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A Belmont construction accident lawyer with Farmer & Morris Law, PLLC, can help if you recently got hurt in a construction-related work accident. If North Carolina’s workers’ compensation program covers your injury, one of our workers’ compensation attorneys can pursue the benefits you deserve while you focus on recovering.
Sometimes, a third party’s negligence causes an injury on construction sites. Not to worry. In that situation, one of our Belmont personal injury lawyers can take care of your personal injury claim or lawsuit against the liable party. Either way, we can help you get justice for your losses from a construction accident.
How to Determine Whether You Have a Workers’ Compensation or Personal Injury Case in Belmont, NC
If you get hurt at work in a Belmont construction accident, you could file a workers’ compensation claim. Our Belmont workers’ compensation attorney can offer legal advice to determine your eligibility for these benefits. You must be on the job in North Carolina when you suffer an injury and perform activities within the scope of your employment. Usually, injuries that occur during work commutes or meal breaks are not covered, but there are exceptions.
When a third party injures you through negligence or an intentional act, you might be able to file a personal injury lawsuit, even though the event happened while you were on the job. Personal injury claims can offer damages that workers’ compensation claims do not, like pain and suffering.
Benefits Available in a Belmont, NC, Workers’ Compensation Claim
North Carolina’s workers’ compensation program allows injured workers to receive treatment for their worker-related wounds and partial income replacement without having to prove their employers were at fault in the accident. Before workers’ compensation programs, workers were at a disadvantage when they had to litigate against their employers.
The North Carolina Industrial Commission administers the workers’ compensation program. Now, as long as a worker has a covered injury, the employee can get:
- Medical treatment for their accident wounds after a Belmont construction accident. Usually, the healthcare provider bills the employer’s workers’ compensation insurance carrier directly instead of the injured worker if the worker uses a program-approved medical provider.
- Partial income replacement. Employees do not receive their full regular paycheck under workers’ compensation, but they can collect about two-thirds of their income when they cannot work due to their injuries.
- Permanent disability. Some people do not recover their former health or functions at 100 percent, even after completing prescribed medical treatment and achieving the maximum healing their treating doctor expects. The workers’ compensation program can pay the worker permanent disability benefits.
In some circumstances, employees can pursue additional benefits in their Belmont workers’ compensation claim. A construction accident lawyer with our law firm can advise you further if you qualify for these benefits.
How Our Belmont Construction Accident Lawyer Can Help With Your Workers’ Compensation Claim
The North Carolina workers’ compensation program rules are strict and unforgiving. You might miss important benefits if you make a simple, honest mistake. Working with our attorneys on your Belmont, NC, workers’ compensation claim after a construction accident could make all the difference.
Your lawyer can do several things while representing you, including:
- Protecting your rights under workers’ compensation
- Ensuring your workers’ compensation claim moves forward
- Tracking your case’s deadlines and progress
- Gathering essential evidence to support your claim
- Advocating for you in hearings and appeals
When you work with our Belmont construction attorney, you can focus on your healing and well-being while we diligently work to resolve your legal matter.
Recoverable Damages in a Belmont Construction Accident Claim Based on Negligence
If your Belmont construction accident case involves a third-party negligence claim rather than a workers’ compensation case, you might be able to seek additional categories of monetary damages not available in a comp claim.
- Medical expenses. Typically, your medical expenses are recoverable. This category includes emergency medical services, hospital care, doctor’s visits, surgeries, diagnostic procedures, blood transfusions, imaging studies like X-rays, physical therapy, and prescription drugs.
- Lost wages. The income you lost when you could not work while recuperating from your wounds is recoverable. Workers’ compensation provides only partial wage replacement of about two-thirds of your regular wages. However, the full amount of your lost income could be a part of your personal injury case.
- Pain and suffering. Unlike a workers ‘ compensation claim, the physical discomfort and emotional distress you endured from the Belmont construction accident can be a part of a personal injury case. These damages are in addition to getting your lost wages and medical bills paid. Intangible losses like pain and suffering can be a significant portion of your financial recovery in a personal injury case.
- Other intangible accident losses. You could pursue damages for other intangible losses as well. For example, damages for disfigurement can be appropriate if you suffered amputations or extensive scars from burns, lacerations, or surgical procedures. Long-term impairments can qualify for monetary damages. Loss of enjoyment of life and post-traumatic stress disorder (PTSD) are also types of intangible losses.
Your situation’s facts will determine the monetary damages you can go after in a personal injury case based on a Belmont construction accident. Every personal injury case is different.
How Soon You Must File a Lawsuit in a Personal Injury Case Involving a Construction Accident in a Belmont, NC
North Carolina sets a time limit on filing personal injury lawsuits. Merely negotiating with the insurance company does not satisfy the statute of limitations for a Belmont construction accident lawsuit. If you miss the filing deadline, North Carolina law can forever bar you from pursuing financial compensation for your losses.
Under G.S. § 1-52, the statute of limitations for filing a personal injury lawsuit is three years. If your close relative died from construction accident wounds, your family might be able to pursue additional compensation in a wrongful death lawsuit. The wrongful death statute of limitations is only two years under G.S. § 1-53.
Call Us Today for Help With Your Belmont Construction Accident Case
At Farmer & Morris Law, PLLC, we aim for excellence in legal representation in every case, with every client, and at every stage. We are proud to offer a free initial consultation with no obligation. Just reach out to us today to start exploring your legal options.
