Sometimes, workers’ compensation doesn’t work as well as we’d like it to. For example, sometimes making a claim can be complex, and a claim can be denied. You won’t have to worry about these issues if you have a Forest City construction accident lawyer from our firm representing you or your loved one. Even if your claim gets denied, we can take it to court.
We’ll fight to make sure you receive all the damages you deserve. Let one of the construction accident lawyers at Farmer & Morris Law, PLLC represent you.
The Damages You May Be Owed in Your Construction Accident Case
You might choose to file a worker’s compensation claim in your situation, or you might opt for filing a personal injury lawsuit. The decision may depend on the nature of your accident and the party responsible for it. A lawyer from our firm can help you make the decision. Regardless, economic and non-economic damages may be available.
You may be able to calculate economic damages on your own. These damages can include medical bills, bills for medication, lost earnings, lost earning potential, and related costs. However, it can be challenging to calculate non-economic damages, such as pain and suffering, emotional distress, injury to reputation, and the loss of ability to function. A lawyer can help calculate such damages and others.
Additionally, there are punitive damages you may be eligible to recover. These damages can be available when an at-fault party’s actions were reckless or even intentional. Again, your lawyer can help you determine whether punitive damages would apply in your case.
The Legal Challenges with Construction Accidents
Construction accident cases can involve serious injuries since construction sites can have serious hazards. For example, work vehicles, high voltage electricity, heavy equipment, and other hazards can cause serious injuries, like significant bone fractures and head injuries. Someone affected by a head injury or another severe injury may be affected by it for the rest of their life. In such a case, it can be difficult to calculate certain damages.
On top of that, since 2008, the construction industry hasn’t been the same. The industry suffered a collapse, and as a consequence, many workers are finding it challenging to file accident claims.
Another challenge with construction accident cases can be dealing with employers. Some employers may discourage employees from filing a worker’s compensation claim. When employees file a claim, many employers already have an insurance company and a legal team backing their interests. An insurance company may take any opportunity to deny a claim or prevent a worker from filing a lawsuit.
How Our Construction Accident Lawyers Will Represent You
There’s a lot a lawyer for construction accidents from our firm can do for you. They can calculate all your damages, file your accident claim, and deal with your employer and their team. Here are some of the other things your lawyer can help with:
- Communicate with the Division of Workers’ Compensation for you
- Get the testimonies of other employees who witnessed the incident
- Check any worksite camera footage for evidence to support your case
- Ask your doctor about the nature of your injuries
- Advise you about filing a lawsuit instead
- Collect documents to support your claim or lawsuit
- Represent you in court if necessary
Your Lawyer May Be Able to Reverse a Workers’ Compensation Claim Denial
If the insurance company denies your claim, our firm may be able to dispute and reverse the decision with the North Carolina Industrial Commission. This commission administers North Carolina’s workers’ compensation act.
The Differences Between Workers’ Compensation and Personal Injury Claims
If your injury occurred in the workplace, worker’s compensation applies to you. It applies regardless of fault, so you can file a claim even if your workplace accident wasn’t necessarily another party’s fault. However, if the accident was another party’s fault, you can file a worker’s compensation claim or a personal injury claim.
Filing a personal injury claim may be your best option if you’re convinced of the other party’s fault and you want to hold them accountable for the incident. You may be able to recover more damages by filing this kind of claim instead of a worker’s compensation claim. However, you must prove the other party’s responsibility and negligence with the personal injury claim.
One of our construction accident attorneys can help you decide which claim to file. If you choose to file a personal injury claim or lawsuit, you should consider getting the help of an attorney from our firm. Your attorney can help ensure you receive the damages you deserve.
North Carolina Law Limits Your Time to File a Claim or Lawsuit
In North Carolina, residents have two years from the date of an accident to file a worker’s compensation claim. However, to file a personal injury lawsuit, residents have three years from the date of an accident, according to G.S. § 1-52.
A resident who lost a loved one in a construction accident can file a wrongful death lawsuit. Residents of North Carolina have two years from the date of an incident to file this lawsuit, according to G.S. § 1-53.
To meet the deadline that applies to you, you should get the help of one of our lawyers as soon as possible. Your lawyer will be able to get started on your case right away.
Contact a Construction Accident Attorney in Forest City for Help Today
We want to tell you more about how a construction accident lawyer from Farmer & Morris Law, PLLC can help you. Then, during a consultation, we’ll let you know everything else you’d like to know and answer any questions.
Your consultation with us is completely free, so there’s nothing to lose. Call us today at (828) 286-3866 to schedule an appointment.