Construction Accident Injuries and Workers’ Compensation in North Carolina
Construction accident injuries can be life-changing, leading to physical, emotional, and financial hardships for workers and their families. Construction sites are inherently dangerous places where workers face numerous risks every day. Whether working at heights, operating heavy machinery, or dealing with hazardous materials, the potential for accidents is significant.
If you’ve been injured in a construction accident in Gastonia, North Carolina, it’s essential to understand your legal rights. A Gastonia workers’ comp lawyer can help you navigate the workers’ compensation system and get the benefits you deserve.
Construction Accident Injuries
The construction industry has many hazards. Below, we discuss some of the most common types of construction accidents.
Falls from Heights
Falls from heights are one of the leading causes of injury and death in the construction industry. Workers who are required to work on scaffolding, roofs, ladders, or elevated platforms are at significant risk. These types of accidents can lead to severe injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and even fatalities.
Machinery Accidents
Heavy machinery, such as cranes, bulldozers, and backhoes, plays a crucial role in construction work. However, accidents involving machinery can cause serious injuries. Whether from being struck by equipment, getting caught in moving parts, or being crushed under heavy machinery, the consequences can be devastating. Workers may suffer from amputations, crush injuries, or broken bones.
Electrocution
Construction sites often involve working with electrical systems or close to live wires. Electrocution injuries are common, especially in cases where electrical safety standards are not followed. These injuries can result in severe burns, heart damage, or even death. If electrical lines are not properly marked or maintained, workers may unknowingly come into contact with dangerous voltage.
Burn Injuries
Construction workers are also at risk for burn injuries, especially those working with welding equipment, hot surfaces, or flammable materials. Whether caused by electrical fires, chemical burns, or exposure to extreme heat, these injuries can leave permanent scarring or disfigurement. In severe cases, burns can lead to life-threatening conditions and require long-term medical treatment.
Repetitive Stress Injuries
Repetitive stress injuries (RSIs) are a common problem for construction workers who perform the same motion repeatedly over time. This includes activities like hammering, lifting heavy objects, or operating machinery. RSIs can lead to musculoskeletal problems such as tendinitis, carpal tunnel syndrome, or lower back pain. While these injuries may develop slowly, they can have a significant impact on a worker’s ability to perform their job.
Exposure to Hazardous Materials
Construction workers are often exposed to hazardous materials such as asbestos, lead, and silica dust. Long-term exposure to these substances can lead to serious health problems, including lung disease, cancer, and neurological disorders. Protective measures must be taken to minimize the risk of exposure, but if a worker develops an occupational illness due to exposure to hazardous materials, they may be entitled to compensation.
Heat Stress
Construction work can be physically demanding, and when combined with hot weather, it can lead to heat stress. Heat-related injuries, such as heat exhaustion or heat stroke, can be dangerous and even fatal. Workers who perform strenuous tasks in high temperatures without proper hydration or rest are at risk of developing heat stress, which can lead to symptoms such as dizziness, nausea, and confusion.
What to Do After a Construction Accident in Gastonia, NC
If you’ve been injured in a construction accident, there are several important steps you should take to protect your health and legal rights.
Seek Medical Care
Your health should be your top priority after a construction injury. Even if the injury seems minor, it’s essential to get checked out by a medical professional. Some injuries may not show symptoms immediately but can worsen over time. Getting prompt medical attention also ensures that your injury is properly documented, which will be important when filing a workers’ compensation claim.
Report the Accident to Your Employer
Notify your supervisor or human resources department immediately after a construction accident injury, and be sure to document the date and time of the report.
In North Carolina, workers must report work injuries to the employer within 30 days. Your claim could be denied if you don’t report the accident by the deadline.
Keep Records
Maintain detailed records of your injury, medical treatments, and any communication with your employer. Keep copies of all medical bills, doctors’ notes, and any other relevant documents. This will be crucial in supporting your workers’ compensation claim and ensuring that you receive the benefits you deserve.
Contact a Workers’ Compensation Lawyer
Navigating the workers’ compensation system can be complicated, especially when dealing with a construction accident injury. A Gastonia workers’ comp lawyer can help you understand your rights, ensure that all necessary paperwork is completed, and guide you through the legal process. An experienced attorney can also advocate on your behalf if your claim is denied or if you are not receiving the full benefits to which you are entitled.
Workers’ Compensation Benefits for Construction Injuries
Workers’ compensation benefits in North Carolina are designed to provide financial assistance to workers who are injured on the job. These benefits cover medical expenses, lost wages, and, in some cases, vocational rehabilitation. Below are the different types of workers’ compensation benefits available to injured construction workers in North Carolina.
Medical Benefits
Injured construction workers are entitled to medical treatment related to their work injury. This can include doctor visits, hospital stays, surgeries, prescriptions, and physical therapy.
Temporary Total Disability Benefits
If a worker is unable to return to work due to their injury, they may be entitled to temporary total disability (TTD) benefits. These benefits typically replace a portion of the worker’s lost wages while they are unable to work. TTD benefits are usually paid at a rate of two-thirds of the worker’s average weekly wage.
Temporary Partial Disability Benefits
If an employee can return to work in a light-duty job, they may qualify for temporary partial disability (TPD) benefits. These benefits help cover the gap between what the worker is now earning and what they used to earn each week before the injury.
Permanent Partial Disability Benefits
When a construction worker suffers a permanent injury that limits their ability to perform certain tasks or jobs, they may be entitled to permanent partial disability (PPD) benefits. The amount of PPD benefits depends on the severity of the injury and how much it affects your ability to work.
Permanent Total Disability Benefits
If a worker is permanently and completely disabled due to their injury, they may be entitled to permanent total disability (PTD) benefits. PTD benefits provide ongoing financial support to workers who cannot perform any type of employment.
Vocational Rehabilitation
Vocational rehabilitation services help workers who cannot return to their previous jobs after construction accident injuries. These services can include job retraining, resume building, and job placement assistance. Vocational rehabilitation is designed to help injured workers find new jobs and return to the workforce.
Death Benefits After Fatal Construction Accidents
In the tragic event that a construction worker dies due to a workplace accident, their surviving family members can receive death benefits. These benefits typically include financial compensation for lost wages, funeral expenses, and other costs related to the worker’s death.
A Gastonia Workers’ Comp Lawyer Can Help Construction Workers
When you’ve been injured in a construction accident, the path to securing workers’ compensation benefits can be complicated and overwhelming. This is especially true in the construction industry, where injuries can be severe and may require extensive medical care or rehabilitation.
A Gastonia workers’ comp lawyer can help you navigate the workers’ compensation process and secure the benefits you deserve.
Navigating Workers’ Compensation in North Carolina
The workers’ compensation system in North Carolina can be complex, with specific rules and deadlines that must be followed. A Gastonia workers’ comp lawyer can guide you through the entire process, from reporting the injury to filing your claim.
Your attorney will help you understand the documentation required and ensure that all paperwork is submitted correctly and on time to avoid delays or denials.
Maximizing Workers’ Comp Benefits
One of the primary reasons to hire a workers’ compensation attorney is to ensure you receive the maximum compensation. A workers’ compensation lawyer can advocate for the full benefits you deserve, including medical expenses, wage replacement, and compensation for permanent disability.
Handling Denied Claims
Unfortunately, workers’ compensation claims are sometimes denied for various reasons. Insurance companies may argue that the injury wasn’t work-related or that the necessary paperwork wasn’t submitted.
If your claim is rejected, a Gastonia workers’ comp lawyer can help by gathering additional evidence, negotiating with the insurance company, and filing an appeal if necessary.
Construction Injury FAQs
Can you sue your employer for a construction accident?
In North Carolina, you generally cannot sue your employer for construction accident injuries. There are some exceptions, such as intentional harm or gross negligence.
Someone besides your employer could be liable, such as equipment manufacturers, subcontractors, or property owners. Our attorneys can evaluate your case for free and explain your legal options.
When can workers file a construction accident lawsuit?
You can file a third-party claim against someone besides your employer if they caused the construction accident. For example, manufacturers can be held responsible for making defective machinery. Subcontractors or property owners may be liable for careless actions.
A third-party personal injury claim allows you to seek additional compensation outside the workers’ compensation system, including pain and suffering.
What is the deadline to file a workers’ compensation claim in North Carolina?
You have two years from the date of the injury or accident to file a workers’ compensation claim with the North Carolina Industrial Commission. For occupational diseases, the two-year period usually starts when you are diagnosed or disabled by the disease.
How can construction accident injuries be prevented?
Preventing construction accident injuries starts with making safety the top priority on every job site.
Employers should follow all OSHA (Occupational Safety and Health Administration) regulations and provide proper safety training to every worker. This includes instructions on how to use equipment safely, how to recognize hazards, and what to do in an emergency. Wearing the right protective gear—like hard hats, safety goggles, harnesses, and steel-toed boots—also plays a key role in preventing serious injuries.
Regular safety inspections are another important step in keeping construction sites safe. Employers should check equipment, scaffolding, ladders, and other materials to make sure everything is in good working condition.
Clear communication is important. Workers need to know who to report hazards to and how to respond when they spot a problem. When everyone on the site is alert, trained, and committed to safety, many construction-related injuries can be avoided.
Contact Our Construction Accident Lawyers for a Free Case Review
Construction accident injuries can have long-lasting effects on a worker’s physical and financial well-being. If you’ve been injured in a construction accident in Gastonia, North Carolina, it’s important to understand the workers’ compensation benefits available. An experienced Gastonia workers’ comp lawyer can help you navigate the process and obtain the full compensation you deserve.
We specialize in helping injured construction workers in Gastonia and the surrounding areas. Our dedicated North Carolina workers’ comp attorneys are here to guide you through every step of your workers’ compensation claim and fight for the benefits you deserve.
Contact us today for a free consultation.
