Being injured on a construction job site can be different from many other injury claims. There are often significant technical questions concerning how an injury occurred, especially when a worker is
performing job tasks without any help from potential coworker witnesses. In addition, the work location is often remote and there can be a lapse of time before medical technicians can arrive or the worker can be transported to the emergency room by other workers. All injury cases are unique, and many times the employer is either negligent in some safety aspect regarding working conditions or providing proper equipment for the job. And then, especially in construction where there are many small independent contractors, the employer may or may not be covered by workers’ compensation insurance. It is potential issues like these that make it essential to have an experienced and aggressive construction injury law firm representing your case in North Carolina.
Workers’ Compensation Claims
Injured workers who are employed by a major company or corporation will typically be covered by workers’ compensation insurance. Employers are often agreeable for employees who are definitely injured on the job to be placed on workers’ comp benefits. However, that does not mean the insurance provider will be as receptive. It is ultimately up to the provider to decide on benefit payment. Luckily for North Carolina workers, workers’ compensation insurance is a “no-fault” system when there are no extenuating circumstances of negligence on the part of the employer, which means the state contributory negligence law cannot be used against workers who file a valid workplace injury claim. But that does not mean that an insurance provider will not investigate the case diligently before beginning benefits.
Personal Injury Claims
Injured workers who are employed by non-compliant contractors will usually have standing to sue for whole damages when injured while working. Additionally, those who are injured due to provable negligence on the part of a compliant employer could have standing for both a workers’ compensation claim
and a personal injury lawsuit. Both situations are difficult when financial compensation is being pursued. Valid injury claims with workers’ comp benefits should be paid immediately after the accident injury occurred, which is something that workplace injury lawyers will demand as a first priority. Following the beginning of workers’ comp benefits, legal representatives can then start crafting the case for general damages as compensation for the long-term implications of the injury. It is still important to remember that North Carolina has the most restrictive personal fault law in the nation, which is the contributory negligence standard. Any plaintiff in a personal injury claim cannot exhibit any personal fault in causing their own injury for a valid claim to be payable, and this standard could be applied by the court based on material case evidence.
How Workplace Injury Lawyers are Most Effective
Injured workers who have valid workers’ compensation claims and are immediately given benefits often think they do not have a personal injury case. Many employers will comply with all NC workers’ compensation rules and regulations if they think there is any chance they have skirted the OSHA rules in any fashion or an injured employee will retain an attorney. The truth is that many construction industry employers cut corners that are not necessarily within code, which means they could be liable when negligence is proven by workplace injury lawyers who have conducted a full investigation into how the accident happened. Evidence can also include any prior citations for unsafe work conditions or failure to comply with OSHA standards when similar work conditions were present at the time of the injury.
Wrongful Death and Serious Injury Claims
Construction is a very dangerous occupation in many situations, and some accidents actually result in the death of both employees and innocent bystanders. There can also be multiple contractors
whose job responsibilities can overlap into other construction project activities. Major equipment is commonly involved in major projects, including cranes and scaffolding where employees can potentially be struck from overhead objects or fall from elevated work platforms. These types of accidents can easily produce long-term injury and even fatalities in severe situations. Being properly compensated for these injuries always requires aggressive representation by a law firm that has extensive experience in both wrongful death and long-term injury claims when whole damages are being sought.
Contact our North Carolina Workers’ Compensation Attorneys
Regardless of the facts surrounding any construction workplace injury, it is recommended that injured victims have solid comprehensive legal representation when pursuing financial recovery.
Contact our workers’ comp injury law firm today to schedule your free case review, and let us put our experience to work for you in your workplace injury case.