Construction is one of the most dangerous industries for many reasons. Each year, the Occupational Safety and Health Administration (OSHA) receives more reports of workplace injuries, worker fatalities, and missed days of work from the construction industry than any other field. Therefore, if you work in construction or plan to in the near future, it’s vital to know the risks you face in this line of work and what you can expect if you do sustain an injury.
An Indian Trail construction injury attorney is the best resource to consult if you or a loved one recently suffered any kind of harm from a construction accident. If you were not working and were simply injured as a bystander near a construction accident, you likely have grounds for a civil claim against whoever caused the accident. Alternatively, if you work in construction and suffer an injury at work, you likely have the right to file a workers’ compensation claim. Depending on whether a specific party is at fault for the incident, you could also have grounds for further legal action.
Ayers, Whitlow & Dressler has a team of experienced attorneys who routinely assist injured workers in the Indian Trail construction industry with their workers’ compensation claims. We know how devastating any construction accident injury can be both in terms of the painful injuries a victim might sustain and the economic losses resulting from their medical treatment costs and inability to work. Therefore, our goal in every case we accept is to help our client maximize their recovery to the fullest extent possible under state law.
The right attorney can make a significant positive difference in the results of all your recovery efforts after a construction accident. Most workers in the state are covered by their employers’ workers’ compensation insurance. This coverage comes into effect any time a workplace injury occurs. The injured worker must report their injury to their supervisor, and they should start the claim filing process as soon as possible for the best chance of securing the benefits they need after a construction accident.
A construction accident can potentially cause life-threatening injuries. The victim could be left unresponsive or otherwise unable to pursue recovery on their own. An experienced attorney is especially valuable in this situation. They can help the victim’s family understand their options for legal recourse, prepare for each phase of their recovery efforts, and reach the best possible outcome on behalf of the victim.
When you have an experienced Indian Trail construction accident attorney representing you, it will be much easier for you to confront the workers’ compensation claim process with confidence. Your attorney can assist you in completing your claim forms, addressing any disputes that arise with the insurance company, and guiding you to a favorable outcome for your claim. You could also have grounds for further legal recourse that you may not recognize without an attorney advising you. Ultimately, hiring an experienced Indian Trail construction injury attorney significantly improves your chances of success with all the recovery efforts you pursue after a construction accident.
Many construction-related workplace injuries are severe, resulting in long-term or permanent damage to the victim. Heavy equipment injuries, slip and fall accidents, and repetitive stress injuries are just a few of the most common types of work-related injuries reported in the construction industry. Acute traumatic injuries are also possible, such as broken bones, head injuries, injuries from falling objects, and all types of injuries from accidents involving construction vehicles. As a result, the victim is likely to wonder how they can recover, especially if their injury imposes long-term or permanent medical complications and prevents them from working.
After you have filed your claim for workers’ compensation benefits, the insurance company reviews the claim, and if they determine everything is in order, and the claim is legitimate, they will extend a settlement offer to the claimant. For example, an injured construction worker can typically expect two forms of workers’ compensation benefits for a construction accident injury. First is medical expense coverage. Their employer’s insurance carrier will compensate all medical treatment costs the claimant incurs for healing from their injury and regaining lost function.
The second type of compensation is ongoing disability benefits. These benefits are paid when a victim cannot return to work because of their injury. Most disability benefits are paid temporarily until the claimant can return to their previous job or start working a new job. When a claimant has suffered a catastrophic injury that completely prevents them from working anymore, the insurance company would likely offer them a large lump sum settlement instead of an extensive ongoing payment plan.
Ongoing disability benefits can be “total” or “partial.” Total disability benefits are paid when a claimant cannot work at all until they recover. Partial disability benefits are paid when a claimant can handle light duty or alternative job duties but cannot earn as much as they did before their injury. If you are awarded partial disability benefits after a construction injury, you must report your earnings to the insurance company and keep them informed about your medical updates. Failure to meet any reporting requirements could lead to a loss of benefits or even workers’ compensation fraud charges.
North Carolina’s workers’ compensation laws typically prevent an injured construction worker from filing a personal injury action against their employer for a workplace injury. Workers’ compensation protects employees by providing benefits when they’re injured at work, but the system also protects employers from civil liability for their employees’ injuries. If the employer does not have workers’ compensation insurance coverage, the employee would then have the right to proceed directly with a civil claim against the employer. Similarly, the employee could also proceed with civil action if the employer intentionally caused the injury somehow.
Some construction accidents happen because of the actions of individuals who are not connected to the victim or their employer. For example, a construction worker could suffer an injury while working due to the actions of a passerby, a subcontractor, a vendor, or some other party. If any third party bears fault for a workplace injury, the victim could pursue a workers’ compensation claim since the incident occurred while they were working, and they could then proceed with a personal injury action to seek compensation for any losses that workers’ compensation can’t cover.
The damages available in a personal injury case include any and all economic losses suffered by the defendant. These often include medical expenses, lost income, and property damage. For example, if you are filing a third-party personal injury claim for damages you suffered in a construction accident, your claimable economic damages are likely to include immediate and ongoing medical treatment costs, lost income for your time spent in recovery, and lost earning potential if you cannot return to your job. Workers’ compensation can cover some of these losses, and a successful personal injury claim can potentially cover the remainder.
If you are able to file a personal injury claim in tandem with your workers’ compensation claim, you could significantly improve your total recovery due to the ability to claim compensation for your pain and suffering. State law does not restrict the amount of pain and suffering compensation a plaintiff can seek in their personal injury claim. If you’re unsure what amount would best reflect your situation, your attorney can provide valuable guidance for this aspect of your case and help you maximize the final recovery you obtain.
A workers’ compensation claim may only be one component of your recovery efforts following a serious construction accident. Additionally, there is no guarantee that your claim will unfold unimpeded by administrative red tape or inappropriate handling from the insurance company. Having an experienced attorney help with your workers’ compensation claim will significantly improve your chances of securing the benefits you need to recover. Once you exhaust your recovery options through insurance, your attorney will continue to offer valuable legal representation if you intend to pursue further legal recourse with a third-party personal injury claim.
Ayers, Whitlow & Dressler has cultivated a solid reputation as a leading choice for workers’ compensation representation in the Indian Trail area and throughout the surrounding communities. With our years of experience representing all types of injured clients facing all manner of difficulties in their recovery efforts, we know the challenges you’re most likely to encounter in seeking compensation for your injury. Our team can guide you through the workers’ compensation claim process, help you file a personal injury suit if you have grounds to do so, and provide ongoing guidance throughout every stage of your recovery efforts.
The sooner you secure legal representation from a reliable attorney, the better your chances are of reaching the best possible outcome for your workers’ compensation claim and any subsequent legal efforts you pursue. Our team is ready to help you understand the legal proceedings you face as you seek compensation for the construction accident injury you suffered. Contact Ayers, Whitlow & Dressler if you’re ready to schedule your consultation with an Indian Trail construction accident attorney.