Horton & Mendez Injury Attorneys are Jacksonville construction accident lawyers, representing injured workers. When you need help following an accident, our lawyers can help you get compensation.
Call us to talk to a Jacksonville construction accident attorney and get help now.
Understanding Jacksonville Construction Accidents
The Charlotte Observer reports that there are more fatalities in the construction industry than in any other workplace in North Carolina. Construction deaths are on the rise, with 47 deaths in North Carolina in 2022 alone; many more are injured.
Construction accidents in Jacksonville, NC, cause physical harm, emotional anguish, and financial loss.
Most Common Construction Accidents in Jacksonville
- Falls from an elevated height
- Ladder accidents
- Slip and fall, trip and fall
- Collapse
- Electrocution
- Cut on a sharp object
- Fire
- Chemical exposure, hazardous materials
- Machinery malfunction
- Becoming stuck or buried, stuck-between accidents
- Car and motor vehicle accidents
- Crushing incidents
Construction workers use heavy and dangerous materials and work with powerful equipment. The many dangers they face in their work can result in construction accidents and significant harm.
Who Can Be Held Liable in a Construction Site Injury Case?
- Contractor
- Subcontractor
- Other companies working at the construction site
- Third parties, such as a motorist driving through a construction site
- Equipment or tools manufacturer
- Someone who intentionally interferes with operations, trespassers
- Project planners, designers, and architects
A construction site often involves multiple employers and work groups. These entities may be liable for a construction site injury.
If your direct employer has workers’ compensation insurance, workers’ comp benefits are probably your only remedy against the employer. However, you may have a third-party claim against another entity.
Workers’ Comp vs. Third-Party Construction Accident Claims
Workers’ compensation benefits
Workers’ compensation is one way that a person may receive compensation for a construction accident. Workers’ compensation is not the same as a personal injury lawsuit.
A workers’ compensation claim is meant to provide an injured worker with fast benefits, such as medical care without cost to the injured worker and replacement income if the person is unable to work. The injured worker doesn’t have to prove the employer’s or anyone’s fault.
However, benefits are limited. The injured worker cannot claim pain and suffering through workers’ compensation.
Third-party construction accident claims
When the accident and injury can be traced to the wrongful conduct of someone other than the employer, the worker may have a third-party construction accident claim. The worker must prove negligence or more serious misconduct.
A third-party claim is filed in court. The victim alleges that negligence or other wrongful acts or omissions make the defense liable to pay compensation. A worker may claim physical pain and emotional anguish. Medical bills are compensated with money directly; care is not arranged through the insurance company.
Lawyer to evaluate your construction accident claim
A person may qualify for both workers’ compensation and a third-party claim. But in most circumstances, you can’t recover both or receive a double recovery. There are multiple ways you might approach your case, and an experienced Jacksonville construction accident lawyer can recommend the best course of action for your situation.
Steps To Take Immediately After a Construction Site Injury
Immediately after a construction site injury, you should do the following:
- Seek immediate and urgent medical care. For emergency medical care, you can go anywhere. You don’t have to wait to fill out the paperwork or get your case approved. Get the most appropriate care in the fastest manner.
- Report the accident to your employer immediately. You must report within 30 days. Don’t assume that your employer knows. Tell a supervisor—a coworker doesn’t count. It’s always best to report in writing.
- Save evidence. Have someone take photos of the accident scene. Keep things related to the accident. Identify witnesses, including bystanders and people involved.
- Complete Form 18. Start your claim for benefits with Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent
As soon as you seek help from our Jacksonville, NC construction accident attorneys, we can represent you in what to do after a construction accident in Jacksonville, NC.
Contractors and subcontractors
Construction projects often involve contractors and subcontractors. Getting compensation following a construction accident can involve sorting out who carries workers’ compensation coverage for the injured worker. A contractor must ensure that the subcontractor has coverage. If not, the contractor may be liable. Our attorneys can determine how to proceed when multiple entities are involved.
Representing undocumented workers
Our Jacksonville, NC construction accident lawyers represent undocumented workers.
Workers’ compensation requirements cover undocumented workers and illegally hired workers. Undocumented workers are entitled to the same benefits that all employees qualify to receive. The insurance company cannot deny a claim because of immigration status. They cannot ask about your status for a claim.
Employer without workers’ comp insurance
If your employer doesn’t have workers’ compensation insurance, the employer may be personally liable. They lose workers’ comp as the sole remedy because they fail to carry insurance. In addition, the employer may be subject to fines and even charged with a crime.
Our Jacksonville construction accident lawyers can assist you if your employer failed to have the required workers’ compensation insurance. Most businesses are required to have it—any business with three or more employees in NC must carry workers’ compensation insurance, although there are some exceptions. It doesn’t matter how the employer structures their business—as a corporation, sole proprietor, limited liability company, or something else.
If you are an injured construction worker, we can help you navigate a situation where the employer doesn’t have workers’ compensation insurance.
Why You Need a Jacksonville Construction Accident Lawyer
A construction accident can seriously change your life. The claims process can be harrowing, but you need compensation. A Jacksonville construction accident lawyer can handle all aspects of your case, create a legal strategy, and pursue your compensation.
Contact a Lawyer
Horton & Mendez Injury Attorneys is a team of Jacksonville construction accident lawyers. Get the help you need after a construction accident. We can start your case immediately.
Call or message us now.
