There is a high risk for severe injuries or deaths at construction sites, both for construction workers and pedestrians and motorists passing by the area. However, employees and others who suffer injuries at construction sites are often unaware of all of their legal options or they receive poor advice on what to do. This can cause them to not pursue the compensation they deserve for their injuries.
Victims of these accidents should consult a knowledgeable Charlotte construction accident lawyer. The Charlotte personal injury lawyers of The Nye Law Group can help you file a workers’ compensation claim and pursue a lawsuit against any third parties who are liable for the accident. We are experienced attorneys who have recovered millions in compensation for personal injury clients and are prepared to help you obtain the compensation you are entitled. You will not be charged legal fees unless we obtain a favorable resolution of your case.
Schedule a free, no obligation legal consultation right now. Call 855-856-4212.
Types of Construction Accident Claims
Our Charlotte construction accident lawyers can handle a variety of claims, including those arising from:
- Scaffolding accidents
- Slip, trip and fall accidents
- Crane accidents
- Heavy machinery failure or malfunction
- Fires and explosions
- Falling objects
- Defective products or equipment
- Toxic chemical exposure
- Poorly maintained equipment
- Ladders that are unsecured
- Trench collapses
- Getting stuck between machinery
- Building collapses
If you were injured in one of these types of accidents, or another accident not listed, contact our Charlotte construction accident lawyers as soon as possible. We can instruct you on what you need to do to protect your rights so you can obtain fair compensation.
Complete our Free Case Evaluation form right now.
What to do After a Construction Accident
The minutes, hours and days after a construction accident that caused a severe injury can be stressful and overwhelming. If you were an employee at the construction site, our experienced attorneys recommend taking the following steps:
- Obtain medical care right away – The number one priority after any accident is your health and well-being. Call 911 or go to a local hospital, such as Carolinas Medical Center, located at 1000 Blythe Boulevard, or Novant Health Presbyterian Medical Center at 200 Hawthorne Ln. Inform the medical professionals who treat you that you suffered an injury at work. Make sure to tell your treating physician that you were injured at work.
- Report the injury to your employer as soon as possible – It is important that you follow your company’s protocol for reporting workplace injuries as soon as possible. You should make sure to include specific details about the accident and list any witnesses.
- Provide written notice to your employer – As soon as possible or within 30 days, you must provide written notice to your employer with details about the date of the accident and a brief description of your injuries. Make sure to keep a copy for your records.
- Contact our construction accident attorneys – We can prepare all of the necessary workers’ compensation forms, including submitting a Form 18 on your behalf and making sure your employer has submitted a Form 19 to report your injury. We will work to help make sure you receive all of the compensation you deserve, including appealing a claim through a hearing with the North Carolina Industrial Commission NIC.
- Follow your doctor’s treatment plan/recommendations – This means taking all of your medications when you are supposed to, attending doctors’ appointments and seeing specialists recommended by your doctor. Failing to follow the doctor’s instructions could compromise your health and safety and put the success of your workers’ compensation claim in jeopardy.
You could obtain compensation for various damages in a workers’ compensation claim, such as medical expenses, lost wages, pain and suffering, and lost earning capacity. However, you need an experienced attorney to have a chance of obtaining the maximum amount of compensation.
Our attorneys understand all aspects of the workers’ compensation process and we know what it takes to be successful. Contact us today.
Live chat with a representative or call us at 855-856-4212.
What If You Are an Independent Contractor?
Unfortunately, the North Carolina Workers’ Compensation Act does not require employers to purchase workers’ compensation benefits for independent contractors.
However, an individual is not an independent contractor simply because his employer says so or issues him a Form 1099 for tax purposes. The NIC has final say on this issue and weighs a variety of factors to determine an employee’s status.
For example, the NIC will review the employer’s degree of control over the details of your work. An independent contractor is free of direction and control from the company. Also, independent contractors receive payment by the job instead of on an hourly or salaried basis.
If your employer misclassified you as an independent contractor at the time of your accident, you may be able to pursue legal action to change your status and obtain compensation.
Contact our Charlotte construction accident lawyers by calling 855-856-4212
Tips for Non-employees
If you were not an employee at the construction site but suffered an injury, take these steps after your accident:
- Seek medical treatment immediately – You need to make sure your injuries have been stabilized before you attempt to pursue a legal claim.
- Contact our Charlotte construction accident lawyers – We can advise you of your legal options, which may include filing a personal injury claim against the construction company or other parties involved in the construction site.
Incorrect Assumptions After a Construction Accident
Victims of construction accidents often make uninformed assumptions or are told a variety of incorrect things about pursuing compensation:
- There is no insurance to cover your injury – North Carolina requires most employers to carry workers’ compensation insurance. Also, if you were working for a subcontractor, the general contractor should have insurance to cover on-the-job injuries.
- Your boss will retaliate against you if you make a claim – It is against the law for an employer to retaliate against you for making a workers’ compensation claim. If you are concerned about your employer retaliating, you should contact a Charlotte construction accident attorney to make sure your rights are protected.
- You cannot obtain compensation because you caused the injury – In almost all cases, your liability for the accident is not a factor in obtaining workers’ compensation.
Do not let these assumptions prevent you from pursuing workers’ compensation. Contact our Charlotte construction accident lawyers to learn about all of your rights after an accident.
Live chat with a representative or call 855-856-4212.
Filing a Third-Party Legal Claim
Unfortunately, workers’ compensation may not provide enough money to cover all of the damages caused by the accident.
However, the law allows victims of construction accidents to file personal injury claims against third parties that played a role in your injury. This could include many individuals and parties involved in the construction site, such as:
- General contractors
- Product manufacturers
- Designers of defective equipment
- Site owner
You can file a claim against a third party for a variety of reasons. For example, if you suffered an injury when scaffolding collapsed, you might be able to file a lawsuit against the company that erected the scaffolding or the manufacturer of the scaffolding if it is found to be defective.
Another example would be a subcontracted cleaning service that left obstacles or hazards at the work site that caused a Charlotte slip and fall accident.
Filing a third party claim would allow you to obtain greater amounts of compensation for damages such as:
- Pain and suffering
- Loss of life
- Loss of earning capacity
- Decreased life enjoyment
You can count on our Charlotte construction accident lawyers to conduct an in-depth investigation of your accident to discover any third parties who are liable for your injuries. This includes reviewing investigations of the incident by the Occupational Safety and Health Administration (OSHA) and investigating third parties to discover previous accidents.
Fill out our Free Case Evaluation form today.
Contact Our Charlotte Construction Accident Lawyers Right Now
Our attorneys can help eliminate the confusion and uncertainty following a construction accident. We can guide you through the legal process, making sure your rights are protected and you receive the compensation you deserve.
We understand that you are dealing with severe injuries and we do not want you to feel overwhelmed. That is why we are prepared to handle every aspect of your workers’ compensation claim and any third-party claims. We want you to focus on your recovery.
Contact our Charlotte construction accident lawyers today by calling 855-856-4212.