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Construction is one of the most essential industries operating in the United States. Unfortunately for those who work in the field, it is also one of the most dangerous industries in which one can work, accounting for the largest share of workers’ compensation claims and missed days from the job due to injury each year. Construction workers face various hazards every day at work, and sometimes these hazards cause catastrophic injuries.
If you or a loved one recently suffered any type of injury while working construction in Monroe, a construction injury lawyer is the best asset to have on your side as you work toward securing compensation for your losses. North Carolina enforces strict workers’ compensation laws that require all employers to carry workers’ compensation insurance. In addition, construction industry employers have very specific regulations they must follow to prevent injuries to their workers.
While the workers’ compensation claim process might seem simple enough at first, the reality is that many injured construction workers face unforeseen difficulties with their claims. Some of these individuals may have grounds for legal action outside of the workers’ compensation system, which, if successful, can enhance their overall recovery. Ayers, Whitlow & Dressler has years of experience handling Monroe, NC, construction injury claims. We can help our clients navigate their workers’ compensation claims and related legal proceedings when their situations demand such action.
It’s vital to have legal counsel you can trust if you want to maximize your recovery from a construction accident injury. Your legal team can assist you with every aspect of your case, from filing the initial workers’ compensation claim forms to pursuing legal action outside of the workers’ compensation system if your situation calls for it. Attempting to handle all of these issues on your own effectively puts your recovery in jeopardy. Instead of risking your recovery on a technicality or other issue that an attorney could have prevented, have an experienced Monroe construction injury lawyer represent you.
Workers’ compensation exists to provide relief to workers injured on the job. However, construction accidents can easily lead to life-changing injuries, some of which may result in lifelong disability and inability to work. When these accidents occur due to the actions of third parties outside of the victim’s workplace, they have the ability to pursue third-party personal injury claims and their workers’ compensation claims.
Whatever your unique situation may entail, you will be better equipped to handle the problematic legal proceedings ahead of you when you have an experienced Monroe construction injury attorney on your side. Your legal team can guide you through the workers’ compensation claim process and help you explore additional legal options that may help you recover. The attorneys at Ayers, Whitlow & Dressler have successfully helped many construction accident victims recover the compensation they needed following their injuries on the job. We’re ready to put this experience to work for you.
Construction often involves working in inherently dangerous places such as unfinished buildings. Many of the structures that construction workers build do not have the standard safety features of completed buildings until the latter stages of construction. Some of the most commonly reported construction-related injuries in Monroe, NC, include:
Ultimately, any construction injury has the potential to not only cause tremendous damage to the victim but also interfere with their ability to resume their jobs after initial recovery. A workers’ compensation claim can allow the injured worker to secure coverage for their medical expenses. They may also qualify for disability benefits that repay a portion of the income lost during recovery.
When an injured construction worker has grounds to file a workers’ compensation claim, they must notify their supervisor of their injury immediately and request the appropriate forms to file their claim. In an emergency, the victim will need medical attention before anything else, and they can begin their claim process once they stabilize.
Workers’ compensation is a form of insurance coverage, and filing a claim for workers’ compensation benefits is similar to filing any other type of insurance claim. The claimant must complete all necessary claim forms and submit the claim as soon as possible. While there is typically a 30-day time limit in which to file a claim, it is always best to submit a workers’ compensation claim as quickly as possible.
Once the insurance company receives the claim, it will investigate the matter and review the employer’s policy to determine the claimant’s eligibility for benefits. Workers’ compensation generally provides two types of compensation to claimants: The insurance company will pay for all of the claimant’s medical expenses, and they will provide disability benefits that reflect the claimant’s injury and ability to work.
Claimants can typically expect to receive full compensation for all medical treatment they require for their injury. This includes immediate medical costs such as hospital bills as well as any ongoing treatments they require to fully heal or manage their symptoms. When it comes to disability benefits, North Carolina law allows workers’ compensation insurance carriers to disburse disability benefits in one of four possible formats:
Your Monroe construction injury lawyer can help you complete your claim forms and handle correspondence with the insurance company on your behalf. In addition, should you encounter any issues with your claim, such as an unfair denial or a lowball settlement, your attorney can help you address these issues and negotiate with the insurance company on your behalf.
Many people who suffer injuries at work wonder whether they have grounds for legal action against their employers. The workers’ compensation laws of North Carolina typically prevent injured workers from suing their employers for workplace injuries, but exceptions to this do exist. For example, if your employer does not carry workers’ compensation insurance as required by law, you would likely have grounds for a claim. Likewise, if someone outside your workplace caused the injury, you would also have grounds for a civil claim.
Third-party personal injury claims can potentially allow the victim of a construction injury to recover more compensation than what workers’ compensation offers. For example, if a construction worker were hit by a negligent driver while performing their job duties, they would have the ability to file for workers’ compensation benefits because their injury occurred while they were working. Still, they would also be able to pursue a civil claim against the driver who hit them.
Workers’ compensation will likely cover all of the victim’s medical expenses, and their disability benefits may provide a measure of relief from their lost income. However, the most a workers’ compensation claimant can expect in disability benefits is two-thirds of their average weekly wages, and only for as long as the insurance policy stipulates. A personal injury claim can potentially allow them to recover the remainder of their lost wages and compensation for lost future earning capacity. The plaintiff’s greatest opportunity to expand their recovery is by claiming pain and suffering compensation. The amount the plaintiff receives in pain and suffering compensation typically hinges on how severe their injury is and how long it will likely take to recover as well as the long-term complications the injury is likely to cause.
It is also possible for an injured construction accident victim to have grounds for legal action against their employer even if the employer does have workers’ compensation insurance. For example, if the employer intentionally caused the employee’s injury or a co-worker intentionally caused the injury in question, this could constitute grounds for a civil claim and a workers’ compensation claim. In addition, if a defective product or machine caused your injury, you could have grounds for a product liability claim against the manufacturer.
Remember that if you file any personal injury claim in response to your construction injury, you must not bear any fault for causing the injury. North Carolina is a contributory negligence state in civil lawsuits, meaning a plaintiff is barred from recovery if they are found to be even slightly at fault for causing their claimed damages. If you believe you have grounds for a civil action in tandem with your workers’ compensation claim but have concerns about contributory negligence coming into play, it is vital to consult an experienced attorney as soon as possible.
When you choose Ayers, Whitlow & Dressler to represent you after suffering a construction accident, you can expect personalized legal counsel and ongoing support through all phases of your recovery process. Initially, you will likely need assistance filing your workers’ compensation claim. We can streamline this process and handle any interactions with the workers’ compensation insurance carrier on your behalf. Our team will ensure the workers’ compensation insurance carrier has all the information to make a fair determination on your claim.
If you have grounds for legal action outside of the workers’ compensation claim process, you can count on our team for assistance with this as well. We have years of experience handling complex personal injury cases on behalf of Monroe, NC, clients, and we can leverage this experience on your behalf to maximize your total recovery. Ultimately, our goal is to help our client recover as fully as possible in every case we accept.
Construction injuries may not only be painful and traumatic, but they can also pose lifelong complications that interfere with your ability to work and live independently. We understand the stress and uncertainty that often follow workplace injuries, and we want to help you through this challenging situation as efficiently as possible. If you struggle with the aftermath of a construction injury in Monroe, NC, Ayers, Whitlow & Dressler is ready to help you. Contact us today to schedule a consultation with a Monroe construction injury attorney.
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