Construction Worker Injuries in North Carolina

Construction sites are dangerous places. The work is very physical. Workers in the construction industry also are often required to use powerful machinery, climb to great heights or work on roadsides where traffic accidents may occur. Unfortunately, because of the inherent nature of the work, construction workers face a serious risk of injuries on the job.

If you are a construction worker who was hurt at work, you may be coping with serious medical problems, ongoing pain and financial worries due to missed work and medical bills. North Carolina laws provide a number of protections for workers who are harmed at work. It is important that you understand your rights under these laws.

Allow a lawyer from the law firm Hardison & Cochran to examine your construction accident case and help you to determine whether filing a workers’ compensation claim and/or a third-party liability lawsuit is appropriate in your case. We can conduct this case review for free. Simply call us today at (800) 434-8399 or fill out our online form to learn more. Our law firm responds to all inquiries within 24 hours.

Types of Injuries on Construction Sites

There are many different risks that construction workers face on the job. The Occupational Safety & Health Administration (OSHA) has identified the top causes of injuries on a construction site, which include:

  • Falling from heights โ€“ A worker may fall from a building, scaffolding or piece of machinery to the ground below. Workers can also fall into holes or ditches on a construction site.
  • Trench collapse โ€“ When a trench collapses, a worker’s air supply can be cut off, and the worker can be buried alive or suffer crushing injuries.
  • Collapsed scaffolding โ€“ OSHA has strict rules to ensure the safety and stability of scaffolding, but things can still go wrong, causing a worker to plunge to his death or to fall and sustain serious injury.
  • Electric shock and or arc flash/blast โ€“ Working with generators, power tools, machinery and electrical wiring all put construction workers at risk of suffering electrical burns.
  • Failure to use appropriate protective gear โ€“ Hardhats, safety glasses and other personal protective equipment should always be worn on a construction site to prevent injury.
  • Repetitive motion injuries โ€“ When the body is repeatedly asked to do the same things again and again, the muscles and soft tissues can become worn and damaged, limiting mobility and causing pain.

In addition to these top injury causes, workers on a construction site could also be hurt as a result of traffic accidents, a ladder’s collapse, malfunctioning tools or faulty equipment, errors made by other workers and accidents with tools or machinery.

Workers who experience these or other construction accidents can sustain a variety of serious injuries, including:

  • Burns
  • Electrocution
  • Eye injury, including vision impairment or blindness
  • Broken bones
  • Knee and ankle injury
  • Neck, shoulder or back injury
  • Spinal cord injury, including damage that can cause paraplegia or quadriplegia
  • Illnesses caused by toxic chemical exposure
  • Head injury and/or brain injury.

In the most tragic of cases, the injuries sustained by the construction worker will be fatal or result in a permanent disability.

Options Available for Injured Construction Workers

When you sustain an injury on a construction site, your medical bills need to be paid. You may also need to take time off from work, switch to a less physically demanding job or even stop working permanently as a result of your injuries. The medical expenses and lost income can be significant and can cause financial disaster.

However, the laws in North Carolina are meant to ensure that workers are not bankrupted by an injury sustained on the job. Those hurt in a construction accident have two possible options for obtaining compensation:

Workers’ Compensation Benefits

Virtually all employers are required to buy workers’ compensation insurance for employees. These policies cover workers who sustain a work injury for any reason.

If you are hurt while doing your job, your injury is covered whether it happened at your normal place of work or anywhere else that you had to be. This is true even if your employer wasn’t negligent. It is also true even if you made mistakes that caused your workplace injury, as long as you weren’t violating construction companies policies or intoxicated.

Workers’ compensation provides payment of your medical expenses. It also covers lost wages and provides you with disability benefits if you are either permanently or temporarily disabled. If you cannot work at all, then you are eligible for total disability benefits. If you have to switch to a lower paying job because you are put on restricted duty, you can receive partial disability benefits to make up for some of the money lost due to your forced job change. In the event that death occurs, surviving dependents can also receive death benefits through workers’ compensation.

Workers’ compensation is the only way to take action against your employer. You cannot sue your employer for a work injury. However, the coverage provided is broad, and you can make a workers’ compensation claim for acute injuries caused by a construction accident, repetitive stress injuries or illness due to toxic exposure.

Third-Party Lawsuit Claims

If someone other than your employer did something that led to your construction accident, you may be able to sue. For example, if there was an architect involved and overseeing the project, and the architect’s negligence led to your injury, then you may have a third-party lawsuit claim. If a tool or machine was defective, then you may have a third-party lawsuit claim against the manufacturer of the bad machine.

Third-party lawsuit claims let you obtain compensation not available through workers’ compensation, such as payment for pain and suffering. However, you’ll need to show either negligence or that a product, machine or tool was defective when used as intended in order to successfully make a third-party claim.

How Common Are Construction Worker Injuries in North Carolina?

The construction industry poses a particularly high risk of injury for workers. According to the U.S. Bureau of Labor Statistics (BLS), there were approximately 2,700 recordable construction site injuries in North Carolina in the most recent year with available data. About 900 of these injuries resulted in days missed at work, while another 700 required job transfers or restrictions.

About 1 out of every 100 construction workers in NC suffered a recordable injury on the job that year.

Deadlines and Forms at the N.C. Industrial Commission

There are a few deadlines that could apply to your construction injury claim:

  • The reporting deadline – You should report the accident to your supervisor or employer in writing as soon as possible and no later than 30 days from the incident.
  • The filing deadline – You generally have two years from the injury or illness to file your claim for workers’ compensation benefits.
  • The third-party lawsuit deadline – If someone other than your employer or a fellow employee caused the accident, you could have grounds for a third-party claim against that person. State law generally gives you three years from the date of the accident to file your lawsuit.

In addition to these deadlines, your workers’ compensation claim may involve the following forms:

  • Form 18 – This is the form that you file with the North Carolina Industrial Commission (NCIC) after a construction accident to formally request your workers’ comp benefits.
  • Form 19 – Your employer files this form with the NCIC. While you do not have to file this form, you should be aware that it does not replace your own Form 18 filing requirements.
  • Form 33 – If your employer’s insurer denies your claim, disagrees about necessary medical treatment, or disputes your disability benefits, you can file this form to request a hearing with the NCIC.

Our experienced attorneys can protect your benefits after a construction accident by helping you properly file the required paperwork in time.

Why Injured Workers Choose Hardison & Cochran

Have you suffered construction worker injuries in North Carolina? If so, you deserve to know that your attorney has what it takes to fight for the compensation and security you deserve.

Here are a few reasons why injured workers have turned to Hardison & Cochran for decades to get help with their construction accident claims:

  • We have the experience you can trust. Hardison & Cochran has been helping people in positions like yours for more than 40 years. We know what to expect at every stage of your case and what to anticipate from the other side. This helps us pursue even the most challenging construction accident cases efficiently and relentlessly.
  • We fight for ordinary people. Our clients are the hard-working people of North Carolina, not large corporations and insurance companies. We won’t be afraid to take on powerful corporate interests on your behalf.
  • Our growth is a testament to our success. After starting off as a single small office in Dunn, North Carolina, we now have six offices across the Tar Heel State. We built our firm one success story at a time.
  • We’re focused on injury and disability law. This dedication has allowed our firm to develop a strong reputation for skill, proficiency, and knowledge in the field. We know these cases inside out, and we’re ready to put that insight to work for you.
  • We make it our priority to meet your needs. The lawyer handling your case will work hard to demand the compensation you deserve. But our commitment to you does not end there. Every paralegal and staff member at our firm will be dedicated to meeting your needs and keeping you informed about your case.
  • We invest our resources in improving our service. We don’t just train our lawyers when they join our firm. We regularly send them to continuing legal education seminars throughout the year so they can stay current on the latest developments in workers’ compensation and injury law.

Most importantly, our firm has a track record of obtaining meaningful results for injury victims across North Carolina. That includes a $1.5 million recovery obtained for an injured worker who was diagnosed with paraplegia after falling from a roof on the job.* Here’s what one of our happy clients had to say:

“Great Service! These guys fought hard for my injury claim and got me what I needed for my medical needs going forward. Please don’t deal with Workers’ Compensation on your own. It’s too complicated and you will never get what you deserve alone.”

– T. Taquito

*Each case is unique, and past results do not guarantee future outcomes.

Want to learn more about what Hardison & Cochran can do for you? Then contact us today for your free, no-pressure consultation.

Frequently Asked Questions About Construction Accident Claims

Still have questions about your construction accident claim? Hardison & Cochran has the answers you’re looking for. We’d also be happy to answer your questions directly during a free consultation.

Can I File Workers’ Comp if I Was Paid 1099 or Labeled a Subcontractor on a Construction Site?

Workers’ compensation for construction workers generally only covers employees, not contractors. However, being paid on a 1099 or classified as a subcontractor does not necessarily mean that you are one.

You could be entitled to benefits if your employer misclassified you in order to get out of paying their fair share of taxes or for workers’ compensation insurance. An experienced attorney can review your situation and determine if you can file a workers’ comp claim.

Am I Covered if I Was Injured Because I Wasn’t Wearing the Required Safety Gear?

Yes, you may still be covered by workers’ compensation if you were hurt while failing to wear required safety gear. However, your benefits could be reduced by 10 percent.

Does Workers’ Comp Cover Heat Stroke or Heat-Related Illness on a Construction Site?

Yes, workers’ compensation in North Carolina generally covers heat-related ailments like heat stroke, provided they arise out of extreme conditions in the course of a worker’s employment.

What if My Injury Was Caused by an OSHA Violation on the Job Site?

State law could entitle you to a 10 percent increase in compensation if your injury resulted from your employer’s willful violation of an Occupational Safety and Health Administration (OSHA) rule.

If your workplace injuries resulted from an OSHA violation committed by someone other than your employer or a fellow employee, the violation could support a third-party claim against that person or business.

Am I Covered if I Was Hurt Driving Between Job Sites?

Workers’ compensation has a “coming and going” exception that might apply if you were hurt while traveling between job sites.

If the trip was part of your job duties and happened during your shift, you are likely entitled to workers’ comp benefits. However, if you were simply commuting to work, off the clock, or running your own errand on the way, workers’ comp may not cover your injuries.

How Our Attorneys Can Help Injured Construction Workers

If you or a loved one was hurt in a construction accident while performing work in a job, a lawyer from the law firm Hardison & Cochran can provide you with comprehensive legal representation. We can help you to:

  • Determine whether to file a workers’ compensation or third-party liability claim (or both)
  • Deal with the workers’ compensation insurer if the bills aren’t being paid, if there is a dispute over medical coverage or if the insurer tries to force you back to work too early
  • Gather evidence to prove your eligibility for compensation
  • Keep your construction accident claim moving forward
  • Appeal a workers’ compensation claim denial
  • Negotiate a settlement if there is a dispute over benefits
  • File a third-party lawsuit in court and/or negotiate a settlement with a responsible third party

These are just some of the many services that our legal team provides to clients across North Carolina. To learn more about how we can assist you after your construction accident, give our law firm a call today or contact us online to schedule a free consultation. You will pay no attorney fees unless we secure compensation for you.

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