Construction work in Asheville is booming. From the multi-year I-26 Connector widening to downtown hotel and residential builds, crews are working at heights and around heavy equipment in conditions that can turn dangerous fast. If you’ve been hurt on a job site, you’re probably dealing with pain, lost income, and a pile of questions about what comes next. At Horton & Mendez Injury and Accident Attorneys, our managing partners are former insurance defense attorneys who worked for the companies now fighting your claim. We know their playbook, and we use it to protect you. Call 910-405-7751 for a free consultation. No fee unless we win.
Why Horton & Mendez For Your Construction Injury Case
We’ve seen the insurance side from the inside
Most construction injury claims involve an insurance company looking for every possible reason to reduce or deny what you’re owed. Our managing partners used to work for multi-state insurance carriers doing exactly that. We know how adjusters evaluate construction claims, what red flags they look for, and how defense attorneys build strategies to minimize settlements. That insider knowledge shapes every case we take.
65+ years of combined experience across North Carolina
With nine offices statewide and 65+ years of combined legal experience, we handle construction accident cases throughout North Carolina. We understand how to navigate claims through the NC Industrial Commission and, when a third party is responsible, how to build a separate civil case alongside your workers’ compensation claim.
No fee unless we win
You’re already dealing with medical bills and missed paychecks. The last thing you need is the stress of legal fees piling up. We work on a contingency-fee basis, which means you pay us nothing unless we recover compensation for you. Your consultation is completely free with no obligation.
Call 910-405-7751 today to discuss your construction injury case.
Common Construction Accident Cases In Asheville
Asheville’s construction landscape creates a range of hazards. The I-26 widening project puts workers in highway-adjacent zones with fast-moving traffic and heavy machinery. Downtown hotel and residential development means multi-story scaffolding, crane operations, and tight work areas. Biltmore-area commercial builds involve excavation, electrical work, and coordination between multiple subcontractors.
Here are the types of construction accident cases we regularly handle.
Falls from heights
Falls are the leading cause of fatal construction injuries. Scaffolding collapses, unguarded edges, unstable ladders, and missing fall-protection systems all contribute to the problem. Whether you fell from a roof, a scaffold, or an elevated platform, you may have claims against your employer through workers’ compensation and against a negligent subcontractor or property owner through a third-party lawsuit.
Struck-by and caught-between accidents
Falling tools, swinging loads, moving vehicles on site, and collapsing structures cause devastating injuries. On a project such as the I-26 Connector, where heavy equipment operates alongside active traffic, struck-by accidents are a real and recurring risk.
Electrocution and equipment failures
Contact with live power lines, defective wiring on a job site, or malfunctioning power tools can cause severe burns, cardiac arrest, and nerve damage. When faulty equipment causes the injury, a product liability claim against the manufacturer may be available in addition to a workers’ compensation claim.
Overexertion and repetitive stress
Not every construction injury happens in a single dramatic moment. Repetitive lifting, prolonged exposure to vibration, and years of physically demanding labor can cause chronic back injuries, rotator cuff tears, and joint damage that’s just as disabling.
Workers’ Compensation And Third-party Claims In North Carolina
This is where construction cases get complex, and where having the right lawyer matters most.
The workers’ compensation track
North Carolina’s Workers’ Compensation Act (North Carolina General Statute Chapter 97) provides benefits to employees injured on the job, regardless of fault. You don’t need to prove your employer was negligent. If you were hurt while working, you’re generally entitled to medical treatment coverage and wage replacement benefits. These claims are administered through the NC Industrial Commission in Raleigh, not through the regular court system.
However, workers’ compensation is typically the exclusive remedy against your employer. That means you cannot sue your employer directly for a construction injury in most situations.
The third-party claim track
Here’s where the real opportunity often lies. Construction sites involve multiple parties: general contractors, subcontractors, property owners, equipment manufacturers, and material suppliers. Under N.C. Gen. Stat. § 97-10.2, the right to workers’ compensation benefits “shall not be affected by the fact that the injury or death was caused under circumstances creating a liability in some person other than the employer.” That means you can collect workers’ compensation benefits and pursue a separate civil claim against a negligent third party at the same time.
Third-party claims can recover compensation that workers’ comp simply doesn’t cover, including pain and suffering and full lost earning capacity.
We know how insurance companies evaluate both of these tracks because we used to run those evaluations ourselves. Call 910-405-7751 to find out if you have a third-party claim alongside your workers’ compensation case.
How We Handle Your Construction Accident Case
Free case evaluation
We start by listening. You tell us what happened, and we evaluate your case at no cost. We’ll identify whether you have a workers’ compensation claim, a third-party claim, or both.
Investigation and evidence preservation
Construction sites change quickly. Scaffolding gets dismantled, equipment gets moved, and conditions that caused your injury can disappear within days. We move quickly to preserve evidence, secure safety inspection records, and identify all responsible parties.
Filing and negotiation
We handle the paperwork, the deadlines, and the back-and-forth with insurance adjusters and defense attorneys. We know their tactics because we used to use them. That means we anticipate their moves and build your case to counter them from the start.
Resolution
Most cases settle through negotiation, but we prepare every case as if it’s going to a hearing or trial. That approach gives us leverage and tells the other side we aren’t bluffing.
What Compensation Can You Recover?
The compensation available depends on whether your claim runs through workers’ compensation, a third-party lawsuit, or both.
Workers’ compensation typically covers medical treatment related to your injury, temporary total disability benefits (a portion of your average weekly wage while you cannot work), permanent partial or total disability ratings, and vocational rehabilitation if you cannot return to your previous job.
Third-party claims can recover pain and suffering, full lost wages (past and future, beyond the workers’ comp formula), and diminished quality of life. In certain cases, punitive damages can also be recovered.
Since 2023, Horton & Mendez has recovered over $80M for injured clients across North Carolina, with an average top-case settlement exceeding $639K. Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
Want to know what your construction injury case could be worth? Call 910-405-7751 for a free evaluation.
Frequently Asked Questions About Asheville Construction Accidents
Do I have a case if the accident was my fault?
Workers’ compensation in North Carolina is a no-fault system. You’re entitled to benefits even if you made a mistake on the job. A third-party claim is different and depends on whether another party’s negligence contributed to your injury.
Can I sue my employer for a construction site injury?
Under North Carolina’s Workers’ Compensation Act (N.C. Gen. Stat. Chapter 97), workers’ compensation is generally the exclusive remedy against your employer. However, if a third party, such as a subcontractor, property owner, or equipment manufacturer, contributed to your injury, you can bring a separate civil lawsuit against them.
How long do I have to file a construction accident claim in North Carolina?
For workers’ compensation, you must notify your employer of the injury as soon as possible and generally file a claim within two years. For a third-party personal injury lawsuit, North Carolina’s statute of limitations is typically three years from the date of injury. Don’t wait. Call 910-405-7751 to make sure you meet every deadline.
What if a subcontractor or equipment manufacturer caused my injury?
You may have a third-party claim in addition to workers’ compensation. N.C. Gen. Stat. § 97-10.2 preserves your right to pursue claims against third parties even while you’re receiving workers’ comp benefits. This is one of the most important legal tools available in construction accident cases.
How much does it cost to hire a construction accident lawyer?
Nothing upfront. We work on a contingency-fee basis. You don’t pay us a dime unless we recover compensation for you. Your consultation is completely free.
Does Horton & Mendez handle construction accident cases in Asheville?
Yes. While our original office is in Wilmington, we serve clients throughout North Carolina with nine offices statewide. We handle construction injury cases in Asheville and across the western part of the state.
What should I do immediately after a construction accident?
Report the injury to your supervisor right away. Seek medical attention, even if the injury seems minor. Take photographs of the scene and your injuries if you can. Then call a lawyer before giving a recorded statement to anyone. Call 910-405-7751, and we’ll walk you through the next steps.
Injured On An Asheville Construction Site? Call Us Today
You didn’t go to work expecting to get hurt. But Asheville’s active construction environment, from major highway projects to downtown development, creates real risks every day. If you’ve been injured, you need lawyers who understand both the workers’ compensation system and the third-party claims that can significantly increase your recovery.
At Horton & Mendez, we’ve been on the insurance company’s side of these cases. We know their playbook, and now we use it to fight for you. Contact us at 910-405-7751 for a free consultation. No fee unless we win.
Free Case Evaluation
"*" indicates required fields
