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Construction sites are some of the most dangerous places to work in our workforce. While many companies in Lincolnton, NC attempt to keep a construction site as safe as possible for all employees, accidents do still happen and lead to injured workers. Injured workers will then have to navigate the workers’ compensation process to get restitution to help them through the injury.
When you suffer an injury at a job site, you should consider taking on the services of a Lincolnton construction injury lawyer, like one from Ayers, Whitlow & Dressler. We can aid you with the process and advocate for you if the insurance company tries to prevent you from getting the benefits you need.
At Ayers, Whitlow & Dressler, we are committed to helping people through their hardship when they sustain an injury at work. We serve Lincolnton and other areas in North Carolina and are ready to advocate for you to receive benefits. Our legal team has been the recipient of awards and praise from local and national sources, and we know what it takes to help you through your case.
You’ll want an attorney and a law firm with experience in personal injury and workers’ compensation practices. We’ve handled numerous cases in both fields and can use that experience to advocate for you and get you an acceptable deal.
It’s no secret that construction sites are full of hazards for workers. The Occupational Safety and Health Administration, a federal government agency, says construction sites are the most dangerous workplaces in the country when accounting for injuries and fatalities. Some of the most common incidents on a construction site are:
In North Carolina, workers’ compensation generally covers injuries an employee suffers at a construction site. Any company that employs more than three employees must carry workers’ compensation insurance, as per regulations from the North Carolina Industrial Commission, the agency overseeing workers’ compensation in the state.
There are a few instances where an employer can legally deny a worker access to workers’ compensation benefits. The employer will have to demonstrate the injury did not occur on company property or during the normal course of the worker’s duties.
For instance, if the company finds out you were in an unauthorized area or doing something not permitted at the time of the accident, you may not have access to benefits. Likewise, if you were impaired while on the job, you will have a tough time claiming your benefits.
Filing for workers’ compensation benefits is a relatively easy procedure, but having an attorney to guide you through the process might be worth considering if you don’t want to delay the process with improper paperwork. The most important thing to remember after an injury at work is to remain calm and follow our guide to filing for workers’ compensation coverage.
Immediately after the injury, you’ll want to follow your employer’s policy for reporting an accident or injury. Speak with your supervisor, explain the situation, and fill out any paperwork you need for your company to officially record the accident. Once the company has an official report, it should take it to the workers’ compensation insurance company it has to begin the formal process. As soon as you can, you may want to reach out to a workers’ compensation attorney to discuss your case and represent you if you need help.
You’ll need to see doctors at your earliest convenience. You should speak with your physician to have them examine any injuries you have and provide a diagnosis. The company will likely ask you to speak with their physician for a medical review, and you should oblige. The doctor will assign you a disability rating to determine how much you can work and what level of benefits you should receive.
After all your medical reviews, you may need to speak to an insurance agent and answer their questions. Be honest and answer their queries as well as you can. A Lincolnton construction injury attorney can help prepare you for the interview.
When all the paperwork is done, your company will let you know if your workers’ compensation claim is approved. If the insurance company decides to deny your claim, you can speak with an attorney about filing an appeal if you believe you have legal grounds to receive restitution. There’s no set timetable for how long it takes to receive your workers’ compensation benefits. Some workers get their benefits in a few weeks, while others have to wait longer. Your attorney can give you a more precise estimate of how long you should expect to wait for your benefits.
When attorneys tell you time is of the essence with your workers’ compensation filing, they mean it. The statute of limitations for filing for workers’ compensation is two years after the injury. Once the two-year period is up, you won’t be able to seek restitution for your injury or help with medical bills stemming from it.
While two years may sound like plenty of time to file for assistance, that time will fly by faster than you may think. You might have some frequent trips to the hospital to try to recover from the affliction, and you will still be heading to work during that time. Filing for compensation may slip your mind as you recover and get back into the swing of things.
Workers’ compensation laws typically prevent an employee from filing a claim against their employer after an accident or injury on a construction site. In most cases, a construction worker’s only method of financial restitution after an injury on the job is through workers’ compensation. However, workers can file a claim in some circumstances.
If a workplace injury occurs due to negligence on the part of a coworker or your employer, you may have legal recourse to bring a claim against the person or the company. Workers can also file a claim against their employer if the company does not have workers’ compensation insurance. Negligence is difficult to prove, and you’ll likely want to have a Lincolnton construction injury attorney with you to handle the situation. You’ll need to show the company created an unsafe environment and did not attempt to improve the conditions. Let’s look at a few examples.
Construction equipment and heavy machinery require regular maintenance to keep them in working order and prevent injuries. Some companies do not do proper maintenance on their equipment, and when a machine breaks, it can cause a massive injury to a worker. If you can prove a company was negligent in maintaining a piece of equipment, you’ll have a chance at receiving additional compensation with a claim.
Another example is safety equipment on the site. If you notice a piece of scaffolding seems unsafe and needs to be replaced and report it to your superior, you should expect your company to look to remedy the situation. If someone gets hurt on the scaffolding, they may have an opportunity to file a claim against the company for negligence. You can also bring a claim against a coworker if their negligence led to an injury. If a coworker is acting in an unsafe way that leads to an injury, you have legal grounds to seek restitution in many scenarios.
Before trying to file any claims, you should speak with an attorney and talk through the situation to get their perspective on the matter. You may think you have an open and shut case, but your attorney can provide a different perspective and give you an objective view of how likely your case is to succeed.
You are under no legal obligation to hire an attorney to handle your construction injury case and assist you with filing for workers’ compensation or any claims. However, having an experienced Lincolnton construction injury lawyer on retainer is a way to tip the odds in your favor when fighting for the benefits you deserve.
After an injury, your top priority should be getting better and taking it easy until you can return to work. If you spend all your time working through paperwork and bureaucracy, you won’t leave yourself enough time to rest. You can pass this task off to an attorney who can fly through the paperwork and check it for any errors that may affect your benefits.
Your attorney will be both empathetic and unbiased in their appraisal of your situation. You can rely on your lawyer to give you a straight answer about your chances and what to do if you hit a snag while seeking benefits. A Lincolnton attorney will also act as a safety blanket for you, as you won’t have to worry about the minutiae of the case and can pass the tough stuff off to someone with experience in similar cases.
Construction accidents are no joke, and any time something goes wrong on a job site, employees can wind up severely injured or dead. If you sustained an injury on a construction job, you likely are entitled to compensation and should speak with a Lincolnton attorney.
At Ayers, Whitlow & Dressler, we have experience handling numerous cases of construction accidents. Contact us for a free consultation and see how we can help you get compensation to offset your medical expenses and missed wages.
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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…
Christian was handling a situation for my brother-in-law when my brother-in-law unexpectedly passed away. He followed up until the matter was resolved. He was easy to contact and always got back to me. I would…
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.…
During an extremely stressful event in our lives we sought out the services of a Workers Compensation Attorney. Christian Ayers came highly recommended. He was great to work with and explained everything in detail, making…
When I went to see John the company Lawyers had offered me $26K for an on-the-job injury that resulted in leaving me a paraplegic. We met and John immediately put me at ease. He explained…
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John really understands the laws and is willing to go the extra mile to make things easier for his clients. I really liked the “ no nonsense “ approach in an industry that doesn’t make…
Mr. Ayers is the best attorney I've ever had the privilege to work with. Not only is he a knowledgeable professional, but he's honest and truly cares about his clients. He was a crucial part…