Construction accidents can have devastating effects, not only on a worker’s physical health but also on their emotional and psychological well-being. Many victims experience ongoing pain, emotional trauma, and a diminished quality of life. While economic damages such as medical bills and lost wages are relatively straightforward to calculate, non-economic damages—like pain and suffering, emotional distress, and loss of enjoyment of life—are more subjective.
In Pennsylvania, injured construction workers may be eligible to claim non-economic damages through a personal injury lawsuit if a third party, such as a negligent contractor, manufacturer, or employer, is responsible for their injury. Understanding the full scope of non-economic damages, how they are calculated, and what legal steps to take can help victims maximize their compensation.
This guide provides a detailed breakdown of non-economic damages in Pennsylvania construction accident claims and explains how injured workers can seek fair compensation for their suffering.
What Are Non-Economic Damages in Pennsylvania?
Non-economic damages are awarded to compensate for the intangible losses that result from an injury. These damages differ from economic damages, which cover tangible financial losses such as medical expenses and lost wages.
Economic damages are easy to calculate because they have a direct cost associated with them. For example, if an injured worker incurs $50,000 in medical bills and loses $20,000 in wages, their economic damages would be $70,000.
Non-economic damages, on the other hand, address the personal impact of an injury. They compensate for physical pain, mental suffering, and the loss of enjoyment of life caused by the accident. These damages can be significant, as they attempt to put a dollar amount on subjective hardships.
Types of Non-Economic Damages in Construction Accident Cases
1. Pain and Suffering
Pain and suffering refer to the physical and emotional discomfort a victim experiences due to their injury. These damages compensate for chronic pain, discomfort, and any long-term physical limitations caused by the accident. Courts consider factors such as:
- The severity of the pain and whether it is temporary or permanent
- How the pain impacts the victim’s ability to work and perform daily activities
- The need for ongoing medical treatment or rehabilitation
For instance, if a construction worker suffers a spinal injury that results in chronic pain and mobility issues, they may receive substantial compensation for their suffering.
2. Emotional Distress and PTSD
Construction accidents can be traumatic, leading to severe emotional distress. Some victims develop post-traumatic stress disorder (PTSD), anxiety, or depression as a result of their injuries. Emotional distress damages compensate for:
- Anxiety, panic attacks, or depression caused by the accident
- Nightmares and flashbacks related to the traumatic event
- Fear or phobia of returning to work or similar environments
Workers who have been involved in accidents such as falls from scaffolding, heavy machinery accidents, or electrical shocks may experience long-term psychological effects.
3. Loss of Enjoyment of Life
Injuries can prevent workers from engaging in activities they once loved. Whether it’s a hobby, recreational sport, or simple daily tasks, an injured worker may no longer be able to participate in their favorite pastimes. Compensation for loss of enjoyment of life is awarded when an injury significantly reduces a person’s ability to lead a fulfilling life.
4. Loss of Consortium
Loss of consortium refers to the damage an injury causes to a victim’s relationships, particularly with their spouse or family. If an injured worker can no longer provide emotional support, companionship, or intimacy due to their condition, their spouse may have grounds to seek compensation.
How Pennsylvania Law Calculates Non-Economic Damages
Since non-economic damages are subjective, they do not have a fixed dollar amount. Courts and insurance companies use various methods to estimate fair compensation.
Multiplier Method
One of the most common approaches is the multiplier method, which involves multiplying the victim’s economic damages by a factor ranging from 1.5 to 5. The severity of the injury determines the multiplier.
For example, if an injured worker has $100,000 in medical bills and lost wages, and the court assigns a multiplier of 3 for severe pain and suffering, their total non-economic damages would be $300,000.
Per Diem Method
Another method is the per diem (daily rate) method, which assigns a daily value to the victim’s suffering and multiplies it by the number of days they are expected to endure the hardship.
For example, if the court assigns $200 per day and the victim suffers for 500 days, their total non-economic damages would be $100,000.
Factors That Affect Non-Economic Damage Awards
- The severity and permanence of the injury
- How the injury impacts daily life, work, and social interactions
- Medical and psychological documentation proving the level of pain and suffering
- Statements from family members, co-workers, or expert witnesses
Workers’ Compensation vs. Personal Injury Lawsuits
One of the biggest misconceptions is that workers’ compensation covers pain and suffering. Workers' compensation only provides benefits for medical expenses and lost wages, but it does not compensate for emotional trauma, PTSD, or other non-economic damages.
When Can You Sue for Non-Economic Damages?
An injured construction worker may file a personal injury lawsuit against a third party responsible for their accident. Common scenarios where a lawsuit may be filed include:
- A contractor, subcontractor, or equipment manufacturer’s negligence caused the accident
- The employer violated safety regulations
- The injury was the result of recklessness or gross negligence
Proving Non-Economic Damages in a Construction Injury Case
Since non-economic damages are subjective, proving them requires strong evidence. Key pieces of evidence include:
- Medical and Psychological Reports – Documentation from doctors and therapists detailing the injury’s impact on the victim’s life.
- Expert Testimonies – Testimonies from medical professionals and vocational experts that explain how the injury affects the victim’s future.
- Personal Journals – A diary tracking pain levels, emotional struggles, and daily limitations.
- Witness Statements – Family, friends, and co-workers who can describe the changes in the victim’s personality and lifestyle.
Caps on Non-Economic Damages in Pennsylvania
Unlike some states, Pennsylvania does not impose a cap on non-economic damages in personal injury cases. However, if the lawsuit is against a state or government agency, non-economic damages are capped at $250,000.
Maximizing Your Compensation for Pain and Suffering
To ensure you receive fair compensation, consider the following steps:
- Hire a Construction Accident Lawyer – An experienced attorney can fight for your right to maximum compensation.
- Gather Strong Evidence – Medical records, expert testimony, and witness statements can strengthen your case.
- Be Patient and Don’t Settle Too Quickly – Insurance companies may offer low initial settlements to avoid larger payouts.
- Use Expert Witnesses – Medical professionals, financial analysts, and workplace safety experts can prove the full impact of your injuries.
Frequently Asked Questions (FAQs) About Non-Economic Damages in Pennsylvania Construction Accident Claims
What are non-economic damages in a construction accident case?
Non-economic damages compensate for intangible losses suffered due to an injury. These include pain and suffering, emotional distress, PTSD, loss of enjoyment of life, and loss of consortium. Unlike economic damages, which cover medical bills and lost wages, non-economic damages focus on the emotional and psychological toll of an accident.
How do Pennsylvania courts calculate pain and suffering damages?
Pennsylvania courts use different methods to calculate pain and suffering damages. The most common approaches are the multiplier method, where economic damages are multiplied by a number (typically 1.5 to 5), and the per diem method, which assigns a daily rate for pain and suffering until the victim recovers. The severity of the injury, the impact on daily life, and medical evidence all influence the final amount awarded.
Can I sue for emotional distress after a construction accident in Pennsylvania?
Yes, you can sue for emotional distress if your construction accident resulted in significant psychological harm such as anxiety, depression, or PTSD. You will need to provide medical records from a psychologist or psychiatrist proving that your distress is directly related to the accident.
Is PTSD covered in a construction injury lawsuit?
Yes, PTSD is considered a form of emotional distress and can be included in a personal injury lawsuit. Courts recognize PTSD as a serious psychological condition that can result from traumatic accidents, including falls, machinery accidents, and workplace hazards.
What’s the average settlement for non-economic damages in Pennsylvania construction accident claims?
Settlement amounts vary widely depending on the severity of the injury, the impact on the victim’s life, and the strength of the evidence presented. Cases involving permanent disabilities or severe emotional distress can result in six- or seven-figure settlements, while less severe cases may result in lower compensation.
Contact Fulginiti Law Today
Non-economic damages provide vital financial relief for the pain, emotional distress, and trauma caused by a construction accident. If you’ve suffered due to pain, PTSD, or emotional distress, you deserve compensation.
An experienced Pennsylvania construction accident lawyer can help evaluate your case, gather evidence, and negotiate a fair settlement. If you or a loved one has been injured on a construction site, don’t wait—contact Fulginiti Law today for a free consultation and protect your rights.
