Construction Third-Party Claim Calculator
Construction accident third-party claims allow recovery beyond workers comp from non-employer defendants (subcontractors, manufacturers, property owners).
| Medical specials (current + future) | — |
| Lost wages (current + future) | — |
| Pain and suffering (multiplier × specials) | — |
| Gross damages | — |
| Comparative negligence reduction | — |
| Settlement after fault | — |
| Attorney fee | — |
| Plaintiff net recovery | — |
Workers compensation is the exclusive remedy against employer, but injured workers can sue third parties (general contractor, subcontractors, equipment manufacturers, property owners) for fault. Often produces larger total recovery.
Components of Damages
Economic damages: medical bills (current + future), lost wages (current + future earning capacity), property damage, out-of-pocket expenses. Non-economic damages: pain and suffering, emotional distress, loss of consortium, disfigurement. Punitive damages rare and capped in most states.
Pain & Suffering Multiplier
Typical multipliers: minor injuries 1.5-2× specials, moderate 2-3×, severe/permanent 3-5×, catastrophic 5-10×. For construction accident third-party claim, typical range is 3-7× medical specials. Multiplier increases with permanence, visible scarring, life disruption.
Comparative Negligence
Pure comparative (CA, NY, FL, AK, AZ, KY, LA, MS, MO, NM, RI, SD, WA): recover reduced by your % fault. Modified comparative 50% bar (most states): no recovery if 50%+ at fault. 4 states still pure contributory: zero recovery if 1%+ at fault (AL, MD, NC, VA, DC).
Attorney Fees & Costs
Personal injury attorneys typically work on contingency: 33% of settlement (pre-litigation) to 40% (post-filing), 45% (trial). Plus case costs (depositions, experts, court fees) deducted from gross. Net to client = gross − attorney fee − case costs − liens.
Last updated May 2026. Sources: OSHA Construction Standards, Cornell Workers Comp.