Charlotte Construction Accident Lawyer

Our Construction Accident Attorney Helps You Obtain Workers’ Compensation

Construction accident injuries tend to occur while workers are on the job. This means that construction accidents very frequently involve making a workers’ compensation claim, which provides benefits to employees who are injured as a result of a work-related accident. When you contact our construction accident lawyers, we can help with your workers’ compensation case and ensure that you receive fair and full compensation for your accident-related expenses.

In North Carolina, workers’ compensation benefits cover:

• Medical and therapy bills for treating a construction accident injury
• Wage loss benefits that cover any periods of time in which you are unable to work due to recovering from your injuries
• Disability compensation if your construction injury caused permanent damage to the functionality of any body part
• Reimbursement for mileage to doctors’ appointments that are more than 20 miles roundtrip.

While workers’ compensation benefits are available to almost all workers in the state regardless of occupation or employer, construction workers are more likely than many others to be injured while working. In 2020, more than one in five work-related deaths happened in the construction industry.

At Sumwalt Anderson, attorney Mark Sumwalt is a North Carolina State Bar Board-certified specialist in workers’ compensation law. If an accident occurs, speak with our construction accident lawyers as soon as possible, to make sure you’re not under-compensated and you receive everything you’re owed.

Why Contact Our Construction Accident Lawyers?

When you work with our construction accident attorney, you can rest assured that our legal team is taking all steps to ensure that you receive the benefits you are owed. The workers’ compensation claims process involves many steps, and it’s important that you meet all deadlines. Let our Charlotte construction accident lawyer handle the heavy lifting while you focus on recovery.

• Obtain Benefits – Construction accidents can be serious. Accidents can and do occur even when workers and employers maintain safe conditions and follow safety guidelines. Because construction accidents can have long recovery times and can result in permanent injuries, it’s important to work with construction accident lawyers in Charlotte who are committed to helping you obtain fair and full benefits coverage. Serious injuries often incur greater costs, so it is critical that you receive enough financial benefits to cover such expenses. If an insurance company refuses to provide adequate coverage, we can help.
• Keep Your Claim on Track – When filing a workers’ compensation claim, it’s important to follow the necessary steps, adhere to deadlines, and make sure the paperwork is in order. If you’ve been hurt in a construction accident, you’ll also need to provide documentation pertaining to your injuries. Keeping everything on track can be a daunting process, especially when you need to focus on healing. Since missed deadlines and incomplete claims can jeopardize your ability to obtain compensation, let our construction accident lawyers and workers’ comp attorneys help.
• Appeal Denied Claims – While the purpose of the workers’ compensation program is to cover injured employees and to prevent and minimize financial losses following an accident, employers and insurance companies are too often reluctant to pay the appropriate benefits. While claims can be denied over missed deadlines or incomplete forms, sometimes companies question an injury’s severity or credibility. If your claim has been denied, contact a workers’ compensation attorney about appealing your claim right away.

It is easy to believe that the workers’ compensation system would provide straightforward and sufficient coverage for injured workers, as the system was designed to help workers. However, a successful workers’ compensation claim requires following many specific steps as well as taking extra steps to ensure that serious construction accident injuries are fully compensated.

Our construction accident lawyers in Charlotte have the experience and knowledge necessary to make sure you receive all of the benefits to which you are entitled.

Steps To Take Following a Construction Accident Injury

In order to obtain workers’ compensation benefits following a construction accident, there are several steps to take. Failing to take the necessary steps could hinder your claim’s success. As always, by contacting a construction accident attorney early in the process, you can be sure that you are taking the right steps to obtain benefits. After you’ve experienced an injury in a construction accident, follow these basic steps, as your condition permits:

• As soon as possible, notify your employer that you’ve suffered an injury.
• Obtain treatment and a medical evaluation. Your workplace may have an on-site healthcare provider or may send you to a designated medical facility or doctor.
• Let your healthcare provider know that you’ve been injured in a work-related accident. This will allow them to bill treatment as a workers’ compensation claim.
• Provide a written report about your injury to your employer within 30 days of the accident. A family member or friend can assist as needed. Keep a copy of this report for your records.
• Follow all instructions about treatment, therapies, and medications that you receive from a doctor and other health care professionals.

Be sure to hold on to all medical records and other documents and information pertaining to your accident and injury, as these materials are needed when filing a workers’ compensation claim. If you believe that another party’s negligence caused your accident, it’s imperative to speak with a Charlotte construction accident lawyer who can begin investigating your case.

Avoiding Construction Accident Injuries

Worker Safety is Top Priority

Any workplace can be dangerous and the site of accidents. Construction accidents, however, tend to be especially serious given the high-risk nature of construction work. Even though worksites must follow safety guidelines and regulations, sometimes employers and employees fail to prioritize safety. And even when safety is of paramount concern, accidents and injuries can still occur.

At construction sites, injuries can result from falls from ladders or scaffolding, fires, electrocution, being struck by an object, exposure to chemicals or harmful substances, and many other causes. Construction accidents can cause serious injuries, and some can lead to permanent disability. Head injuries and traumatic brain injuries, spinal cord injuries, and broken bones are just a few of the injury types caused by construction accidents.

Staying alert, using safety gear, following safety guidelines, and alerting managers and other employees about unsafe conditions can help prevent construction accidents.

Even safety-conscious workers experience construction accidents. Call our construction accident attorney if you’ve been hurt.

What Types of Injuries Can Construction Accident Lawyers Assist With?

If you are filing a workers’ compensation claim or a personal injury claim after a construction accident injury, a Charlotte construction accident lawyer can assist, regardless of the injury type. While construction accidents often involve fall injuries, burns, or machinery accidents, as described above, it’s important to be aware of other types of injuries for which you may be owed benefits.

Some construction accidents and injuries involve physical damage that builds up over time. For example, persistent and repetitive use of heavy machinery and exposure to deafening noise can potentially lead to damage to body parts and/or long-term hearing loss. If an employer consistently fails to provide proper safety gear and hearing protection, you may have a case for compensation. Similarly, after exposure to asbestos and other harmful substances, damage can take time to manifest. Not all construction accidents and injuries occur instantly.

Rule of Discovery

As discussed above, some construction injuries do not become apparent for some time. Because of this, North Carolina follows a rule of discovery.  Injuries caused by exposure to substances, loud noises, and other harmful agents often do not become apparent until some time has passed. The rule of discovery, creates an allowance for this.

Typically, injured workers have three years from the date an accident occurred in which they can file a personal injury claim.  The rule of discovery, as provided by N.C. Gen. Stat. § 1-52 (16), permits this three-year window to begin after a claimant becomes aware of his injury/condition.  In a workers’ compensation claim, N.C. Gen. Stat § 97-58, provides a two-year window to file a claim which begins following (1) diagnosis of a disease or condition by a medical professional and (2) disability, disablement, or death resulting from the disease or condition.

Construction Zone Injuries

Contact Our Construction Accident Lawyers in Charlotte If You Were Injured in a Construction Zone

Work zones and construction sites that intersect with public traffic can be especially dangerous. Road crew workers, for example, often work alongside passing cars. If drivers are negligent and are not careful, accidents can happen. When driving through construction zones, drivers often demonstrate negligence by:

• Texting and driving
• Operating a GPS while driving
• Not paying attention to the road
• Speeding.

If you’ve been injured by a motorist while working in a construction zone, our construction accident lawyers can help. While a motorist’s negligence may have caused the accident, it’s also important to consider whether a worksite had proper safety measures in place. Use of traffic cones, signage, and other warnings and indicators around worksites must be in place to keep workers safe. Failure of a municipality or company to post signs or to provide adequate warning could constitute negligence.

Third Parties and Construction Site Injury Lawsuits

In construction accident cases in North Carolina, injured workers are expected to seek compensation through the state’s workers’ compensation program. Because most employers must carry workers’ compensation insurance, these employers must offer workers’ compensation benefits to employees if they are injured while working.

Workers’ compensation is the sole remedy available to injured workers against their employer, meaning that employees cannot sue their employers for damages resulting from workplace accidents and injuries. However, construction site injury lawsuits are still an option in some cases.

Third parties, including people and entities aside from construction workers and their employers, could be sued after a construction accident occurs. Personal injury claims can be brought against various third parties, including:

• Other subcontractors and workers at a job site
• A product or equipment manufacturer
• A property owner.

Construction sites often involve many types of workers. If a subcontractor from another company disregards safety rules and negligently handles equipment or otherwise flouts safety rules, for example, they could be sued if an accident occurs.

Our construction accident attorneys can pursue negligent subcontractors, manufacturers, and property owners to obtain compensation for your injuries.

Construction accident lawyers in Charlotte also see injury cases resulting from defective products and equipment. If a piece of machinery malfunctions or a piece of safety equipment fails to engage, you may be able to file a construction site injury lawsuit involving a defective product.

Finally, property owners must maintain safe premises when construction workers are on site. If, for example, a property owner knew of a hazardous condition on the premises and did not rectify it or warn workers of the situation, resulting injuries could be grounds for a construction site injury lawsuit.

How Workers’ Compensation Claims Differ from Personal Injury Claims

Two of the major differences between workers’ compensation claims and personal injury claims is that in the former you don’t have to prove that your employer was negligent and any negligence on your own part is not a bar to recovery. You can still recover workers’ compensation if your own negligence caused or contributed to your injury. This is starkly different from personal injury claims. Personal injury claims are based on the concept of negligence. In other words, you need to show that someone’s negligence caused your injuries.

Another difference is the damages you can recover in both cases. In a personal injury claim, you can recover full compensation for all your economic losses and even for non-economic losses, such as pain and suffering. However, you cannot recover damages for non-economic damages in workers’ compensation.  Instead, you are limited to wage loss benefits, medical compensation, and permanent partial disability benefits (or payment of a rating).

Why Choose Us

Our Charlotte construction accident lawyers have an impressive track record.

The Charlotte construction accident lawyers at Sumwalt Anderson are experienced negotiators and litigators in construction accident cases. Attorneys Mark Sumwalt, and Richard Anderson put their decades of experience in helping victims of construction accidents recover workers’ compensation.

Our legal team goes over and beyond for our clients, and we have obtained astounding client results. We handle construction accidents, car accidents, motorcycle accidents, truck accidents, wrongful deaths, and many other types of claims. When you hire us, we’ll commit our experience and resources to help you get the maximum compensation for your injuries.

When Construction Accidents Happen, Count on Our Charlotte Construction Accident Lawyer

If you’ve been hurt as a result of a construction accident, you need to focus on recovery. Undoubtedly, you’re also concerned about expenses and how you will earn a living following a serious accident.

At Sumwalt Anderson, our construction accident lawyers have extensive experience helping injured workers with workers’ compensation claims. We’ve helped injured construction workers obtain fair and full benefits to cover their expenses, and our knowledge of and experience with personal injury cases lets us help injured workers hold negligent parties accountable.

To learn more about how we can help construction accident injury victims like you, schedule a free consultation with our legal team by calling (704) 377-3770 or filling out our website form.

Our legal team brings experience, knowledge, and responsiveness to your case, and we look forward to serving you.