If you’ve been injured on a construction site in Scranton or Wilkes-Barre, PA, you may be entitled to compensation for your injuries through a construction accident settlement. However, the amount of your settlement can vary significantly depending on several factors. Understanding what impacts your settlement can help you navigate the legal process and ensure you receive the compensation you deserve. If you need help securing a fair settlement, working with experienced workers’ comp lawyers can make all the difference.
1. Severity of Injuries
The extent of your injuries is one of the most significant factors influencing your settlement. Severe injuries, such as broken bones, traumatic brain injuries, or spinal cord damage, generally result in higher compensation amounts due to the long-term impact on your health, ability to work, and overall quality of life. In contrast, less severe injuries may lead to smaller settlements, but still warrant compensation for medical bills and lost wages.
2. Medical Costs and Treatment Needs
Your medical expenses, both current and future, play a major role in determining the value of your construction accident settlement. The more extensive and ongoing your treatment, the higher the potential settlement. In cases where future medical care is necessary—such as surgery, physical therapy, or long-term rehabilitation—these costs will be factored into the settlement amount. Workers’ comp lawyers can help ensure that all future medical needs are adequately accounted for in your settlement.
3. Lost Wages and Earning Capacity
Injuries from construction accidents often prevent workers from returning to their jobs right away, or in some cases, at all. If your injury affects your ability to work temporarily or permanently, you may be entitled to compensation for lost wages. If your earning capacity is diminished, the settlement could include compensation for the wages you would have earned over your lifetime. A skilled workers’ comp lawyer will fight to ensure that your lost wages and diminished earning capacity are included in your settlement.
4. Liability and Negligence
The circumstances surrounding the accident play a critical role in determining who is responsible for your injuries. If another party—such as a subcontractor, manufacturer of faulty equipment, or property owner—was negligent or at fault for the accident, it could affect your settlement. Workers’ comp lawyers can help establish liability and pursue legal action against any responsible parties, increasing the potential value of your settlement.
5. Employer’s Workers’ Compensation Insurance
In Pennsylvania, most employers are required to carry workers’ compensation insurance to cover employee injuries. If you are injured on the job, you will likely file a claim with your employer’s insurance provider. However, not all insurance companies are quick to approve claims or offer fair compensation. A workers’ comp lawyer can advocate on your behalf to ensure that you are offered a fair settlement, and can challenge any attempts by your employer’s insurance to undervalue your claim.
6. Pre-Existing Conditions
If you have a pre-existing condition that was worsened by the accident, it can complicate your settlement. Insurance companies may argue that your injuries were caused by pre-existing conditions rather than the construction accident itself. However, a workers’ comp lawyer will work to ensure that you receive compensation for the aggravation or exacerbation of your pre-existing condition, which is a valid part of your claim.
7. Time of Recovery and Long-Term Effects
How long it takes for you to recover from your injury, or if you suffer permanent disability, will also impact your settlement. Injuries that lead to long-term or permanent disabilities will often result in higher settlements because of the long-term effects on your life and career. A lawyer can help evaluate your injury and forecast the impact on your life, ensuring these long-term effects are taken into account when determining the value of your settlement.
8. Legal Representation
The quality of legal representation can significantly impact the amount of your construction accident settlement. Experienced workers’ comp lawyers know how to navigate the complex workers’ compensation system and are skilled at negotiating with insurance companies and employers to secure the best possible outcome. Having a knowledgeable lawyer on your side increases your chances of a favorable settlement.
A construction accident can have a lasting impact on your life, and securing a fair settlement is crucial to your recovery and future. The factors outlined above all play a role in determining the value of your settlement, and working with an experienced workers’ comp lawyer in Scranton or Wilkes-Barre, PA can ensure that your case is handled professionally and effectively. Pisanchyn Law Firm has a proven track record of helping clients in construction accident cases, and we are here to support you every step of the way.
If you or a loved one has been injured in a construction accident, contact Pisanchyn Law Firm today for a consultation with one of our experienced workers’ comp lawyers. We are dedicated to securing the compensation you deserve and protecting your rights throughout the legal process.
