If you have injuries from a construction mishap, a Gastonia construction lawyer from Farmer & Morris Law, PLLC, can help. Our construction accident team understands workers’ compensation insurance and how to fight for compensation when a third party is responsible for your injuries. We can answer your initial questions regarding compensation with a free case review.
Understanding Construction Accidents and Injuries
A work site can go from being a smoothly running machine to mayhem. Even the safest work sites pose hidden dangers. Occupational Safety and Health Administration (OSHA) records work-related accidents and publishes safety information about the industry frequently. OSHA and the National Safety Council (NSC) list common construction site hazards as follows:
- Falls (from platforms, ladders, or scaffolding)
- Struck-by (vehicles and construction equipment)
- Caught-in/between (stuck in a trench or tight spot)
- Exposure to hazardous materials
- Falling debris
- Slips, trips, and falls
The list of potential hazards is lengthy. All employees should wear proper safety gear and follow OSHA-approved workplace safety measures. The list of possible injuries from a construction site accident is also long and can include the following:
- Broken bones
- Sprains, strains, and tendon damage
- Chemical burns
- Scrapes, cuts
- Dismemberment (amputation or loss of limbs or digits)
- Nerve damage
- Vision or hearing loss
- Spinal injuries
Even with every protective measure in place, accidents can still occur. Discussing your options with a construction accident attorney can be helpful.
Compensation from a Gastonia Construction Accident
Construction site accidents will fall under workers’ compensation for the initial claim. When a third party caused your accident or workers’ compensation denied your claim, you may have additional options with a personal injury claim. With the counsel of a workers’ compensation or personal injury attorney, you can pursue further compensation that may cover some of the following:
- Medical expenses, including surgery, diagnostics, and follow-up care
- Medical devices
- Physical and occupational therapy
- Home nursing care, if necessary
- Home modification, if necessary
- Lost wages
You may also receive non-economic compensation to assist with the emotional aspect of an injury. Some possible areas where this might apply can include:
- Pain and suffering
- Mental anguish
- Emotional distress, including depression
- Changes in relationships due to your injury
- Reduced quality of life
- Scarring or disfigurement
- Partial or complete paralysis
- Partial or complete disability
A construction accident attorney can explain each portion of potential compensation in greater detail during your initial case evaluation. The total valuation of your claim will include past, current, and future (projected) losses directly related to your injury.
When a Construction Accident Results in a Death
In 2021, the U.S. Bureau of Labor Statistics (BLS) reported 179 fatal work injuries in North Carolina. Your family could receive compensation if you lost a member in a fatal construction accident. We can help your family move forward following your loss.
The unplanned cost of a funeral and burial can devastate a family. Speaking with a wrongful death attorney to determine if you qualify for compensation might help your family pay for things such as:
- Funeral and burial costs
- Lost wages if that was the familial financial support
- Loss of consortium or companionship
If you aren’t sure where to turn after losing your loved one, a free case review with a legal representative might offer hope for your future as you process your grief.
Workers’ Compensation Claims after a Gastonia Construction Accident
Workers’ compensation insurance is your first option following a construction accident. The North Carolina Workers’ Compensation Act spells out the requirements. Your employer should also have additional information from their insurance carrier, including any restrictions on coverage, such as waiting periods.
Some of the coverage under workers’ compensation can include:
- Injury-related medical treatment
- Reimbursement for medical-related out-of-pocket expenses
- Reimbursement for part of your lost wages
- Short and long-term disability compensation
- Death benefits for surviving family members in cases of fatalities
A workers’ compensation lawyer will help answer your questions.
What If a Workers’ Compensation Claim Is Denied?
Workers’ compensation is insurance and is subject to the same practices as any other insurance program. Your claim might be denied. Some of the reasons for denial can include:
- Failure to adhere to filing deadlines
- Not getting medical treatment
- Using a provider not on the approved list
- Lack of supporting medical evidence
- Injuries received while not on the clock
- Injuries received while roughhousing or fighting on the job
- Failure to follow medical advice
- Your injury resulted from a preexisting condition
- No witnesses
If you receive a denial notice, you can appeal the decision. Discussing your injuries with a workers’ compensation attorney can be helpful in filing an appeal.
Do You Need a Gastonia Construction Accident Lawyer?
You won’t need to engage an attorney for minor injuries under workers’ compensation. However, if you have severe injuries or workers’ compensation has denied your claim, a lawyer can be helpful.
Our construction accident team offers a free case evaluation. We expect no upfront fees from you.
What We Do for Your Gastonia Construction Accident Injury Case
We do the legwork and handle all the details, from aggregating your documentation to walking you through the process. Some of the specific tasks we undertake include:
- Investigating your accident
- Determining the cause of your injuries
- Finding the liable party
- Gathering documentation to support your case
- Placing a monetary value on your injuries
- Filing a workers’ compensation claim or appeal for you
- Negotiating with insurance companies
- Filing against a third party, if necessary
- Representing you at all hearings, meetings, and in court
Construction accidents can be complex. Our construction accident team knows workers’ compensation law and personal injury law.
Understanding the Deadline to File a Construction Accident Lawsuit
Filing deadlines for workers’ compensation claims differ from those for a lawsuit. Under G.S. § 1-52, you generally have three years to file a personal injury lawsuit. If a death is involved, the family only has two years to file a lawsuit per G.S. § 1-53.
Working with a Gastonia construction accident attorney will keep you on track. We ensure that all documentation and filings meet deadlines.
Working with a Gastonia Construction Accident Lawyer
After a construction site accident, your future might seem unsure. You can be sure of the legal team’s support at Farmer & Morris Law, PLLC. Our Gastonia construction accident lawyer will treat you with respect and compassion while guiding you through getting compensation. Contact us to get started.