Lost Wages After a Construction Accident

When a construction accident takes you off the job, the financial consequences hit fast. Rent does not pause. Car payments do not stop. Your family still needs groceries. Yet you are lying in a hospital bed or recovering at home, unable to work and the paychecks have stopped coming in.

Lost wages are one of the most immediate and devastating consequences of a construction accident, and they are also one of the most recoverable forms of compensation under New York law.

What Are Lost Wages in a Construction Accident Case?

Lost wages refer to the income you were unable to earn because of injuries sustained in a construction accident. This includes your regular hourly pay or salary, but it can extend well beyond that. Overtime pay you regularly earned, bonuses, commissions, tips, and other forms of compensation may all factor into your lost wage claim.

Hill & Moin LLP helps injured construction workers in New York City build thorough, well-documented lost wage claims that reflect the true financial impact of their injuries.

Two Ways to Recover Lost Wages After a Construction Accident

In New York, injured construction workers typically have two paths to recover lost wages: through a workers’ compensation claim and through a personal injury lawsuit against a negligent third party. These two routes can, and often should, be pursued simultaneously.

Recovery Path	What It Covers	Limitation
Workers’ Compensation	2/3 of your average weekly wage, up to a set cap	No pain and suffering; capped benefit amounts
Personal Injury Lawsuit	Full lost wages, including overtime and future earning capacity	Must prove third-party negligence

Workers’ compensation is a no-fault system, meaning you do not need to prove anyone was negligent to receive benefits. However, those benefits are limited. A personal injury lawsuit, on the other hand, allows you to pursue the full value of your lost income, including what you would have earned in the future.

You deserve a law firm that prioritizes your safety and recovery. Call Hill & Moin LLP today to understand which path, or combination of paths, is right for your situation.

What Is Lost Earning Capacity, and Why Does It Matter?

Lost wages cover the income you have already missed. Lost earning capacity looks forward, it addresses your reduced ability to earn income in the future because of permanent injuries or disabilities caused by the accident.

If you were a skilled ironworker, electrician, or carpenter earning strong wages before a fall from scaffolding left you unable to perform physical labor, the financial impact extends far beyond your immediate recovery period. Lost earning capacity accounts for:

• Your age and expected years of remaining employment
• Your pre-accident earnings history and trajectory
• The nature and permanence of your injuries
• Your ability to retrain for or perform other types of work
• Expert testimony from vocational and economic specialists

In serious construction accident cases, lost earning capacity can represent the largest single component of a damages award. It is essential that this claim be calculated carefully and supported by credible expert evidence.

How Lost Wages Are Documented and Proven

Insurance companies and defense attorneys will scrutinize your lost wage claim closely. Strong documentation makes all the difference.

Evidence used to support a lost wage claim typically includes:

• Pay stubs and tax returns from the prior two to three years
• A letter from your employer confirming your position, hourly rate or salary, and time missed
• Documentation of overtime you regularly worked
• Medical records establishing the connection between your injuries and your inability to work
• A doctor’s note or report specifying work restrictions or total disability
• Expert vocational and economic analysis for future earning capacity claims

Self-employed construction workers and independent contractors face additional challenges, since their income documentation may be less straightforward. An attorney with experience in construction accident cases will know how to build a compelling claim even without traditional W-2 records.

Don’t wait, your future starts with one phone call. The attorneys at Hill & Moin LLP know how to gather and present the evidence that supports a strong lost wage recovery.

What If You Were Injured and Cannot Return to Your Trade?

This is one of the most painful realities of serious construction accidents. A worker who spent decades developing a skilled trade, operating heavy machinery, doing precision electrical work, or performing structural ironwork, may find that their injuries make it physically impossible to continue in that field.

In these situations, lost earning capacity becomes a central issue. Your attorney may bring in vocational rehabilitation experts to evaluate what work, if any, you are capable of performing, and economic experts to calculate the lifetime earnings difference between your pre-accident career and your post-injury prospects.

New York courts take these claims seriously, and juries are often moved by the human reality of a skilled worker whose livelihood has been permanently altered through no fault of their own.

Common Mistakes That Can Reduce Your Lost Wage Claim

• Returning to work too soon under pressure from an employer or insurer, before your doctor has cleared you
• Failing to keep detailed records of every day of work missed
• Accepting an early settlement offer before the full scope of your injuries and lost income is known
• Not reporting cash income or self-employment earnings consistently on prior tax returns
• Giving recorded statements to insurance adjusters without legal counsel

Each of these missteps can be used against you to minimize what you are owed. Protecting your claim starts from the moment after your accident.

Frequently Asked Questions About Lost Wages After a Construction Accident

Can I claim lost wages if I was paid in cash? Yes, though it is more complex. Prior tax returns, bank deposits, client contracts, and sworn testimony can all be used to establish your pre-accident earnings. An attorney can help you build this case.

What if my employer says I can do light duty? If your doctor agrees that you are medically capable of light duty work, your lost wage claim may be reduced accordingly. However, if the light duty offer is not genuine or does not accommodate your actual restrictions, you may still have a strong claim. Always consult your attorney before accepting or declining a light duty assignment.

How does workers’ compensation affect my personal injury lawsuit? If you receive workers’ compensation benefits and later win a personal injury lawsuit, the workers’ comp insurer will typically have a lien against your recovery for the benefits already paid. Your attorney will negotiate this lien as part of your settlement or award to ensure you keep the maximum possible amount.

Does overtime count toward lost wages? Yes. If overtime was a regular and documented part of your earnings, it must be factored into your lost wage claim. Courts and insurers cannot simply ignore income you reliably earned.

When your health, livelihood, or family’s future is on the line, every decision matters. Call Hill & Moin LLP today and take the first step toward recovering the wages, and the future, that were taken from you.