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Construction accidents should be covered by workers’ compensation, but there are instances in which a third-party claim or personal injury lawsuit may be more appropriate. It all depends on who bears liability for your construction accident.
In both North Carolina and South Carolina, construction workers are eligible for workers’ compensation benefits, and they do not have to prove any form of negligence on the part of their employer to receive such benefits. A Rutherfordton workers’ compensation lawyer can help you with this type of claim.
If your construction accident occurred due to the negligence of a third party, you can file a claim or personal injury lawsuit to seek fair compensation. In these cases, you will have to prove negligence to recover damages. A construction accident lawyer can help you with this legal matter.
Construction Accidents Are Covered Under Workers’ Compensation
In North Carolina and South Carolina, most employers (those with a certain number of employees) are required to carry workers’ compensation insurance. This allows their employees to access certain benefits (such as medical benefits and income benefits) when they suffer work-related injuries. This system also shields employers from third-party lawsuits.
How Can I Get Workers’ Compensation Benefits?
To receive workers’ compensation benefits, injured employees must file a workers’ compensation claim and report their accidents to their employer within a certain period. Even though an injured employee does not have to prove that anyone’s negligence led to their accident, there are a few important things to consider when filing a workers’ compensation claim, such as:
- The employee must have been acting in the course and scope of his/her employment when the workplace accident occurred.
- The employee must not have been engaging in horseplay or have been under the influence of drugs or alcohol at the time of the accident.
- The employee must undergo a medical examination by an authorized physician and follow through with their medical treatment plan.
A workers’ compensation attorney can file your legal claim and negotiate for the compensation benefits you deserve. If a construction accident led to the loss of a loved one in your family, a lawyer can also seek death benefits from a workers’ compensation claim. Each state sets a cap on how much an injured construction worker or their family can receive in benefits.
When Construction Accidents Are Not Covered Under Workers’ Compensation
Workers’ compensation only covers some of your losses after an accident. Yet, if you were injured due to a third party’s negligence, you can file a workers’ comp claim and a third-party injury case.
Potentially liable parties in negligence-related construction accidents can include:
- Subcontractors
- General contractors from different companies working on the same project
- Manufacturers of defective construction equipment
- Construction site owners
- Third-party drivers who crash their vehicles into construction sites
Unlike a workers’ compensation claim, to have a successful personal injury case, you must prove negligence. This requires showing that because another party acted carelessly or recklessly, you were injured and have damages.
Proving negligence can be quite difficult. You can consult a construction accident attorney to do the legal legwork for you, though.
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Potential Compensation for Construction Accident Injuries
As noted, through a workers’ compensation claim, potential benefits are limited to your medical expenses, a percentage of your income loss, and other benefits, such as vocational rehabilitation and death benefits. Some states set caps on the amount of benefits you can receive from a workers’ compensation claim, as well.
Generally, you can seek a wider array of damages from a negligence-related workplace injury claim. After a construction accident, your personal injury lawyer may seek the following forms of compensation:
- Current medical costs, such as diagnostic testing, hospital stays, and specialists
- Ongoing medical expenses, if you require rehabilitative care or in-home aid
- Home modifications and medical devices
- Pain and suffering
- Scarring and disfigurement
- Loss of quality of life
- Loss of consortium
- Disability
- Lost income from the time you had to take off work to heal
- Reduced earning capacity if you can no longer earn your pre-injury income
If you lost a loved one in a construction accident, a wrongful death lawyer can help your family seek justice and compensation. They can seek awards for funeral arrangements, burial or cremation services, your loved one’s income, their end-of-life medical care, and their pain and suffering.
You Have a Deadline to Meet When Filing a Construction Accident Lawsuit
Every state has a statute of limitations that limits the amount of time victims have to file personal injury lawsuits. In North Carolina, G.S. § 1-52 generally gives you three years to file your lawsuit, while S.C. Ann § 15-3-530 generally gives you the same amount of time—three years—to file your lawsuit in South Carolina. However, the time limitations for filing a workers’ compensation claim are shorter, so it is important to contact a lawyer immediately.
When you work with a construction accident attorney, they can determine how much time you have to file your case and work to meet that deadline. For example, they can keep their eye on the statutory clock while negotiating with an insurer. They can also determine whether any extenuating circumstances extend or reduce your filing period.
Call Farmer & Morris Law, PLLC About Your Construction Accident Case
After a construction accident, it can be difficult to determine who is liable and how to go about seeking compensation for your injuries. This is where Farmer & Morris Law, PLLC comes in. We can discuss your construction accident case during a free consultation and determine whether you should file a workers’ compensation claim or personal injury claim – or both.
Our legal team can handle your entire case while you rest and recover. Call us today to get started.
