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Salisbury Construction Injury Lawyer

Salisbury Construction Injury Attorney

Construction is statistically the most dangerous industry in America based on the number of workplace accidents and work-related fatalities reported from the construction field every year. If you or a loved one works in construction and recently suffered an injury at work, it’s vital to know your legal options for recovering compensation and the value of working with a Salisbury construction injury lawyer in your recovery efforts.

Salisbury Construction Injury Lawyer

Helping Victims of Construction Accidents Recover in Salisbury, NC

The attorneys at Ayers, Whitlow & Dressler have years of experience handling a wide range of complex work injury claims for clients in the Salisbury community and surrounding areas. Recovery will likely require a workers’ compensation claim through your employer, and the state enforces some of the most robust workers’ compensation laws in the country. However, it does not mean that filing your claim will be easy.

Many injured workers throughout the Salisbury area encounter unexpected difficulties with their workers’ compensation claims. They may be overwhelmed by the number of legal issues they must address following their injuries while contending with the complications of their recoveries. It’s also possible for an injured worker to encounter unexpected problems from their employer and/or their employer’s insurance carrier.

When you have legal counsel you can trust, it is much easier to approach the workers’ compensation claim filing process with confidence. Not only will you be more likely to succeed with your claim in a timely fashion, but your accident attorney may also uncover additional avenues of recovery you may not have realized were available to you. The attorneys at Ayers, Whitlow & Dressler approach every case we accept with the goal of helping our client recover as fully as possible.

Common Types of Construction Injuries Reported in Salisbury

Construction is an inherently dangerous field for many reasons. Most construction sites have unfinished structures that do not include the safety features found in finished buildings. Construction work also requires the use of dangerous equipment, complex machinery, and the movement of large building materials. Specialized vehicles are also required for most construction projects.

According to statistics gathered by the Occupational Safety and Health Administration (OSHA) and various other agencies, a few of the most commonly cited construction injuries in the United States include:

  • Injuries from falls. Falls account for most of the workplace injuries and fatalities reported in the construction industry each year. These accidents may happen involving ladders, scaffolds, electric lifts, or safety harness failure.
  • Electrocution. Any exposure to a live electrical current is potentially very harmful or even fatal. Electrocution can cause nerve damage, severe burns, and cardiovascular problems for the victim.
  • Injuries from falling objects. If tools, debris, or building materials are dropped or fall from a significant height, they can strike those below, potentially resulting in traumatic brain injuries and other harm.
  • Equipment-related injuries. Whenever any type of machinery malfunctions or is mishandled, the victim has the potential to suffer extreme harm, including lacerations, crushing injuries, or even amputations.
  • Vehicle accidents. Forklifts, dump trucks, loaders, excavators, and many other specialized vehicles are required for construction work, and these vehicles sometimes lack the safety features found in standard passenger vehicles. Any vehicle accident on a construction site can potentially cause a host of injuries.

These are just a few examples of common construction accidents and their resulting injuries. If you were injured while performing your job duties, you are likely covered by your employer’s workers’ compensation insurance policy.

Filing a Workers’ Compensation Claim in Salisbury

If you suffer any type of injury while working in Salisbury, you should report the incident to your supervisor immediately. They are required to file an incident report of the accident and provide you with the materials you will need to file a workers’ compensation claim. Under state law, almost every employer is required to have workers’ compensation insurance, and almost all regular employees are covered.

You can see any doctor for emergency treatment if you have suffered a serious injury, but a formal evaluation from a workers’ compensation doctor is likely to be required for your claim for benefits. Your employer must provide you with a list of local doctors you can visit for this evaluation, and the doctor you see will assign you a disability rating that reflects the severity of your condition.

Once you have a medical report from the workers’ compensation doctor and complete your claim forms, you are ready to submit your workers’ compensation claim to your employer’s insurance company. While this process may sound straightforward, working with a Salisbury construction injury lawyer can streamline the process substantially. You will also be well-prepared to address any unforeseen complications you encounter from your employer or their insurance company.

Workers’ Compensation Benefits for Construction Injuries in Salisbury

Workers’ compensation insurance serves two purposes. First, it protects a covered employer from facing civil liability for the injured employee’s damages, allowing employers in inherently dangerous industries to continue operations without risk of exorbitant financial liabilities. Second, this insurance provides financial relief to injured workers, helping them recover and return to work when possible.

An injured construction worker in Salisbury can typically expect two forms of benefits from a successful workers’ compensation claim. First is medical expense coverage. Their employer’s insurance company will pay for any medical treatment they need to recover as fully as possible from their injury, including the cost of future medical care for a serious injury. Second is disability benefits, which are more variable and awarded based on disability rating.

If you are able to work after your injury, but your earning power is diminished, and you cannot earn your usual level of income, the insurance company is likely to award you partial disability benefits. You will receive a payment each week based on the amount you are able to earn, so you must report your earnings to the insurance company to continue receiving these benefits.

If you cannot work at all while you recover, you are more likely to receive total disability benefits. Each payment will be roughly two-thirds of your average weekly pay, calculated based on your previous year of work. For example, if you usually earn about $1,800 per week, you should receive about $1,200 per week in total disability benefits. These payments can continue for up to 500 weeks or until you recover enough to return to work in the state.

Should you encounter any problems with your employer’s handling of your claim, or if you believe their insurance company has not handled your claim in good faith, your Salisbury construction injury lawyer can help determine your options for legal recourse in these situations. They may also help uncover avenues of additional recovery you did not realize were available to you.

Third-Party Personal Injury Claims for Construction Accident Injuries

While workers’ compensation insurance generally prevents an injured employee from suing their employer for a work-related injury, it is possible for a third party to bear fault for your recent construction injury. For example, if you were injured by a faulty product, the manufacturer could be liable for the injury under the state’s product liability laws. If you were injured while driving for work in an accident, the driver who caused the accident would be the responsible third party.

If you have grounds to file a third-party personal injury claim in Salisbury, it could enable you to recover compensation for damages that are not available through your workers’ compensation claim. For example, workers’ compensation may cover all your medical expenses but only provide partial compensation for lost income and lost earning capacity.

A successful third-party personal injury claim can enable you to recover compensation for the lost income your workers’ compensation claim cannot provide, and you can also seek pain and suffering compensation from the defendant. Depending on the extent and severity of the harm they caused, it could dramatically increase your total compensation.

It is important to remember, however, that while fault does not necessarily apply to a workers’ compensation claim, it is a major issue for a personal injury suit. It is possible for you to have caused your own construction injury or to have contributed to causing it and still qualify for workers’ compensation benefits. However, any fault on your part would preclude you from filing a personal injury suit under the state’s contributory negligence law.

What to Expect From Your Salisbury Construction Injury Lawyer

Ultimately, your recovery from a construction injury in Salisbury may be more complex than you initially expected, and the right attorney can make the process much easier while increasing your chances of maximizing your recovery. When you choose Ayers, Whitlow & Dressler to represent your case, you can rely on our team to leverage the full scope of our professional resources and experience for you.

It’s natural to have many pressing legal questions in the aftermath of a construction accident, and the sooner you reach out to experienced legal counsel, the more likely you will be to succeed with the recovery efforts you attempt. If you are ready to learn what a seasoned Salisbury construction injury lawyer can do for you, contact Ayers, Whitlow & Dressler today to schedule a free consultation with our team.