Construction workers must often put themselves in harm’s way to perform their jobs. When construction accidents happen and workers get hurt, they deserve compensation for their medical expenses, lost wages, and more.
If you or your loved one suffered injuries in a construction accident, a Cherryville personal injury attorney with Farmer & Morris Law, PLLC, can help you recover monetary awards to protect your financial future and provide for yourself and your family while you heal. Contact us today for a free consultation.
You have rights and legal options if you suffered a construction accident injury in North Carolina. You may be able to recover damages with a workers’ compensation claim or personal injury lawsuit. However, getting the money owed to you can be challenging, especially while coping with an injury.
Our construction accident attorneys serving Cherryville, NC, can put our law firm’s resources and experience to work for you. We will fight for the compensation you need and deserve while providing top-notch client service and support. While you rest and recover, our team will:
- Draft and file your workers’ comp or liability insurance claims
- Investigate your accident and establish your right to a fair settlement
- Collect evidence to support your case
- Identify and calculate your damages
- Handle phone calls, texts, emails, and meetings
- Provide you with timely and frequent updates and access to our 24/7 helpline
- Prepare a lawsuit and represent you at trial if necessary
Depending on the circumstances of your case, you may have two options for recovering compensation after a construction accident in Cherryville, NC.
According to the North Carolina Workers’ Compensation Act, businesses with three or more employees must have workers’ compensation insurance. While there are some exceptions, this means that most Cherryville employees have coverage. Therefore, if you suffered a construction accident injury on the job, you can seek benefits via your employer’s policy.
Workers’ compensation is a type of no-fault insurance, meaning you do not have to prove another party is liable for your injury. You need only show that your accident occurred while working. In general, workers’ compensation provides the following:
- Medical benefits. Workers’ comp should pay for medical treatment resulting from your construction accident, including emergency transportation, emergency services, hospitalizations, surgeries, rehabilitation, nursing, and attendant care.
- Disability benefits. If your injury limits your work capabilities, you can recover up to two-thirds of your pre-injury weekly wages (not to exceed the North Carolina Industrial Commission maximum weekly benefit for 2023 of $1,254). Exactly how much you can collect in disability benefits (and for how long) will depend on several factors, including the severity of your injury, whether you can perform any type of work while you recover, and when you can return to the workforce.
- Vocational rehabilitation. If your injury prevents you from ever returning to your previous line of work, you can seek compensation to pay for vocational rehabilitation to learn new employment skills.
- Death benefits. If your loved one suffered a fatal construction accident injury, workers’ compensation will pay wage benefits to their dependents for up to 500 weeks. You can also recover up to $10,000 in funeral and burial expenses.
Third-Party or Nonsubscriber Claims or Lawsuits
You usually cannot sue your employer if they offer workers’ compensation insurance. You can file a liability claim or personal injury lawsuit against nonsubscriber employers or a negligent third party, such as a property owner, subcontractor, or equipment manufacturer. But, unlike with workers’ compensation, you will need to prove their negligent actions caused your construction accident and resulting injury.
A third-party injury case may allow you to recover damages not available through workers’ compensation insurance. Personal injury compensation may include the following:
- Medical expenses not covered by workers’ comp
- The total value of your lost wages
- Future lost wages and lost earning capacity
- Personal property damages
- Household services
- Physical pain and suffering
- Scarring, disfigurement, or loss of a limb or bodily function
- Mental anguish
- Emotional distress
- Loss of enjoyment
- Diminished quality of life
- Economic and non-economic wrongful death damages
You should notify your employer and file a workers’ compensation claim immediately following your construction accident injury. According to the Workers’ Compensation Act, you may lose your right to receive benefits if you do not pursue your claim within two years of your accident.
N.C. Gen. Stat. §1-52 allows three years to file a personal injury lawsuit in civil court. You have two years to file a wrongful death action under N.C. Gen. Stat. § 1-53. Contact Farmer & Morris Law, PLLC, to get started on your case before time runs out.
Common Causes of Construction Accidents in North Carolina
According to the North Carolina Department of Labor, construction had the most work-related fatalities of any industry statewide in 2022, with 21 job-related deaths. The Occupational Safety and Health Administration (OSHA) reports that the top four causes of fatal construction accident injuries are:
- Falls. Construction workers often must do their jobs from heights. Guardrails, fall arrest equipment, and the safe use of ladders and scaffolding can protect against fall injuries.
- Struck-by/against accidents. This type of accident occurs when an object or equipment hits a worker. Workplace motor vehicle accidents fall into this category.
- Caught-in/between accidents. This type of incident is common on construction sites where there are trenches or excavations.
- Electrocutions. Those who work with electricity can prevent injuries by using grounded or insulated tools, being alert to electrical hazards, and being mindful of power lines.
A Cherryville construction accident lawyer with Farmer & Morris Law, PLLC, can help you pursue financial awards with a workers’ compensation insurance claim or personal injury lawsuit. Contact us today for a free initial consultation and learn more about the legal process and how we can take your case for nothing upfront or out of pocket. We only get paid when you do.