Construction Accident
At ER Law Trial Lawyers, we help people seek financial and physical recovery after they have been injured at a construction site due to another person’s negligence in Greensboro, North Carolina.
Experienced Construction Accident Attorneys in Greensboro, NC
Construction accidents in North Carolina can lead to significant physical pain, profoundly difficult emotional experiences, and substantial financial impacts for the victims and their families. Whether you are a construction worker who suffered a workplace injury or you were visiting or navigating past or through a construction area, the consequences of a construction injury can be severe and long-lasting. Our experienced Greensboro construction accident attorneys can provide injured construction workers, visitors, and passersby with the guidance and support they need to pursue a holistic recovery.
Construction injuries are often severe, leading to broken bones, spinal injuries, amputations, head injuries, and more. This can involve chronic pain, long-term disability, and the need for continuous medical care and rehab. The shock, anger, and depression from a sudden change in life circumstances can lead to long-term conditions like post-traumatic stress disorder (PTSD), for which a construction accident victim may require mental health support.
The financial impact of a construction accident can be huge. Medical bills, rehab costs, lost earnings, and future care create significant financial pressure on victims and their families. If the victim was the main earner, their family could face financial instability.
Our skilled North Carolina construction accident attorneys at ER Law Trial Lawyers provide the necessary legal guidance, support, and advocacy skills to seek fair compensation while injury victims focus on their physical, financial, and emotional recovery. Contact us today to schedule a free consultation, so we can review the unique details of your case and outline a tailored legal strategy to pursue the appropriate avenues available for you to seek financial compensation for your injuries and losses.
Key Takeaways We Address Below Regarding Construction Accident Cases and Concerns in North Carolina
- There are several common causes of construction accidents. We can explain how these types of scenarios may align with your own construction accident incident.
- There are some differing pathways and considerations to seek recovery for injuries and losses following a construction accident that may or may not be applicable based on the details of your unique case.
- Injuries due to construction accidents vary widely, and some common types of construction injuries can be severe or fatal.l
- Premises liability considerations may apply to a construction accident case in North Carolina under some circumstances.
- Your options and paths to seek recovery will often differ significantly if you were injured as a worker on a construction site.
- You may be able to seek some different types of damages following a North Carolina construction accident, depending on the different categories of losses you have suffered and the valuations of each.
- Our experienced construction accident attorneys at ER Law Trial Lawyers can assess your case and guide you throughout the appropriate pathway to seek recovery in Greensboro, North Carolina.
Common Causes of Construction Accidents in Greensboro, North Carolina
Common causes of construction accidents in North Carolina encompass a variety of scenarios reflecting the inherent risks associated with construction work. These accidents not only lead to injuries, but also raise complex legal considerations regarding personal injury, premises liability, and laws surrounding workplace injuries and workers’ compensation.
The following are common scenarios leading to accidents and their implications under North Carolina law:
- Falls: Falls from elevated surfaces such as scaffolding, ladders, or roofs are prevalent in construction accidents. These incidents often occur due to inadequate safety measures or equipment failure.
- Electrocution: Workers may encounter exposed wires or incomplete electrical systems, or they may come into contact with power lines. Electrocution accidents typically arise from lack of proper lockout/tagout procedures or failure to adhere to safety guidelines.
- Struck-By Incidents: This category includes being hit by falling objects, machinery, or moving vehicles on-site. Lack of hardhat areas, poor site management, or improper use of machinery often contributes to these accidents.
- Caught-In/Between: Workers can be caught in or compressed by equipment and objects, or struck, caught, or crushed in collapsing structures. Such accidents are often due to unsafe working conditions or failure to follow protocols.
- Overexertion: Overworking can lead to heat stress, heart-related issues, or musculoskeletal injuries due to repetitive motions or lifting heavy objects without proper equipment or rest periods.
- Exposure to Chemicals or Toxins: Handling hazardous materials without adequate protective gear or training can lead to serious health issues, including chemical burns and respiratory problems.
A Construction site accident lawyer at ER Law can assess the types of construction site accidents discussed above may align with the pertinent unique details in your own incident during your free case review.
Potential Pathways to Seek Recovery in a North Carolina Construction Accident Case
A construction accident lawyer at our firm can address the following legal considerations to determine which may be applicable to your North Carolina construction accident case:
- Workers’ Compensation: For employees injured on the job at construction sites, North Carolina’s Workers’ Compensation Act provides a pathway for limited recovery, regardless of fault, covering medical expenses and a portion of lost wages. However, accepting workers’ compensation benefits typically precludes the ability to sue an employer for personal injury.
- Third-Party Personal Injury Claims: In cases where a third party (not the employer or co-worker) is responsible for the accident, injured workers might pursue a personal injury lawsuit against the at-fault party. Success in these claims requires proving negligence.
- Premises Liability: Visitors or non-employees injured on a construction site may be able to seek recovery under North Carolina premises liability law. The property owner or contractor might be held liable if it is shown they failed to maintain a safe environment or did not adequately warn of dangers.
The circumstances of the injured person’s presence on the construction site significantly affect the legal avenues available for seeking recovery. Employees typically pursue workers’ compensation for a no-fault recovery route, while visitors or other individuals may need to pursue personal injury or premises liability claims. However, injured workers should also consult with an attorney to determine whether they also have a third-party personal injury claim.
Common Injuries in Greensboro, North Carolina Construction Accidents
Construction accidents in North Carolina can lead to a variety of injuries, ranging from minor to catastrophic. The nature of these serious injuries often reflects the hazardous conditions and activities associated with construction work. Below is a concise list of common injuries suffered in construction accidents in North Carolina, along with brief descriptions of each injury type and the circumstances under which they may occur:
- Traumatic Brain Injuries (TBIs) and Spinal Cord Injuries (SCIs): Traumatic brain injury and spinal cord injury cases due to falls or being struck by an object often involve significant long-term impact on one’s future including the projected expenses associated with treatments and services.
Contusions, Lacerations, and Fractures: This type of injury occurs when a worker is hit by a falling, flying, swinging, or rolling object. These can be caused by unsecured tools or materials and demolition activities. - Electrocution: Electrical injuries can range from burns to cardiac arrest. Workers may encounter exposed wiring, faulty electrical equipment, or contact with overhead power lines.
- Burns: Burns may occur due to electrical injuries or exposure to extreme heat.
- Cardiac Arrest: Cardiac arrest can be caused by electrocution, overexertion, lack of hydration, or due to complications caused by other types of injuries.
- Heat Stress: These can be caused by working in extreme temperatures without adequate breaks or hydration.
- Musculoskeletal Disorders and Repetitive Strain Injuries: These can be caused by heavy lifting, repetitive motions.
- Chemical Exposure: Inhalation or direct contact with hazardous chemicals can lead to respiratory issues, chemical burns, and poisoning. Such exposures often occur due to inadequate use of personal protective equipment (PPE) or failure to follow safety protocols.
- Crush Injuries: Occur when part of the body is squeezed between two heavy objects. These are common in situations where workers are trapped under collapsed structures or machinery.
- Limb Amputations: Severe machinery accidents can lead to amputations of fingers, hands, arms, or legs. These injuries typically occur due to improper use or maintenance of equipment.
- Fatal Accidents: Unfortunately, construction workers and other individuals at a construction site are sometimes fatally injured. We can assess the circumstances of the accident and pursue a wrongful death claim on behalf of the family of the decedent.
Understanding the common types of injuries that occur on construction sites is essential for implementing effective safety measures and protocols. For individuals injured in construction accidents, seeking legal assistance can be a crucial step towards recovery.
An experienced Greensboro construction accident lawyer can provide you the appropriate guidance on workers’ compensation claims or personal injury lawsuits, guiding you to seek the compensation you need for your medical expenses, lost wages, and rehabilitation. We offer a free case review as an important step towards determining the right path to follow in order to pursue compensation on your behalf.
Premises Liability Considerations for Construction Accidents in North Carolina
North Carolina premises liability law plays a crucial role in construction accident cases under certain circumstances, particularly when an injury occurs on someone else’s property due to unsafe conditions or negligence. The law is designed to protect individuals who suffer injuries on another’s property, holding property owners or occupiers accountable for failing to ensure a safe environment.
The following elements of North Carolina premises liability law could apply to your construction accident case under some circumstances if you were injured while visiting or passing through a construction site:
- Duty of Care: Property owners owe a duty of care to all lawful visitors to keep the premises safe. In the context of a construction site, this includes ensuring that the site is reasonably safe for workers, visitors, or even trespassers under certain conditions.
- Breach of Duty: If a property owner knows about a dangerous condition (or should have known through reasonable inspection) and fails to correct it or warn of its presence, they may be considered to have breached their duty of care.
- Causation and Damages: To prevail in a premises liability claim, the injured party must show that the property owner’s breach of duty directly caused their injury and that they suffered damages as a consequence.
Concepts from North Carolina Laws Pertinent to Premises Liability Construction Accident Cases
Be aware of these important concerns if you were injured as a visitor or passerby at a construction site in North Carolina:
- Contributory Negligence: North Carolina follows the doctrine of contributory negligence, which can bar recovery if the injured person was also negligent and contributed to their own injury. This principle is especially relevant in premises liability cases, including those involving construction accidents.
- Attractive Nuisance Doctrine: This legal principle applies when children are injured by a hazardous condition on a property, such as construction equipment or an unfenced site. Property owners may be held liable if they failed to take reasonable steps to prevent access or injury to children.
- Statute of Limitations: Under North Carolina law, there is a three-year statute of limitations for filing a premises liability lawsuit. This means that any legal action must be initiated within three years from the date of the accident.
Understanding the application of premises liability law in construction accident cases is essential for both property owners and injured parties. For visitors injured on someone else’s property due to negligence involving the construction industry, consulting with a North Carolina attorney experienced in premises liability can provide guidance on potential legal remedies and strategies for seeking compensation.
The Type of Visitor Injured Impacts Construction Accident Cases
In North Carolina, premises liability laws dictate the level of care that property owners owe to different types of visitors on their property. These laws can significantly impact a case based on the visitor’s status at the time of the accident. The visitor’s classification impacts the duty of care owed by the property owner and, consequently, the likelihood of recovering damages for injuries sustained in a construction accident.
Visitors on a construction site might be classified as one of the following:
- Invitee: These are individuals who are invited onto the property for the benefit of the property owner or occupier, such as a contractor or client visiting a construction site. Property owners owe invitees the highest duty of care, including the responsibility to provide a safe environment and warn of known dangers.
- Licensee: People who enter the property with the owner’s consent for their own purposes or as social guests are considered licensees. Owners must ensure they do not expose licensees to unsafe conditions, and they must warn them of any non-obvious dangers that the owner is aware of. The key factor is whether the licensee was warned about the danger. If the property owner failed to provide adequate warning of a known hazard, they might be held liable for injuries.
- Trespasser: Individuals who enter the property without permission are trespassers. Property owners owe the least duty of care to trespassers; however, they cannot willfully harm trespassers and must warn of known, dangerous conditions if the presence of trespassers is foreseeable — especially under the doctrine of attractive nuisance, which applies primarily to children. Recovery for injuries is less likely unless the injury was caused by a willful or wanton act of negligence by the property owner or if the attractive nuisance doctrine applies.
Understanding the distinctions between these visitor types and the corresponding duties of care is crucial in construction accident cases under North Carolina premises liability law. An experienced North Carolina attorney can help you understand your rights and your potential for recovery based on your status at the time of the accident.
Injured as a Construction Site Worker in Greensboro
In the aftermath of a construction site accident in North Carolina, an injured worker should take specific steps to protect their legal interests and pursue potential avenues for recovery. These steps are crucial for a worker seeking appropriate compensation for their injuries, whether through workers’ compensation, a third-party injury claim, or potentially both.
The following are appropriate steps to respond if you were injured as a construction site worker in North Carolina:
- Seek Immediate Medical Attention: The first priority is to address any injuries by seeking medical care. This not only ensures health and safety, but also creates a medical record that can be vital in your legal claims seeking compensation.
- Report the Injury: Notify the employer or supervisor about the accident and injury as soon as possible. North Carolina law requires that the injury be reported within 30 days, but it’s usually advisable to do so immediately.
- Document the Accident and Injuries: Take photographs of the accident scene, your injuries, and any relevant equipment or conditions that contributed to the accident. Collect names and contact information of witnesses.
- File a Workers’ Compensation Claim: The majority of construction workers in North Carolina are covered by their employer’s workers’ compensation insurance. Filing a claim can provide benefits for medical expenses, a portion of lost wages, and disability. Remember, workers’ compensation is a no-fault system, meaning you can pursue benefits regardless of who was at fault for the accident.
- Consider a Third-Party Injury Claim: If the injury was caused by someone other than your employer or a co-worker (for example, a subcontractor, equipment manufacturer, or property owner), you might have a third-party liability claim. Such claims are separate from workers’ compensation and can lead to compensation for pain and suffering, full lost wages, and other damages not covered by workers’ compensation. An experienced attorney can assess whether you have a viable third-party liability claim.
- Consult with a Construction Accident Attorney: An attorney experienced in construction accidents and workers’ compensation in North Carolina can help navigate the complexities of your case, determine if a third-party claim is viable, and pursue the maximum compensation that may be available under the law.
It’s important to understand that accepting workers’ compensation benefits typically precludes suing an employer directly for injuries. However, pursuing a third-party claim does not affect one’s ability to accept workers’ compensation benefits. An experienced attorney can provide guidance on the right course of action based on the specifics of the case.
Damages for Construction Accident Cases in North Carolina
In North Carolina, victims of construction accidents may be entitled to pursue various types of damages, depending on the nature of their claim. These damages are categorized into compensatory damages, which are further divided into economic and non-economic damages, and in some cases, punitive damages. Understanding these categories and the types of damages that fall within them is crucial for anyone involved in a construction accident in North Carolina.
Economic Damages
Economic damages are fairly straightforward quantifiable financial losses that were caused due to the accident. Examples of economic damages could include:
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- Medical expenses: These may include costs for hospital stays, surgeries, medications, rehabilitation, and projected future medical costs related to the injury.
- Lost wages: This refers to income lost due to time away from work because of the injury.
- Loss of earning capacity: This may apply if the injury impacts the victim’s ability to earn income in the future.
Non-Economic Damages
Non-economic damages are more subjective and compensate for non-financial impacts of an injury. Examples of non-economic damages can include:
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- Pain and suffering: Physical discomfort and emotional distress caused by the injury.
- Loss of consortium: The impact of injuries on the victim’s relationship with their spouse.
- Emotional distress: Psychological effects of the accident, such as anxiety, depression, and trauma.
Punitive Damages in North Carolina Construction Accidents
Although they are less common, punitive damages may be awarded in cases where the defendant’s actions were particularly willful or egregious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
Comparing and Contrasting Damages: Workers’ Comp Versus a Third-Party Personal Injury Claim
In North Carolina, workers’ compensation provides benefits for employees injured on the job without the need to prove fault. However, workers’ comp does not cover non-economic damages like pain and suffering or punitive damages. The types of damages recoverable under workers’ comp are generally limited to:
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- Medical expenses related to the workplace injury.
- A portion of lost wages.
- Compensation for permanent disability.
Unlike workers’ comp, a third-party personal injury claim allows for the pursuit of both economic and non-economic damages. This type of claim requires proving that someone else’s negligence or wrongdoing caused the injury.
A successful third-party injury claim may recover:
- Full compensation for lost wages and loss of future earning capacity.
- Full reimbursement for medical expenses.
- Compensation for pain and suffering, emotional distress, and loss of consortium.
- Potentially, punitive damages — if applicable.
Victims of construction accidents should consult with a knowledgeable attorney to explore their legal options and ensure they are pursuing all available avenues for compensation. Whether through workers’ compensation or a personal injury lawsuit, understanding the types of damages available is critical to seek a fair recovery.
Fatal Construction Site Accidents in North Carolina
Fatal accidents are unfortunately relatively common on construction sites as compared to other work locations. In North Carolina, the family of a fatal construction accident victim may potentially have several legal avenues to seek compensation, depending on whether the decedent was a worker or a visitor at the construction site. Understanding the distinction between workers’ compensation death benefits and wrongful death claims is crucial for families seeking financial recovery.
Workers’ Compensation Death Benefits May Apply if the Decedent was a Construction Worker
If the decedent was an employee killed while performing their job duties, their family might be eligible for workers’ compensation death benefits. North Carolina workers’ compensation provides benefits to the surviving family members, including a portion of the deceased worker’s average weekly wages and coverage for funeral expenses. These benefits are available regardless of fault, but accepting them typically precludes the family from pursuing a separate wrongful death lawsuit against the employer.
The following are steps to take in pursuit of workers’ compensation death benefits:
- Report the Death: The death should be reported to the employer as soon as possible.
- File a Claim: A claim for death benefits must be filed with the North Carolina Industrial Commission.
- Consult an Attorney: It’s advisable to consult with an attorney experienced in workers’ compensation and workplace injuries to navigate the claim process and pursue the full range of benefits that may be available to the family.
If the Decedent was a Visitor, They May Pursue a Wrongful Death Claim
If the decedent was not an employee (e.g., a visitor, contractor, or bystander) and died due to negligence or a hazardous condition on the construction site, the family might pursue a wrongful death lawsuit. This claim is filed against the party at fault for the unsafe conditions that led to the death.
Follow these steps to take to pursue a wrongful death claim following a fatal construction site accident in North Carolina:
- Consult an Attorney: A wrongful death attorney can provide crucial guidance in the early steps of your case, helping to collect evidence and identify the liable parties before working with the personal representative to seek compensation for medical costs, funeral expenses, loss of income, and pain and suffering experienced by the decedent prior to death.
- Gather Evidence: Document the accident scene, collect witness statements, and secure any available surveillance footage.
- Determine Liability: Identify the responsible parties, which could include the property owner, construction company, or equipment manufacturers.
- File a Wrongful Death Lawsuit: The personal representative can work with an attorney to initiate a lawsuit in civil court before the expiration of the statute of limitations for wrongful death in North Carolina, which is two years from the date of death.
The path to financial recovery for the family of a fatal construction accident victim in North Carolina significantly depends on the decedent’s status at the time of the accident. Whether pursuing workers’ compensation death benefits or a wrongful death claim, professional legal counsel can offer invaluable assistance in navigating these complex processes, protecting the family’s rights and pursuing the compensation they need.
How a North Carolina Construction Accident Attorney Can Help
Our Greensboro construction accident attorneys play a critical role in helping injured construction workers or other individuals who have been injured in construction site accidents. An attorney at ER Law Trial Lawyers can assist you throughout the duration of your case, starting after the accident and injury occur:
- Immediate Legal Guidance: Our Greensboro construction site accident attorneys can provide immediate legal advice on how to protect your rights and interests following the accident, including what statements to make and what evidence to collect.
- Free Case Evaluation: At ER Law, we offer a complimentary evaluation of your case to determine the potential sources of liability and insurance coverage, including identifying whether a workers’ compensation claim, a third-party liability claim, or both may be appropriate.
- Filing Claims: Our attorneys assist with the timely filing of all necessary claims, including workers’ compensation claims with the North Carolina Industrial Commission and applicable third-party claims against negligent parties.
- Gathering Evidence: Our lawyers gather and preserve crucial evidence to support your claim, such as accident reports, witness statements, and medical records. We also seek expert witness testimony regarding the cause of the accident and the extent of your injuries.
- Negotiating with Insurance Companies: Our attorneys negotiate with insurance companies on your behalf to seek a fair settlement to cover your medical expenses, lost wages, and other damages. Our lawyers are skilled in pushing back against lowball offers and advocating for your interests when interacting with insurance companies.
- Legal Representation in Court: Our experienced trial lawyers provide legal representation in court if a fair settlement cannot be reached through negotiations. This includes preparing and presenting your case at trial, arguing on your behalf, and handling legal filings and procedural requirements.
- Seeking the Maximum Compensation: Our construction accident lawyers work diligently to seek the maximum appropriate compensation that is appropriate for your claim, which may include economic damages like medical bills and lost wages, non-economic damages like pain and suffering, and, in some cases, punitive damages.
- Negotiating Settlement Offers: We offer professional guidance on any settlement offers, helping you understand whether they would fairly compensate you for your injuries and losses, helping you to pursue the right course of action.
Our Greensboro construction site accident attorneys help injured construction workers focus on recovery while we handle the complexities of their unique case. In construction accident cases, different laws can apply under different circumstances. We begin with a free case evaluation to help you determine the right next steps.
Schedule a Free Consultation with ER Law Trial Lawyers in Greensboro, North Carolina to Discuss Your Construction Accident Case
Protect your interests and move forward with confidence by working closely with an experienced personal injury attorney from the beginning of your construction accident case. Gain the peace of mind that comes with knowing you are in the capable hands of a team that is prepared to advocate fiercely on your behalf. Our Greensboro personal injury lawyers are ready to listen to your experience, understand your needs, and identify solutions to pursue your recovery.
An experienced construction accident lawyer at ER Law Trial Lawyers can help you understand the full scope of your damages while reviewing the details surrounding the construction accident that caused your injury and planning your case strategy. Call us today at (336) 904-9000 or fill out our online form to request a free consultation to discuss your case.
The majority of personal injury cases are resolved through personal injury settlements, but we are prepared to take your case to trial through a personal injury lawsuit if a reasonable settlement cannot be reached.
For your convenience, we are accessible to discuss your case by phone, over Zoom, or in person at either of our Reidsville or Greensboro, North Carolina offices. We proudly serve North Carolina residents in both Guilford County and Rockingham County.
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