Types of Compensation for Non-Economic Damages in Construction Accidents

Accidents are an unfortunate reality in the construction industry. Despite stringent safety measures, they can occur and often have far-reaching consequences beyond immediate physical harm. The impacts frequently enter the non-economic realm, affecting a person's life quality in ways that a paycheck can't quantify.

This blog post uncovers the main types of compensation available for non-economic damages in construction accidents, offering essential insights for those seeking justice and restitution in the wake of such disruptive events.

Pain and Suffering

Pain and suffering encompass the physical discomfort and emotional distress you undergo as a victim following a construction accident. The anguish of dealing with serious injuries, the dread of medical procedures, or the constant fear of being unable to return to everyday life are non-tangible yet significant impacts of a construction accident.

In fact, the pain and suffering a victim experiences often exceeds the burden of their economic losses. These grievances persist long after the medical bills are paid and even after physical wounds heal. For instance, a construction worker who suffers a severe spinal injury may experience chronic pain and reduced mobility, deeply affecting their enjoyment of life and their psychological welfare.

In the legal context, compensation for pain and suffering acknowledges that victims' losses go beyond monetary expenses and lost wages. It provides some form of restitution for the emotional trauma and diminished quality of life that a victim must endure.

Consider a real-world example––a crane operator who, after a devastating accident, develops a debilitating fear of heights, rendering them unable to continue their profession or engage in activities they once loved, like mountain climbing. The victim's trauma and loss of life enjoyment are intangible consequences for which they're rightly entitled to non-economic damage compensation.

Loss of Consortium

Loss of consortium refers to the deprivation of familial relationships, love, companionship, affection, and sexual relations that a victim might suffer after a construction accident. This loss is not merely about the physical inability to be intimate with a partner. It extends to the disruption of domestic responsibilities, nurturing, and personal care that one partner provides to the other.

Compensating for loss of consortium recognizes that the victim's injuries have negatively impacted their family life and personal relationships, which, while not easily quantifiable in monetary terms, are critical to the victim's well-being and quality of life.

Consider the situation of a construction worker who becomes paralyzed due to a severe accident. The worker's spouse must now take on the added responsibilities of caring for their partner, possibly altering their employment situation or giving up hobbies or social activities to assume these new duties.

Moreover, the couple's relationship dynamics will fundamentally change, with the loss of physical intimacy and shared activities greatly diminishing their marital happiness. Here, compensation serves to recognize and address the profound personal and familial disruption caused by the accident.

Permanent Disfigurement and Scarring

Disfigurement refers to lasting physical changes that alter a victim's appearance, such as burns, amputations, or facial injuries. Scarring, on the other hand, refers to visible signs left on the skin after an injury heals.

Both disfigurement and scarring can lead to profound psychological effects, impacting a person's self-esteem, social interactions, and overall quality of life. They may cause anxiety, depression, and even social isolation as victims grapple with their altered appearance and the reactions of others.

Take the case of a construction worker who suffers third-degree burns from an electrical accident on site. These burns may require multiple surgeries, leading to extensive scarring and possibly functional impairments. The worker may have to live with the visible reminders of the accident and cope with the reactions of others, which can drastically affect their self-confidence and social life.



If you or your loved one has been in a construction accident, contact Neimark Coffinas & Lapp LLP, a leading New York personal injury law firm. With several decades of combined experience, our team of attorneys specializes in construction accident cases and can help you navigate complex legal proceedings to secure fair compensation for your injuries.