear monetary value. Unlike economic damages, which cover quantifiable financial losses such as medical bills and lost income, non-economic damages address the emotional, psychological, and physical suffering an injured person endures as a result of their accident. These damages are often harder to prove because they are subjective and vary significantly from one individual to another.
In construction injury cases, non-economic damages are crucial for recognizing the long-term emotional and physical impact of an accident. For example, a worker who suffers a permanent disability or disfigurement may experience a diminished quality of life, chronic pain, or mental health issues—all of which are compensable under non-economic damages.
Types of Non-Economic Damages in a Construction Injury Case in NY
Non-economic damages can take many forms depending on the circumstances of the injury. In a construction accident in New York, the following types of non-economic damages may be awarded:
Pain and Suffering
Pain and suffering damages are the most common type of non-economic compensation in personal injury cases. These damages aim to compensate the victim for the physical pain caused by their injuries, including both the immediate pain of the accident and any ongoing chronic pain that results from the injury. For example, a worker who suffers a spinal cord injury in a fall may experience debilitating pain for the rest of their life, warranting significant pain and suffering damages.
Emotional Distress
Construction accidents can leave victims with severe emotional trauma. Emotional distress damages compensate workers for the psychological impact of their injuries, which may include conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), or insomnia. The trauma of an accident and the subsequent physical limitations can lead to long-term emotional suffering, for which compensation may be awarded.
Disfigurement or Scarring
Disfigurement or scarring, which may occur due to burns, amputations, or other severe injuries, can have a profound psychological effect on a worker. Beyond the physical pain, victims often experience embarrassment, diminished self-esteem, and social stigma. Compensation for disfigurement aims to address both the physical and emotional toll of such injuries.
Loss of Consortium
Loss of consortium refers to the deprivation of the benefits of a family relationship due to the victim’s injury. This includes the loss of companionship, affection, sexual relations, and other relational aspects of life that have been impacted by the injury. In construction accidents, spouses and family members may pursue loss of consortium damages when the victim's ability to participate in these aspects of life is compromised.
Diminished Quality of Life
When an injury permanently impacts a worker’s ability to enjoy life in the same way they did before the accident, they may be entitled to compensation for a reduced quality of life. This includes the loss of independence, the inability to pursue hobbies or recreational activities, and the overall diminished enjoyment of day-to-day living. For example, a construction worker who loses the ability to walk due to an accident may receive damages for their significantly reduced quality of life.
Mental Anguish
Mental anguish is a form of non-economic damage that compensates victims for severe emotional suffering. Construction accidents can leave workers facing mental distress that goes beyond everyday sadness or worry. Mental anguish damages may cover the anxiety, grief, or psychological harm that results from a life-altering injury.
Embarrassment
Injuries that result in visible scars, disfigurement, or the use of assistive devices such as wheelchairs or prosthetics can lead to social embarrassment or discomfort in public settings. Compensation for embarrassment acknowledges the psychological strain of being seen differently by others after a serious injury.
Indignity
Indignity refers to the loss of dignity or self-worth that may result from injuries that leave a victim reliant on others for care. This is particularly relevant for construction workers who are accustomed to being strong and self-reliant but are left in a vulnerable position after an accident.
Inconvenience
Construction injuries often lead to inconveniences that disrupt a victim’s daily routine and activities. For instance, frequent medical appointments, physical therapy sessions, and the inability to perform basic tasks can create significant inconveniences for the injured worker and their family.
Fear or Apprehension
After a traumatic construction accident, a victim may live with ongoing fear or apprehension about their safety or future. This fear can prevent workers from returning to construction work, affect their mental well-being, and cause significant distress.
Get Our Highly Rated NYC Construction Accident Attorneys on Your Side
If you have been injured in a construction accident in New York, turn to Michael S. Lamonsoff, "The Bull," and his team at the Law Offices of Michael S. Lamonsoff. No case is too big or too small for us to handle. With several million and multi-million dollar settlements and verdicts, Mr. Lamonsoff has been chosen as a member of the prestigious Million Dollar and Multi-Million Dollar Advocates Forum.
Our law firm has been consistently recognized in “VerdictSearch’s Top New York Verdicts.” Reach out to us today and let “The Bull” use his legal firepower and resources to recover the largest possible compensation for you. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.