Search Site

Recoverable Damages in a Construction Injury Lawsuit

Construction site accidents are, unfortunately, a frequent occurrence. Given the high-risk nature of construction work, injuries can leave workers and their families grappling with losses. In such trying times, you need assurance that your interests will be safeguarded, your rights upheld, and your future secured.

If you’re considering filing a construction injury lawsuit, it’s important to understand what compensation is available to you. Here are the damages from a construction injury you may be entitled to, depending on the circumstances surrounding your case.

Medical Bills

Recovering from a construction injury can lead to extensive medical bills ranging from immediate diagnostic testing and emergency treatments to long-term physical therapy. It’s imperative to grasp the full scope of your current and future medical expenses before accepting a settlement offer. A dedicated construction injury attorney can guide you through this.

construction site at sunset in evening timeOther Out-of-Pocket Expenses

The costs of recovering from a construction injury aren’t limited to medical bills. You may seek damages for any expenses related to your injury, including:

  • Medications and prescriptions
  • Necessary medical supplies
  • Transportation to and from medical appointments
  • Modifications needed for homes and vehicles

Lost Wages and Benefits

When an injury keeps you away from work, you can’t earn money to support your family. But the loss isn’t just about today’s paycheck—it’s also about losing healthcare benefits, paid time off, retirement contributions, and other perks. And for families of workers who have passed away, claiming these lost benefits becomes crucial.

Lost Earning Capacity

Some construction injuries permanently prevent injured workers from returning to their previous jobs or force them into lower-paying roles. This category compensates you for your loss of earning potential. Similarly, families who have lost their primary earners in fatal accidents should be aware of the right to claim these damages.

Noneconomic Damages

The examples outlined above are relatively easy to prove with receipts and cost analyses. But you may also be entitled to compensation for the emotional and psychological toll of a construction injury. Compensation for pain, suffering, and even post-traumatic stress is available, ensuring your invisible scars are also addressed.

Workers’ Compensation vs. Personal Injury Lawsuits

While filing a workers’ compensation claim is a common recourse after a construction injury, it has limited benefits. For instance, you can’t claim noneconomic damages like pain and suffering, and you might only receive two-thirds of your lost wages. However, the advantage is you don’t have to prove fault.

In comparison, filing a lawsuit allows you to claim full lost wages and noneconomic damages. However, proving negligence is required, which brings us to the invaluable role of an experienced construction injury lawyer.

Choose Gelman Gelman Wiskow & McCarthy, LLC

With over 70 years of unparalleled legal experience, Gelman Gelman Wiskow & McCarthy, LLC stands ready to represent your case. Our record speaks for itself, with numerous million-dollar verdicts and settlements under our belt. You’ve been through enough; let our team carry the weight of the legal process for you. Contact us today at 862-263-0770 for a complimentary, one-hour consultation at any of our five New Jersey locations.

  • In 2022, a year in which New Jersey courts were basically closed for trials, our firm still settled almost 100 cases for in excess of 8 million dollars.
  • Discuss the firm's 2022 settlements.
  • Results may vary depending on your particular facts and legal circumstances.
Our Offices
  • Elmwood Park Office
    One Broadway
    Elmwood Park, New Jersey 07470
    Phone: 862-263-0770
    Fax: 973-813-3360
  • Hackensack Office
    401 Hackensack Ave
    Suite 706
    Hackensack, New Jersey 07601
    Phone: 201-488-3366
  • Morristown Office
    19 Cattano Ave.
    Morristown, New Jersey 07960
    Phone: 973-922-3900
  • Roseland Office
    425 Eagle Rock Ave
    Suite 100
    Roseland, New Jersey 07068
    Phone: 973-274-5200
  • Bridgewater Office
    440 Route 22 E
    Suite 170
    Bridgewater, New Jersey 08807
    Phone: 908-927-0200