Construction sites are dangerous places. The Bureau of Labor Statistics estimates that there are approximately 150,000 instances of a construction accident injury each year. In some circumstances, the injured party is a passer-by, but, more often than not, he or she is an employee of a contractor. We recently represented the estate of an individual who passed away after an accident at his job site. Separate from any workers compensation benefits, we secured a $599,500.00 settlement for his family from the job site owner.
The identity of the injured party is critical, as it can determine whether the case is properly presented in the North Carolina trial courts or in the Industrial Commission as a Workers’ Compensation claim. For some injured workers, they may have a valid claim in both venues. Because of that, it is so important to immediately contact a knowledgeable personal injury attorney if you are involved in a construction accident.
Construction Accidents and Liability
A construction accident injury can happen in a variety of ways, but some of the more common types involve falls from height, burns, electrocutions, explosions, and falling debris. If you are not an employee of a contractor, your claim is a bit easier to explain. To recover personal injury compensation you need to prove that a contractor, or the owner of the site, breached a duty owed to you and was negligent in some regard. For more complicated matters, this may involve the use of several experts. Even if you can establish another party’s negligence, you may also have to defend against a claim of contributory negligence. However, if you can get through these steps, you will be entitled to recover personal injury compensation for the following:
- past and future medical and pharmaceutical expense
- lost wages and/or loss of wage earning capacity
- physical, mental, and emotional pain and suffering
- permanent and/or temporary disability.
For more egregious conduct, you may able to recover punitive damages.
Workers’ Compensation for Construction Accident Injuries
For injured workers, the path is not always so clear. Your claim may involve two very distinct steps. The first is to file a Workers’ Compensation claim with the North Carolina Industrial Commission. This can help ensure that your medical expenses are paid and that you recover for lost wages. Unfortunately, the Workers’ Compensation benefits are limited. They do not, for example, provide any compensation for physical pain and suffering. Therefore, even if you will experience a lifetime of pain, your employer does not have to pay you a single thing for it. The solution is often to investigate whether there is a third-party responsible for your injuries. For example, if you work for the general contractor but it is the owner’s negligence that primarily caused your injury, you can proceed in “tort” against the owner. This will allow you to recover pain and suffering compensation. One important thing to note is that, pursuant to the North Carolina law, your employer’s Workers’ Compensation insurer can attempt to seek reimbursement for its payments out of your third-party recovery. Fortunately, there are methods to defeat or limit those reimbursements.
Representation for Construction Accident Injury
The Charlotte, Raleigh, and Fayetteville personal injury lawyers of Maginnis Howard offer free consultations to victims suffering from a construction accident injury. If you are unable to make it to our office, our accident attorneys will travel to meet you. We also only represent construction accident clients on a contingency basis. This means that you are not responsible for attorneys’ fees unless and until we make a recovery from the responsible party. We also typically advance funds for safety experts so that you are not initially responsible for those costs.
Maginnis Howard regularly represents construction accident injury clients across North and South Carolina. We have three conveniently located offices in Charlotte, Raleigh, and Fayetteville. To schedule a free consultation with an experienced personal injury attorney, visit our contact page.
