Construction work is a dangerous occupation, and the danger spreads to anyone who may venture in or around the site. According to the North Carolina Department of Transportation, 6,542 people were injured in construction, utility, and maintenance work zones across the state in 2019.
Many injuries caused by construction accidents are preventable, especially among workers. Employers have a responsibility to provide a safe workplace for their workers, but sometimes construction companies and general contractors are negligent in their duties, and innocent victims are harmed as a result.
These companies should be held accountable for their negligence, and the injured workers deserve to be compensated for getting hurt on the job.
Fighting for the full amount of compensation that you need is overwhelming for people who are not recovering from serious injuries. When you have been in a terrible accident and are in excruciating pain, the last thing you should be worried about is an intense legal battle.
That is why the talented construction accident lawyers at Tatum & Atkinson are so passionate about winning your case to get you the compensation you need and deserve. We take care of the fight so you can recover and spend time with your loved ones.
What Will a North Carolina Construction Accident Attorney Do if a Non-Worker Was Injured on a Construction Site?
Workers are not the only ones who get hurt on construction sites. Some victims may not realize they are in an active construction zone and become injured due to a lack of signage or proper barricades.
Visitors to construction areas are also at risk for injury and should be protected by someone working on the site. For example, the owner of the property being constructed may come by to inspect the work being done, or a worker might order food to be delivered.
The owner and delivery person may not have experience with construction sites and will not know how to stay safe without an experienced working team member assisting them.
Some ways to keep construction site visitors safe include the following:
- Guide all visitors through the area and avoid proximity to potential dangers
- Emphasize how important safety precautions are and provide safety equipment, if applicable
- Try to schedule visits to dates or times with less hazardous activities being performed
- Be sure all visitors adhere to the rules, particularly by staying with their guide and wearing protective equipment
- Keep hazardous areas barricaded or locked to prevent accidents
- Inform other workers of the presence of visitors
Will Workers’ Compensation Cover My Injury Expenses?
In North Carolina, most workplace accident injuries are covered by workman’s compensation.
A construction accident attorney will help ensure you get all your injury-related expenses fully covered in a timely manner. However, not all workers qualify for workers’ compensation, and not all construction accidents involve workers.
In order for workers’ compensation to cover your injury expenses, you must:
- Work for an employer with three or more employees, according to the North Carolina Industrial Commission
- You must have been injured while working
- Your injury must have been caused by doing your job
- Your injury must have been accidental
Who Is Responsible for Keeping Construction Workers Safe While on the Job?
The Occupational Safety and Health Administration sets guidelines for construction companies to follow in order to maintain a safe workplace. When there are known hazards at a job site, the construction workers must be given proper safety equipment and education to protect them.
All machinery and equipment must be properly maintained, and the job site must be kept as safe as reasonably possible. Workers also have a responsibility to not simply accept unnecessary risks while working and to report all injuries to management.
Construction accident attorneys will protect your legal rights and help you get justice for your injuries. They will help you get workers’ compensation if your injuries were the result of your employer’s negligence, and they will help you file a personal injury lawsuit if another person or entity caused your injuries.
What Happens During a Construction Accident Lawsuit in North Carolina?
A typical construction accident lawsuit involves a victim of harm, the plaintiff, and another person or entity that allegedly caused the harm, the defendant. The plaintiff filed a civil complaint against the defendant in an attempt to recover financial compensation for the damages suffered.
The plaintiff must prove that the negligent or careless actions of the defendant are what caused the accident that resulted in the plaintiff’s harm. The harm may be a physical injury, financial loss, negative change in lifestyle, or death.
Construction accident cases are often resolved through negotiations carried out by personal injury lawyers. When a satisfactory resolution is agreed upon by both sides, a document is typically signed stating that the matter is resolved.
The agreement will include the agreed-upon payment amount as well as the understanding that neither side will pursue any further legal action on the matter.
How Do People Get Hurt on Construction Sites?
Safety must always be the top priority on any construction project. Construction workers are on site the most and are, therefore, the most at risk for injury.
There are countless ways a construction accident can occur, and many of them involve the employer’s lack of supervision or being negligent of proper safety measures. Serious injuries have occurred because of simple oversights.
Injuries caused on construction sites happen fast and completely change the lives of the victims and their families. Some of the most common injuries from construction accidents include the following:
- Broken Bones
- Brain Injuries
- Crush Injuries
- Hearing Loss
- Concussions
- Burns
- Spinal Cord Injuries
- Eye Injuries
- Neck Injuries
- Amputations
- Slip and Fall Injuries
- Head Injuries
- Lacerations
- Injuries From Defective Equipment
- Wrongful Death
What Should I Do After Getting Injured in a Construction Accident?
The most important thing to do after any type of accident is to get proper medical care. You only have one body, and it is vital that you take care of it to the best of your abilities.
You may not be aware of the extent of your injuries right away because your adrenaline will be masking a lot of the pain. Medical professionals may be able to lessen the severity of some injuries.
For example, after a blow to the head, doctors can stop the bleeding inside your skull, but if you wait to get medical attention, the bleeding may cause irreparable brain damage or death.
You must also report the accident and your injuries to your employer if the accident happened while you were working. Waiting too long to inform your employer of your injuries gives them a window to argue that your injuries were not that serious or that they occurred elsewhere. It is in your best interest to not delay.
It is also in your best interests to contact a North Carolina construction accident lawyer as soon as possible after your accident. Your lawyer will protect your rights and keep you from getting taken advantage of by large insurance companies that will try to get you to accept a low settlement offer.
How Will I Be Compensated For My Construction Accident Injuries?
The vast majority of any type of personal injury compensation comes from insurance companies. This is true for both worker injuries and non-worker injuries.
Insurance companies offer lower amounts of compensation than what most victims are entitled to receive, especially when workers are unable to return to their jobs. Your construction accident attorney will file for compensation for damages according to your unique situation, such as the following:
- Medical Expenses
- Lost Wages
- Lost Future Earning Potential
- Rehabilitation Treatments
- Accessibility Alterations for Disabilities
- Property Damage
- Pain and Suffering
- Wrongful Death
The North Carolina construction accident lawyers at Tatum & Atkinson know how to handle difficult insurance companies and will make sure you get what you deserve. Our lawyers investigate your accident to also find any other parties that may have played a part in causing your accident and will file claims against them as well.
With over 65 years of combined legal experience, we know how to resolve your legal issues and will answer all your questions while keeping you informed of your case’s progression.
How Will a North Carolina Construction Accident Attorney Handle My Case?
If you or your loved one has been injured in a construction accident, the experienced construction accident lawyers at Tatum & Atkinson will help you by taking care of the following:
- We will manage your case from the beginning until it’s completed
- We will file all the necessary paperwork, including your insurance claim or lawsuit
- We will collect the crucial evidence that proves fault and liability
- We handle all communications with the appropriate insurance companies for you
- We fight for the compensation you rightfully deserve so you do not have to
It is not uncommon for construction accident victims to not know or remember what happened to cause their injuries. Sometimes, they are injured too badly to remember, but oftentimes, there is so much going on around them, and the accident happened so fast that the victim did not see it coming.
Our North Carolina construction accident lawyers investigate the accident to find out what exactly happened and what led up to the accident. We will discover who was at fault and gather the necessary proof to build your case.
We will hold the responsible parties liable for your damages by filing claims against them. We will handle all communications and negotiations for the best possible settlement on your behalf and represent you in court if you decide not to accept their offers.
The decision on whether or not to accept an offer is always yours, and we will provide guidance for you.
Can I Take My Employer to Court for Compensation for My Injuries?
Due to the laws surrounding workers’ compensation, injured employees are not able to file lawsuits against their employers, according to the North Carolina Industrial Commission. The law requires employers to have insurance to cover their employees in the event of injuries from accidents.
There are very few exceptions, and fault is not a factor when it comes to coverage for workplace injuries.
Your construction accident attorney can still help you through the filing process and will make sure that you are treated fairly, but you will not be able to file a personal injury claim in addition to the workers’ compensation. We will, however, search for any additional sources of liability for the accident for possible product liability claims, premises liability, or other third-party claims.
These other potential sources depend entirely on the circumstances of your accident.
Call the North Carolina Construction Accident Law Firm, Tatum & Atkinson, for a Free Consultation
The experienced construction accident attorneys at Tatum & Atkinson: The Heavy Hitters will fully investigate your case and are dedicated to helping injured victims get the best possible outcome from their claims. They will handle your workers’ compensation claims as well as any possible claims against third parties.
With over 65 years of combined legal experience, Tatum & Atkinson know how to handle insurance companies and corporations that may be trying to brush your case aside. You can trust us to take care of your legal issues while you focus on your recovery.
We take care of everything without charging you anything until you receive your settlement or a favorable verdict from the court.
Call Tatum and Atkinson today at (800) LAW-0804 for a free consultation so we can answer your questions and discuss your legal options. If you decide to hire us, you will be getting the full force of North Carolina’s Heavy Hitters on your side.
