What Financial Help Can You Receive for Construction Accidents?
Third party construction accident lawsuits seek compensation from a party other than your employer. In the construction industry, this would typically be the general contractor or building owner in a gravity-related construction accident. By comparison, workers compensation comes from your direct employer. All employers must carry workers compensation insurance. Under workers compensation law, you relinquish your right to sue your employer.
Why Are Third Party Construction Accident Lawsuits Often Necessary?
New York workers compensation pays a maximum of $934.11 per week for injuries that result from accidents on the dates between July 1, 2019 and June 30, 2020. How much benefit you receive depends on whether you are partially or completely disabled. Total disability is 100% and partial disability would be assigned a percentage.
The amount you receive is also based on your weekly wage for the previous year. The calculation is as follows:
2/3 x average weekly age x % of disability=weekly benefit
For example, if you earned $400/week and were 100% disabled, you would receive $266.67 a week. If you were 50% disabled you would receive $133.34 per week.
Workers compensation pays for necessary medical care directly related to the injury so you can recover from your disability. If you reach maximum medical improvement and are still permanently disabled and unable to work, you would need to apply for Social Security Disability benefits.
How Third Party Lawsuits Work
As you can see, with workers compensation, you do not recover all of your lost wages. Nor do you recover future lost wages if you can no longer work or other damages such as pain and suffering. When third party negligence caused your accident, you can sue for these damages and compensation for other damages. Other damages may also include future medical treatment, loss of services and loss of companionship.
If you are involved in a serious construction site accident, you should consult with a lawyer as soon as possible. The lawyer will explain your legal rights to recover compensation.