Construction sites are some of the most dangerous workplaces in North Carolina. If you’ve been injured on a job site, you’re probably dealing with pain, mounting medical bills, and uncertainty about your next paycheck. You shouldn’t have to navigate the workers’ compensation system alone while you’re trying to heal. At Horton & Mendez, Injury & Car Accident Attorneys, our Jacksonville workers’ compensation lawyers offer free consultations and work on a contingency-fee basis, so you don’t pay unless we win. Call 910-405-7751 to talk to our Jacksonville team today.
What Is Construction Workers’ Comp Insurance In North Carolina?
Construction workers’ comp insurance is a type of coverage that provides benefits to employees injured on the job. North Carolina’s Workers’ Compensation Act requires all businesses that employ three or more employees to obtain workers’ compensation insurance or qualify as self-insured. This applies to construction companies of all sizes, from large general contractors to smaller crews.
Workers’ comp is a no-fault system, meaning it doesn’t matter who caused the accident. If your injury happened on the job, you’re generally entitled to benefits. In exchange, you give up your right to sue your employer directly for the injury. This tradeoff is built into North Carolina law.
What Types Of Construction Injuries Does Workers’ Comp Cover?
Construction workers’ comp covers a wide range of injuries that happen on the job, including:
- Falls from scaffolding, ladders, and rooftops
- Injuries from heavy machinery and power tools
- Electrocution and electrical burns
- Struck-by injuries from falling objects or equipment
- Repetitive stress injuries from prolonged physical labor
- Exposure to hazardous chemicals or materials
- Trench collapses and excavation accidents
The key requirement is that your injury must arise out of and in the course of your employment. If it happened while you were performing your job duties, it’s likely covered, regardless of who was at fault.
Are Subcontractors And Independent Contractors Covered?
This is where construction workers’ compensation insurance becomes more complicated. Under North Carolina law, if a subcontractor doesn’t have workers’ compensation insurance, the general contractor may be liable for the work-related injuries of that subcontractor’s employees, regardless of how many employees the subcontractor has. This protection is found under N.C. Gen. Stat. § 97-19 and is critical for construction workers.
An employer is also not relieved of liability simply by calling its workers “independent contractors.” Even if you receive a Form 1099, the NC Industrial Commission may still find that you were an employee based on factors such as the degree of control the employer exercises over the details of the work.
If you’ve been told you’re “just an independent contractor” and therefore not covered, don’t take that at face value. Call 910-405-7751 for a free consultation to evaluate your situation.
How Construction Workers’ Comp Benefits Are Calculated
In North Carolina, your workers’ comp “compensation rate” is normally two-thirds of your average weekly wages as of the date of the accident. For construction workers, calculating average weekly wages can be tricky because of overtime, seasonal work, and fluctuating hours.
Benefits typically include:
- Medical treatment: All reasonable and necessary medical care related to your injury.
- Temporary total disability: Two-thirds of your average weekly wages while you cannot work.
- Permanent partial disability: Compensation based on your disability rating after you reach maximum medical improvement.
- Death benefits: Weekly payments to dependents if a workplace injury is fatal.
North Carolina sets a maximum weekly compensation rate that changes annually, so the amount you receive depends on when your injury occurred.
What To Do After A Construction Site Injury In NC
The steps you take right after a construction site injury can make or break your claim. Here’s what you should do:
- Get medical attention immediately. Your health comes first, and prompt treatment also creates a medical record linking your injury to the job site.
- Report the injury to your employer. You must report the injury to your employer, orally and in writing, immediately and in any event within 30 days.
- File a claim with the NC Industrial Commission. You should file a claim (Form 18 or 18B) within two years of the accident with the Industrial Commission.
- Document everything. Take photos of the accident scene, keep all medical records, and write down exactly what happened while it’s fresh in your mind.
Don’t wait until the last minute. Evidence disappears, and memories fade. The sooner you act, the stronger your case.
Can You File A Third-party Lawsuit Alongside A Workers’ Comp Claim?
Yes. Under N.C. Gen. Stat. § 97-10.2, the right to workers’ compensation benefits is not affected by a third party’s role in causing the injury. On construction sites, potential third-party claims are common because multiple companies and contractors often work side by side.
You might have a third-party claim against an equipment manufacturer whose defective product caused your injury, a subcontractor whose negligence contributed to the accident, or a property owner who failed to maintain safe conditions. These claims can recover damages workers’ comp doesn’t cover, including pain and suffering.
Our managing partners worked as insurance defense attorneys; we know the playbook insurance companies use to fight these claims. We use that insider knowledge to build stronger cases for our clients.
What Happens If Your Construction Workers’ Comp Claim Is Denied
Insurance companies deny construction workers’ comp claims more often than you might think. Common reasons include disputes over whether the injury happened at work, claims that a pre-existing condition caused the disability, or arguments that you didn’t report the injury on time.
If a claim is denied, you can file a Form 33 to request a hearing before the NC Industrial Commission. This is where having an experienced workers’ comp attorney makes a real difference. We understand how insurance companies build denial strategies because we used to help them do it. Now we use that knowledge to fight for you.
Talk To A Jacksonville Workers’ Comp Lawyer Today
Construction workers’ compensation insurance exists to protect you, but receiving the benefits you’re entitled to isn’t always straightforward. Insurance companies have their own playbook for minimizing what they pay, and they start running those plays the moment your claim is filed.
At Horton & Mendez, our managing attorneys are former insurance defense lawyers with 65+ years of combined experience. We know their tactics because we used to use them. Now we fight for injured construction workers throughout North Carolina.
Your consultation is completely free, and you don’t pay us anything unless we recover compensation for you. Call 910-405-7751 now to get started.
