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Construction work carries a lot of natural risk. A job site is full of potential accidents waiting to happen. It’s critical that the appropriate precautionary measures be taken to avoid injuries. There are times, though, when injuries still occur. They may be minor, but given the danger a construction site can pose, there are times when the injuries may be quite significant. When you let a Gastonia construction injury lawyer represent you, you’ll have a team fighting to get what you deserve.
The injuries have costs that come with them as well. Medical bills, missed work, and the psychological effects of the injury all pile on a person. There is, though, a legal requirement for your employer or whoever is responsible for the injury to cover the costs. However, that’s not always easy to identify, and it can often lead to a difficult time getting the insurance companies that cover these claims to do what they should.
The attorneys at Ayers, Whitlow & Dressler are dedicated to protecting workers and ensuring they’re not taken advantage of. When you’re injured at a construction site, let them help.
Assuming that the injury came in the course of doing your job and wasn’t the result of horseplay, intoxication, or some other unsanctioned behaviors at work, then there are a number of parties who may potentially be at fault. While many people assume it’s your employer who is at fault for a workplace injury, that may not always be the case.
This is particularly true of a construction site in Gastonia, NC, where there may be many different parties involved because of the nature of the project. More parties mean that there is more opportunity for mistakes that could lead to injuries. Some of the parties that could potentially be at fault for a construction injury include:
One of the trickier aspects of a construction injury is determining what kind of claim you will need to make to seek recovery for your injuries. For the most part, this will be determined based on what parties should be held liable. In almost all cases where you or your employer is the one who is at fault for the injury, it will result in a worker’s compensation claim.
When it is someone other than your employer, it will likely be a personal injury claim. However, these general rules are not uniform in every situation.
Every construction injury is unique, and there are often situations where the circumstances surrounding an injury are complex. It’s not uncommon for multiple parties to be at fault. Understanding just how to go about seeking compensation from these different parties can be confusing. That’s why it is important to work with an experienced construction injury lawyer who will understand how to maximize your compensation.
If the party responsible for your injury is your employer, then your injury will most likely be covered by worker’s compensation. In North Carolina, with very rare exceptions, any employer who has a minimum of three employees is required to carry workers’ compensation insurance. The likelihood is that your employer falls into this category, and if you are injured, it will be the insurance company that will be responsible for paying your worker’s compensation.
There are times when the process may be simple and efficient; however, insurance companies are cautious and highly suspicious of fraud. They have a tendency to deny claims they shouldn’t or lowball the payout. This also helps their profit margins, so they have plenty of incentive not to treat you fairly. Working with the right lawyer can help pressure the workers’ compensation insurance companies to do the right thing.
To receive workers’ compensation, you will have to make sure that you follow the proper procedure. To begin with, you’ll want to make sure that you notify your employer promptly when you discover an injury, ideally within 30 days. To keep a paper record, it’s a good idea to notify them in writing.
You will also want to seek medical treatment and tell the healthcare provider that it’s work-related. It’s critical that you follow the medical recommendations that you are given and continue to attend any follow-up evaluations.
Your employer should provide you with the proper forms to fill out for the workers’ compensation claim. Be sure to fill out these forms promptly and return them to your employer. Once everything is returned, you will have to wait to hear a decision from the workers’ compensation provider. They will either deny your claim or approve it and explain the benefits that they are going to pay.
It can be helpful to contact a lawyer early on in the process. Not only can they help you understand the workers’ compensation process, but they can also help you understand if anyone else might be liable. They may be able to give you some idea of what kind of compensation package you should expect to receive. If your claim is denied or the compensation is not sufficient, a lawyer can help you dispute the decision and follow the appeal process as well.
The precise nature of what workers’ compensation should cover varies depending upon the nature and effects of the injury. There are four categories of disability that could be assigned with workers’ compensation, each with different compensation that can also vary based on the kind of injury:
The benefits that are paid will depend on the needs of your situation. A workers’ compensation lawyer can give you a better idea of what you should expect based on your specific circumstances. Some of the things that are covered include:
There are many possible situations when a work injury is not the fault of a worker’s employer. In these situations, it may be that a personal injury claim is the appropriate way to seek restitution for the injuries. To collect on a personal injury claim, your lawyer must demonstrate the three components of negligence on the part of the defendant. It’s necessary to prove these in order for the defendant to be held liable for your injuries. The three components are:
In a personal injury case, compensation is paid out through what is known as damages. Just as the injury needed a direct connection with the breach, the costs that you are seeking damages for need a direct connection with the injury. The damages in a personal injury claim are paid in three different categories:
An important thing to understand when considering damages in a personal injury claim in North Carolina is that the state operates off of a pure contributory negligence doctrine. This means that the defendant is given the opportunity to argue that the plaintiff is also at fault for their injuries.
This puts the burden of proof on the defendant’s lawyers, and they must prove the three elements of negligence on the part of the plaintiff. If they are able to do so successfully, then the defendant will not be allowed to collect any damages. This means an important component of bringing a personal injury claim is being able to defend against any fault on the plaintiff’s part.
If you’ve been in a construction injury, working with an on-the-job injury lawyer can be essential to ensuring you get the compensation that you deserve. Your lawyer can help you from start to finish through the process of seeking compensation and can represent you in negotiation and before the court.
If you contact a lawyer, like those at Ayers, Whitlow & Dressler, after an injury, one of the first things they can do is help you understand who may be responsible for compensating you based on the injuries you suffered and the circumstances around them. They can help you understand if your situation involves a workers’ compensation claim or personal injury claim. In either case, your lawyer can help you understand what should be covered if your claim is successful.
Your lawyer will investigate your case to see what was behind your injuries and who is potentially to blame for what happened. If it seems likely that your case could be headed for hearings and trials, they might gather together facts and evidence and interview witnesses regarding what occurred.
While much of this investigation may be centered on proving fault on the part of other parties, that may not be the only emphasis. If a personal liability claim seems likely, then it’s probable that your lawyer will also consider how the defendant’s lawyers may try to argue fault on your part. Your lawyer will likely also look for anything that may be helpful in defending against those accusations.
Your lawyer can help you and represent you through the complex processes of workers’ compensation and personal injury. They can help ensure that all forms are properly filled out, information is provided in a timely fashion, and proper procedure is followed.
This is essential because failing to follow the right process or errors in forms and other documents provided could lead to unnecessary delays and even a rejection of your claim. Seeing that things are done properly is critical to your efforts to get what you’re owed. Working with a lawyer is one of the surest ways to know you are doing the right things at the proper time.
Your lawyer can also act as your representative when negotiating with the insurance companies that are going to have to pay out your claim. There are situations where negotiating an agreement may be preferable to both parties as a way of avoiding lengthy hearings and court procedures. Your lawyer can represent you in these negotiations to see that you don’t get taken advantage of.
However, if those negotiations do end up in a dead end, your lawyer will be prepared to represent you through the legal process and to stand up for what you deserve in restitution for your injuries.
Construction injuries can often be serious and have significant consequences for those injured in them. The injuries can often be costly as well. Fortunately, the law does allow for those costs to be addressed and for the injured to seek a path to restitution. However, there are often a number of different challenges that can come up when trying to get what you deserve. One challenge is determining who’s at fault and whether the case is a workers’ comp claim or a personal injury claim.
In either case, these are usually paid out by insurance companies who may try to deny the claim or lowball you. This could mean the complex process of getting the legal system involved to get what you need. Working with a Gastonia construction injury lawyer can help you navigate through this process and give you a better chance of getting what you deserve.
At Ayers, Whitlow & Dressler, we work with those injured in a construction accident to see that they get what they deserve. Contact us to discuss your case today.
I was in a bad situation but John did everything that need to be done so I could have a clear mind with my financial situation, surgery, medical. John Ayers and team is the best!!…
My most sincere thanks for the most professional representation. You and your team have stuck by me through the years in dealing with this very stressful case. I admire your composure, work ethic and most…
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Christian was patient with me as we navigated my workman’s comp claim. He supported my rights to proper reimbursement. He explained what I should expect and was exactly right! I felt comfortable with his expertise.…
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