The construction industry is easily one of the most dangerous occupations in North Carolina. Projects commonly require workers to be placed in elevated work environments and around large equipment both on the ground and well overhead when major buildings and other facilities are being erected. Work scenarios range widely, and many times it is difficult for employers and employees alike to adhere to all safety standards in certain locations. The result is a high rate of injury for construction workers, not to mention an increased number of fatalities when serious construction accidents occur. This means that many cases can include legal action for personal injury and wrongful death beyond workers’ compensation claims when workers are injured or die on the job, and having an experienced and aggressive North Carolina construction accident law firm representing the case is vital for maximum financial compensation.
Many construction workers are employed by major contractors that maintain workers’ compensation for all employees. They also typically have established safety programs that follow all industry standards as defined by the Occupational Safety and Health Administration. Employees of safety-oriented compliant companies are usually placed on workers’ compensation benefits immediately after being injured on the job. There are often very few legal issues when these employees are injured, but there could still be some evidence of negligence on the part of the employer when a case is fully investigated. The workers’ compensation insurance system is actually designed as “no-fault” coverage that protects employers from costly personal injury claims in exchange for immediate wage replacement and medical bill coverage for injured workers, which can be especially important in North Carolina due to the highly restrictive contributory negligence law. However, there are some small construction operators that do not carry workers’ compensation or others that choose to be self-insured. North Carolina law only requires those with three or more employees have workers’ comp protection. These employers can still be sued for general damages for the long-term impact of a workplace injury with solid legal representation from a workplace injury attorney when no workers’ comp coverage is provided.
Personal Injury Lawsuits
Workers’ compensation may not be the only avenue of financial recovery even when a construction worker is covered. When employers can be proven negligent or non-compliant regarding employee safety standard adherence, there could be a personal injury lawsuit available beyond workers’ comp benefits for the pursuit of general damages associated with long-term implications of the injury. This can be very important in serious injury cases where the victim worker may be left disabled for life or in cases where someone dies on the job. The problem that workers have with filing a personal injury lawsuit is that the state still maintains the contributory negligence rule even in workplace injury cases when pursuing damages beyond workers’ compensation benefits. Even as little as 1% comparative negligence assessment in a North Carolina personal injury case can result in summary dismissal, and all personal injury attorneys build cases specifically to avoid this predicament for injured clients.
Contact Our Construction Accident Law Firm
It is always vital to have comprehensive legal representation when seeking financial compensation for personal injuries suffered at work regardless of material case evidence, especially in North Carolina (with its contributory negligence laws). Serious accidents commonly result in multiple injuries and fatalities in some instances. Even in cases where employers are obviously negligent, a strong defense is always delivered because it can still result in a case being dismissed if the injury is not solely a workers’ compensation issue. And even then, employers in the construction industry could attempt a defense of no responsibility due to worker activity outside of job duties. Any construction worker in North Carolina who has been injured on the job should not delay in contacting Kellum Law Firm and let a workplace injury attorney assess your case for maximum compensation. Injured victims only have one opportunity for financial justice when injured in a construction accident, and it is important to make that opportunity count to receive as much compensation as possible.
The starting point if you’ve been injured in the workplace is to meet with one of our experienced workplace injury lawyers to review the details of your case. We offer all new clients a free legal consultation and there is no obligation to retain our services following your consultation. Schedule your appointment now.