Can I get pain and suffering in my construction accident case?

As a construction employee, you are guaranteed benefits under workers’ compensation after a construction site injury. While these benefits cover lost wages, medical bills, and partial or total disability payments, they do not pay workers for their pain and suffering. In order to recover these damages, you will have to pursue a third-party claim against someone other than your employer.

Construction Injury Complications That May Qualify for Pain and Suffering

The workers’ compensation system prevents employees from suing their employers after an injury, but allows employees to file lawsuits against third parties whose actions contributed to the injury. Third parties such as the manufacturer of a defective machine part, a negligent subcontractor, or an inspector who failed to identify a serious safety hazard could be liable for all losses related to the injury—including pain and suffering.

While every injury causes some degree of pain or suffering, this category of damages is meant to compensate victims whose conditions have resulted in:

• Psychological damages. Physical injuries can result in a wide range of debilitating mental and emotional symptoms, including mood swings, depression, sleep disturbances, and post-traumatic stress disorder (PTSD).
• Uncontrollable pain. Victims may be owed additional compensation for extreme physical pain and discomfort after the injury, during recovery, and in the future. Since pain is subjective, a doctor’s testimony could demonstrate the extent of the victim’s suffering and the limitations expected in the future.
• Loss of enjoyment of life. A person may be unable to do the things they once enjoyed due to permanent consequences of the injury, such as extensive scarring, amputation of a leg or hand, sexual dysfunction, blindness, or loss of independence.

Contact Top NYC Contstruction Attorneys Today

Our construction accident attorneys can tell you who could be liable for your pain and suffering and calculate the full compensation you are owed—and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a lawyer at Hofmann & Schweitzer today, or read through our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.