Construction is one of the most critical industries in the United States, and thousands of people living in Leland and throughout North Carolina participate in the construction industry every day. Unfortunately, construction is one of the most inherently dangerous industries in which anyone can work, accounting for a large share of the total number of workplace injuries and deaths reported in the United States each year.
When a work injury occurs, state law dictates that all employers must have workers’ compensation insurance that comes into play to compensate injured workers for their medical expenses and the income they cannot earn while they recover. In most cases, workers’ compensation also serves as job security, ensuring the injured worker has a job to which they can return once they are medically fit to work again.
If you or a loved one recently experienced a workplace injury in the construction sector, you likely have the right to file a workers’ compensation claim through your employer to secure appropriate compensation for your damages. If you were injured by a construction accident as a bystander, you likely have grounds to file a personal injury claim against the party that caused the accident. In either situation, the team at Christina Rivenbark & Associates is ready to provide the comprehensive legal representation you need on your side as you navigate your recovery efforts.
State law requires all North Carolina employers to have workers’ compensation insurance. The purpose of this insurance is twofold. First, it provides protection to employers from civil claims filed by injured workers. Instead of suing their employers for workplace injuries, injured employees file workers’ compensation claims and secure benefits through employers’ insurance. Second, it provides financial support and job security to injured workers.
If you work in construction and experience any accident resulting in injury, you likely have grounds to file a workers’ compensation claim. If your employer does not have workers’ compensation as required by law, you can proceed with filing a personal injury claim against them, and they will also face disciplinary action from the state.
Your Leland construction accident attorney can be incredibly helpful in navigating the workers’ compensation claim filing process. They will assist you in completing all necessary claim forms and meeting any other procedural requirements, such as a mandatory medical evaluation from a workers’ compensation physician. Once you are ready to file your claim, they will ensure that your employer’s insurance carrier handles the claim in good faith.
A successful workers’ compensation claim typically yields two types of compensation to the claimant once approved. First, the insurance company will cover the cost of any and all medical care the victim requires to reach maximum improvement from their injury. Second, the insurance company will pay ongoing disability benefits until the claimant is able to resume their job duties.
If your construction accident happened due to the actions of a specific party outside the scope of simple negligence, there could be grounds for additional legal action outside of your workers’ compensation claim. Workers’ compensation insurance generally prevents injured employees from suing their employers, but there are exceptions to this rule. Additionally, if you were injured as a bystander and do not have the option of filing for workers’ compensation benefits, you will need to proceed directly to filing a personal injury claim against the party responsible for your injury.
Succeeding with a personal injury claim in the state requires identifying the party responsible for the injury and a complete explanation of all resulting damages. The plaintiff must not only prove the defendant’s actions caused actual harm but also prove the full extent of the harm done as well as establish causation. This means that if you intend to file a civil claim for damages, you must prove the defendant is fully responsible for your claimed damages, and they did not result from some other cause.
If you choose Christina Rivenbark & Associates to represent you in a construction accident personal injury claim, we can potentially help you recover:
Depending on the exact cause of your construction accident, other variables may also come into play to influence your final recovery. For example, you could be awarded punitive damages if any egregious negligence or intentional misconduct caused your injury. When you choose Christina Rivenbark & Associates as your legal representation, we will thoroughly explore every channel of recovery that might be available to you to help you enhance your recovery as much as legally possible.
A: It may be technically possible to pursue compensation for a construction accident in Leland without hiring legal counsel, but your recovery may require both a workers’ compensation claim and a personal injury claim. In both situations, having legal counsel you can trust is an invaluable asset that significantly improves your chances of maximizing your recovery. The cost of hiring your attorney is easily offset by the difference in the amount of compensation they are likely able to secure on your behalf.
A: When you choose Christina Rivenbark & Associates to represent you in a construction accident case, our fee is a percentage of your total case award. You do not pay any upfront legal fees to hire our team, and you are not required to pay anything for the duration of your case. Additionally, there is no fee at all if we cannot secure compensation for your damages. When we win your case, we take a percentage of the total amount recovered.
A: The total compensation you could obtain for your damages depends on the severity of your injuries and the manner in which your accident occurred. If you can only rely on workers’ compensation to recover, you can expect full coverage of your medical expenses and ongoing disability benefits each week that amount to roughly two-thirds of your average weekly wage. If you have grounds for a personal injury claim, you could potentially secure much more, including the remainder of your lost income and compensation for your pain and suffering.
A: If you have an experienced Leland construction accident attorney helping you file your workers’ compensation claim, it should only take a few weeks for you to receive your settlement offer from the insurance carrier. However, if any disputes arise between you and the insurer, this will extend the time it will take to receive your benefits. Your Leland construction accident attorney can streamline the claim filing process significantly.
A: If you have grounds to file a third-party personal injury claim after a construction accident, or if you were injured as a bystander and do not have the option of filing a workers’ compensation claim, you must file a personal injury claim against the party responsible for your injury within three years. Do not assume this is more than enough time; it is always advisable to secure legal counsel and start the claim filing process as soon as you can to have the greatest chance of success with your case.
Christina Rivenbark & Associates offers personalized, comprehensive legal counsel for victims of construction accidents in Leland. We know how damaging these incidents can be and the many legal questions you are likely to have in the aftermath of your accident. Our team can provide the guidance and legal support needed to maximize the results of your recovery efforts. If you are ready to speak with an experienced Leland construction accident attorney about your case, contact us today to schedule a free consultation with our team.