Raleigh’s construction boom isn’t slowing down. From the downtown skyline to the Research Triangle Park corridor and the massive Complete 540 outer-loop highway project, thousands of workers pour onto job sites across Wake County every day. When something goes wrong on one of those sites, the injuries are often severe, and the legal path forward is anything but simple. If you or someone you love has been hurt on a construction site, you’re likely facing mounting medical bills, lost wages, and uncertainty about the future. At Horton & Mendez Injury and Accident Attorneys, our managing partners are former insurance defense attorneys. We’ve seen how insurance companies handle construction injury claims from the inside, and we use that knowledge to fight for you. Call 910-405-7751 for a free consultation. No fee unless we win.
Why Horton & Mendez For Your Construction Injury Case
We know their playbook
Our managing partners spent years working for insurance companies defending claims just like yours. We know how adjusters evaluate construction injuries, what documentation they look for, and what tactics they use to minimize your recovery. Now we use that insider knowledge on your side.
We understand dual-track construction claims
Construction accidents don’t always fit neatly into one legal box. You may have a workers’ compensation claim against your employer and a separate third-party personal injury claim against a subcontractor, property owner, or equipment manufacturer. We handle both tracks and coordinate them so one doesn’t undermine the other.
We’re accessible across North Carolina
With nine offices statewide, including one in Raleigh, we’re easy to reach. If you cannot come to us, we’ll come to you. Your recovery comes first.
Call 910-405-7751 today. Your consultation is free, and there’s no obligation.
Common Construction Accidents We Handle In Raleigh
Raleigh’s urban density and large-scale infrastructure projects create unique hazards. The ongoing residential and commercial development boom downtown means crews work on high-rises and mixed-use buildings in tight spaces alongside heavy vehicle traffic. RTP expansion projects add industrial and commercial construction to the mix. The Complete 540 highway project brings heavy equipment, earthmoving, and elevated roadway work through the metro’s southern and eastern corridors.
Here are some of the construction accident cases we handle most frequently.
Falls from heights. Scaffolding collapses, ladder failures, unguarded edges, and roofing accidents remain among the leading causes of serious construction injuries. Falls on multi-story downtown Raleigh projects can result in traumatic brain injuries, spinal cord damage, and broken bones.
Struck-by accidents. Falling tools, swinging loads, and moving vehicles are constant hazards, particularly in highway construction zones where heavy equipment operates alongside traffic.
Caught-in or caught-between injuries. Trench collapses, machinery entanglements, and compression injuries happen when safety protocols fail. Excavation work on infrastructure projects is particularly dangerous.
Electrocution. Contact with overhead power lines, faulty wiring, and energized equipment is a risk on both commercial builds and roadway projects.
Equipment failures. Defective cranes, forklifts, power tools, and scaffolding systems can cause catastrophic injuries and may give rise to product liability claims against the manufacturer.
Repetitive stress and overexertion. Not every construction injury happens in a single moment. Chronic back injuries, joint damage, and tendon tears develop over time and are compensable under workers’ compensation.
NC Law And Your Construction Accident Claim
Construction injuries in North Carolina often involve two separate legal tracks running at the same time. Understanding how they work together is critical.
Workers’ compensation: the no-fault track
Under North Carolina’s Workers’ Compensation Act, the right to compensation is barred unless a claim is filed with the NC Industrial Commission within two years after the accident. Workers’ compensation is a no-fault system. It doesn’t matter who caused the accident. If you were injured on the job, you’re entitled to benefits, including medical treatment, wage replacement, and permanent disability compensation.
As soon as practical after the accident, and within 30 days, you should give written notice to your employer with a simple statement giving the date and a brief description of the injury. The employee should file a claim (Form 18 or 18B) with the Industrial Commission within two years of the accident.
The NC Industrial Commission, headquartered right here in Raleigh, administers all workers’ compensation claims in the state. We know the process and the people involved.
However, workers’ compensation is also the exclusive remedy against your employer. That means you cannot sue your employer directly for a construction accident. That’s where third-party claims come in.
Third-party claims: the full-compensation track
Workers’ comp doesn’t cover damages such as pain and suffering, but a separate lawsuit against a responsible “third party” often can. When a person or entity other than your employer is at fault for your workplace accident, you may have the right to file a third-party claim.
On a construction site, potential third parties include general contractors (if you work for a subcontractor), other subcontractors, property owners, architects, engineers, and equipment manufacturers. Third-party claims are governed by North Carolina’s three-year statute of limitations for personal injuries.
This is where NC’s contributory negligence rule matters. North Carolina is one of the few states where being even 1% at fault can bar your recovery entirely. Insurance companies know this and will aggressively try to pin some blame on you. Our managing partners anticipate these arguments and build your case to defend against them because they used to make those same arguments when they worked for insurance companies.
Our Process
Step 1: Free consultation. You tell us what happened. We listen, review your situation, and tell you honestly whether you have a case. This costs you nothing.
Step 2: Investigation. We gather evidence at the job site, obtain safety records, and identify all responsible parties. For construction cases, this means reviewing OSHA compliance under the Occupational Safety and Health Act of North Carolina (North Carolina General Statute § 95-126 et seq.), site safety logs, and equipment maintenance records.
Step 3: Dual-track strategy. We file your workers’ compensation claim with the NC Industrial Commission and pursue any third-party claims simultaneously. We coordinate both tracks so they strengthen each other rather than conflict.
Step 4: Negotiation and resolution. We handle all communication with insurance companies, adjusters, and defense attorneys. If the other side won’t offer fair compensation, we’re prepared to take your case to trial.
You focus on healing. We handle the legal work. Call 910-405-7751 to get started.
What Compensation Can You Recover?
Construction accidents often result in significant damages across both the workers’ compensation and third-party tracks.
Through workers’ compensation
Workers’ compensation benefits typically cover medical treatment (including surgery, rehabilitation, and prescriptions), temporary total disability payments (two-thirds of your average weekly wage while you cannot work), permanent partial disability ratings for lasting impairments, and vocational rehabilitation if you cannot return to your previous job.
Through a third-party claim
A third-party personal injury claim can recover compensation that workers’ comp doesn’t cover, including full lost wages (not just two-thirds), pain and suffering, loss of enjoyment of life, future medical expenses, and, in some cases, punitive damages for especially reckless conduct.
Since 2023, Horton & Mendez has recovered over $80M for injured clients across North Carolina. Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
Frequently Asked Questions About Construction Accident Claims In Raleigh
How much does it cost to hire a construction accident lawyer?
Nothing upfront. We work on a contingency-fee basis, meaning no fee unless we win. Your consultation is completely free, and there’s no obligation to hire us. Call 910-405-7751 to get started.
Can I sue my employer for a construction site injury in North Carolina?
In most cases, no. North Carolina’s Workers’ Compensation Act is the exclusive remedy against your employer. However, you may have a third-party claim against another company or individual responsible for your injury, such as a general contractor, subcontractor, property owner, or equipment manufacturer.
What’s the deadline to file a construction accident claim in NC?
Workers’ compensation claims must be filed with the NC Industrial Commission within two years of the accident. North Carolina gives a three-year time limit for personal injury claims against third parties. Don’t wait. Evidence disappears, and witnesses’ memories fade. The sooner you call, the stronger your case.
What if I were partially at fault for the construction accident?
North Carolina’s pure contributory negligence rule means that if you’re found even 1% at fault, you could lose your right to recover in a third-party claim. This doesn’t apply to workers’ compensation (which is no-fault), but it makes having experienced legal representation critical for any third-party case. We build cases that anticipate and counter these defense tactics.
What should I do immediately after a construction site injury?
Report the injury to your supervisor right away. Seek medical treatment and tell the provider it’s a work-related injury. Document everything you can, including photos of the scene and equipment involved. Then call a lawyer before giving any recorded statements to insurance companies. Call 910-405-7751 for guidance.
Do you handle cases involving the Complete 540 highway project or other Raleigh-area infrastructure work?
Yes. We represent construction workers injured on highway projects, commercial builds, residential developments, and other construction sites throughout the Raleigh metro and across North Carolina.
Can I receive both workers’ compensation and third-party claim compensation?
An injured worker can receive workers’ compensation benefits while simultaneously pursuing a third-party claim. However, the workers’ compensation insurance carrier has a right to be reimbursed from any third-party settlement or judgment, known as subrogation. We manage both claims together to maximize your total recovery.
Hurt On A Raleigh Construction Site? Let’s Talk.
You shouldn’t have to figure this out alone while you’re recovering from a serious injury. At Horton & Mendez, we handle everything, from the workers’ comp paperwork to the third-party negotiations, so you can focus on getting better. Our seven attorneys bring 65+ years of combined experience, with our managing partners’ insurance defense background giving you a playbook the other side doesn’t expect you to have.
Contact us at 910-405-7751 now for a free consultation. No fee unless we win. We’re available to meet at our Raleigh office or by phone, wherever works for you.
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