A Gaston County construction accident lawyer could help you if an incident involving construction equipment, a construction worker, or another condition on a construction site caused you to suffer an injury.
If your construction accident was caused by the negligence of a third party, one of our personal injury lawyers can take care of your injury claim or lawsuit against the liable party. You could also have the option of filing a workers’ compensation claim. Either way, we can help you pursue financial compensation for your losses from a construction accident. You do not have to go through the workers’ compensation or personal injury case legal process alone.
How to Determine Whether You Have a Workers’ Compensation or Personal Injury Case
People who get wounded on the job while working usually qualify for benefits from the workers’ compensation program in our state. The North Carolina Industrial Commission administers the workers’ compensation program in our state.
Some exceptions to coverage of Gaston County construction accidents include injuries that happen during the commute or meal breaks, but even those situations have exceptions. Our workers’ compensation attorney can explain more.
You might be able to pursue additional types of financial compensation like pain and suffering if you can file a personal injury claim instead of a workers’ compensation claim. The typical at-fault party in a case like this is a third party, not your employer, who injured you through negligence or an intentional act while you were at the job site.
Types of Workers’ Compensation Benefits for Gaston County Construction Accident Injuries
The facts of your situation will determine what types of workers’ compensation you can seek for your construction accident wounds. You may be able to collect benefits for:
- Medical treatment for the Gaston County construction accident work-related injury. The injured employee must use the healthcare professionals and facilities approved by the employer, but the medical services usually get billed directly to the employer, not the worker.
- Partial income replacement. A worker with a covered construction accident injury can collect weekly cash benefits while recuperating from their wounds. The cash benefits are usually around two-thirds of the employee’s regular income.
- Permanent disability. The injured worker might be eligible for permanent disability benefits if they still have long-term impairments after completing their medical treatment and achieving maximum expected recuperation.
These examples are some of the primary categories of workers’ compensation benefits for a construction accident in our state. Depending on your situation, you might be able to request additional types of benefits.
Reasons to Work With Our Gaston County Construction Accident Lawyer on Your Workers’ Comp Claim
North Carolina law does not require you to work with an attorney on your workers’ compensation claim from a Gaston County construction accident, but it can be a smart decision to do so. Missing a deadline or accidentally making a mistake in your claim could compromise your case.
We can track the deadlines that apply to your construction accident workers’ compensation claim and keep your case moving forward. We can challenge wrongful claim denials and incorrect benefit calculations on your behalf. You do not have to go through this legal process by yourself.
Recoverable Compensation in Gaston County Personal Injury Claims
Sometimes, a construction accident in Gaston County gives rise to a personal injury case rather than a workers’ compensation claim. If a negligent party caused your injury through carelessness or an intentional act, you might be able to file a personal injury action. Personal injury cases can include intangible losses that do not receive financial recovery in workers’ compensation claims.
Some of the common types of damages you can recover in a construction accident case include:
- Medical expenses. Usually, the injured person can recover the cost of the medical treatment they need for their construction accident wounds. These expenses can include bills from the doctor, hospital, ambulance, emergency room, surgery, diagnostic procedures, physical therapy, and prescription drugs.
- Lost income. If you could not work because you were recuperating from your injuries, and you missed paychecks during that time, you can likely add your lost income to your personal injury claim.
- Pain and suffering. Getting your medical bills paid does not address the physical discomfort and emotional distress you went through from the accident and your injuries. For this reason, you may recover compensation for pain and suffering in addition to your medical expenses.
- Other intangible losses. You might be able to recover financial compensation for your intangible losses, which can include things like disfigurement, post-traumatic stress disorder (PTSD), and long-term impairments.
Every Gaston County construction accident personal injury case is different. The kinds of monetary damages you can seek will depend on the specific facts of your situation. Our personal injury attorney will assess your case and explain which losses you may recover.
The Filing Deadline for Gaston County Personal Injury Lawsuits That Involve Construction Accidents
You do not want to wait too long to take legal action in North Carolina. N.C. Gen. Stat. §1-52 sets the filing deadline, also called the statute of limitations, for personal injury at 3 years. Under N.C. Gen. Stat. § 1-53, wrongful death lawsuits generally have 2 years to file.
If your close relative did not survive their Gaston County construction accident wounds, the family might be able to file a wrongful death case seeking additional compensation.
The statute of limitations is critical to your personal injury or wrongful death case because if you miss the filing deadline, North Carolina law can forever prevent you from holding the at-fault party accountable for your losses.
Getting Legal Help From Our Personal Injury Lawyer With Your Gaston County Construction Accident Case
You do not have to go through the legal process alone. Whether your case is a workers’ compensation claim, a personal injury case, or a wrongful death action, our construction accident attorney in Gaston County can be there with you during every stage of the process.
At Farmer & Morris Law, PLLC, our goal is excellence in legal representation, in every case, with every client, and at every stage. We are proud to offer a free initial consultation with no obligation. Just reach out to us today to get started with our legal team.