The impact of a construction accident extends far beyond the physical injury, reaching into the heart of your home and disrupting your family’s financial stability. The steady rhythm of life, once supported by your hard work, is suddenly thrown into chaos. Conversations shift from everyday plans to the growing pile of medical bills and the stressful uncertainty of a lost paycheck. This abrupt financial crisis can feel just as debilitating as the injury itself. In New York, injured workers are not left without options. Securing your future requires understanding all available avenues for recovering lost wages after a construction injury.
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Understanding Workers’ Comp Lost Wages in NY
After a construction site injury, your first source of benefits is typically New York’s workers’ compensation system. This is a no-fault insurance program that most employers are required to carry. It is designed to provide injured employees with medical treatment and partial wage replacement benefits, regardless of who was at fault for the accident.
The primary benefits related to your income are known as indemnity benefits. These benefits aim to compensate for a portion of the wages you lose while you are unable to work. Our firm does not handle workers’ compensation claims directly. Still, we believe it is vital for injured construction workers to understand how this system works, as it is often the starting point for financial recovery. The process for workers’ comp lost wages in NY is governed by specific state laws and calculations.
How Much Does Workers’ Comp Pay for Lost Wages?
A common question injured workers have is how much workers’ comp pays for lost wages. New York law provides a specific formula to calculate these benefits. The calculation considers your average earnings before the accident and the extent of your disability.
The state uses the following formula to determine the basis for your weekly benefit:
(2/3) x (your average weekly wage) x (% of disability) = weekly benefit
Your average weekly wage is based on your earnings for the 52 weeks before the accident. The percentage of disability is determined by a medical professional who assesses your ability to work. For example, if a doctor determines you are 100% temporarily disabled, you would receive two-thirds of your average weekly wage, up to the legal maximum.
It is important to note that New York sets a maximum weekly benefit amount, which was $1,222.42 per week as of July 2025. The state Workers’ Compensation Board updates this limit periodically.
Understanding these calculations helps you anticipate the income you can expect from workers’ compensation while you recover.
What Is Construction Accident Wage Replacement Beyond Workers’ Comp?
Workers’ compensation benefits are a critical lifeline, but they rarely cover the full extent of a worker’s financial losses. Because benefits are capped at two-thirds of your average weekly wage, you still face a significant income deficit.
This is where a third-party personal injury lawsuit becomes essential for genuine construction accident wage replacement. While you typically cannot sue your direct employer if they have workers’ compensation coverage, you may be able to file a lawsuit against another negligent party who contributed to your accident. These third parties can include:
- General contractors,
- Subcontractors from other companies,
- Property owners,
- Architects or engineers, and
- Manufacturers of defective equipment.
A third-party lawsuit allows you to seek compensation for 100% of your lost income, both past and future. Unlike workers’ compensation, a lawsuit can also demand damages for pain and suffering.
The Process of Recovering Lost Wages After a Construction Injury
Successfully recovering lost wages after a construction injury through a third-party lawsuit requires a thorough and strategic approach. The goal is to build a compelling case that proves another party’s negligence caused your accident and to meticulously document the full scope of your financial damages. The legal process generally involves these key steps:
- Thorough investigation. We will investigate the circumstances of your accident to identify all potentially liable third parties. This includes reviewing contracts, safety protocols, and witness statements.
- Evidence collection. Our attorneys will gather all necessary evidence to support your claim for lost wages. This documentation is critical for proving your losses.
- Damage calculation. We work to calculate the total value of your lost income, which includes not only your past lost wages but also your diminished future earning capacity.
To build a strong claim, we collect various forms of proof. We will need documents that establish your earnings and the opportunities you have lost. These documents may include:
- Pay stubs and income tax returns from previous years,
- Statements from your employer verifying your rate of pay and lost time,
- Records of lost promotions or raises,
- Documentation of lost benefits like health insurance and pension contributions, and
- Testimony from vocational and economic experts to project future lost earnings.
Pursuing a claim requires acting within the state’s statute of limitations, which generally gives you three years from the date of the injury to file a lawsuit. However, if your claim involves a municipal entity (e.g., the City of New York or the MTA), you may face much shorter deadlines, often as little as 90 days. That’s why it’s critical not to delay taking action.
Greenspan & Greenspan: Decades of Dedication to Injured New Yorkers
For over 65 years, Greenspan & Greenspan Injury Lawyers has stood beside injured workers and their families. Our history is built on fighting for clients who have been harmed by the negligence of others on construction sites. We understand that a lawsuit is about more than just money; it is about holding responsible parties accountable and securing the resources you need to rebuild your life.
Our bilingual staff is ready to assist Spanish-speaking clients, making sure that language is never a barrier to justice. We handle every aspect of your third-party claim so you can focus entirely on your physical and emotional recovery.
Take the Next Step to Protect Your Future Today
If you have been injured in a construction accident, you do not have to navigate the complex legal system by yourself. Learning about your rights is the first step toward regaining control of your life and your finances. Contact us today to discuss your situation and discover how we can fight for the full and fair compensation you deserve.
