Greenville Construction Accident Lawyer
Are you a construction worker who has been injured on the job? If so, you’re entitled to compensation, and a Greenville construction accident attorney can help you get it.
The construction industry is easily one of the most dangerous fields to work in. With hazards seemingly everywhere, it is quite common for workers to be injured in accidents and come down with occupational diseases due to their work environment. Enduring a work injury is particularly difficult because not only will you be dealing with the consequences of a physical injury or illness, but you’ll also be unable to work, which could have devastating effects on your finances.
Your Greenville construction accident lawyer from Ricci Law Firm, PA will be well-versed in North Carolina’s workers compensation laws. We will build your claim with supporting medical documentation and other evidence to secure the workers comp approval you need to recover without the burden of financial stress.
Eligibility for Workers Comp After a Construction Accident
To be approved for workers compensation benefits, you first need to meet the eligibility requirements. Every North Carolina employer who has more than three employees is obligated to provide workers compensation insurance.
From the moment you begin your first shift on the Greenville construction site, you will be protected by workers comp. It is a common misconception that you’ll need to have worked with the company for a certain amount of time or worked a certain number of hours in order to be eligible.
Additionally, you can only be approved for workers comp if the injury or illness you suffer from stemmed directly from the conditions of your work environment.
You can expect your workers comp claim to be denied if you were under the influence of drugs or alcohol, in violation of the company’s policies by working off the clock or rough-housing with another employee, or committing a crime when you were injured.
What Workers Comp Covers
Once you’ve been approved for workers comp after your Greenville construction injury, you will begin receiving benefits on a weekly basis. The amount you’ll collect will be based on your pre-injury earnings for the last fifty-two weeks prior to your injury.
Of these average earnings, you can collect 66 ⅔ percent, depending on the severity of your injury or illness, the expected impact of your condition, and how long you are expected to be out of work.
This weekly check can be used as you see fit; however, the majority of claimants will use their workers comp benefits to pay for household expenses, such as their rent or mortgage, utilities, groceries, car payments, insurance premiums, and anything else they might have spent their weekly paycheck on before they were hurt.
North Carolina requires workers comp to cover any medical expenses that you incur due to your condition, in addition to the benefits you receive each week.
Appealing After Your Greenville Construction Accident Claim Is Denied
A workman’s comp claim can be denied for many reasons—many of which are completely invalid. The insurance company might say it believes that you are exaggerating the extent of your injuries, there could be an error in the filing of your paperwork, or the insurer could require additional medical documentation that supports the severity of your condition.
In any case, once your construction accident lawyer in Greenville reviews your denial letter, we can attempt to work with the insurance adjuster who made the decision to deny your claim to get the denial overturned. If this doesn’t work, we can request a hearing before the North Carolina Industrial Commission.
This impartial board will examine the details of your claim and determine whether you are entitled to collect workers compensation benefits for your construction accident injuries.
Recover Damages in a Civil Suit
Although workers compensation benefits will provide you with a portion of your income and cover your medical expenses, that may not account for the full extent the other damages you might have suffered due to your injury. These losses might include the following:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of household services
- Damage to potential future earnings
- Effects of disfigurement
- Loss of companionship and love
To recover compensation for the above non-economic damages, you might be able to file a civil suit against your employer. However, the workers comp system is in place in part to prevent such lawsuits. You have to meet very specific criteria to file a personal injury claim for your Greenville construction accident outside of the workers comp system.
If your employers did not have the appropriate workers compensation coverage on their insurance policy—as required by law—you can sue them in civil court for the total extent of your damages, as you will not be able to obtain workers comp benefits through them.
You could also file a personal injury claim if your employer or anyone else on the construction site caused your accident intentionally. Other situations that could allow for a personal injury lawsuit usually involve outside third parties, such as subcontractors, causing the injuries in question. For help determining the proper way forward, speak with a construction accident attorney in Greenville.
Greenville Construction Accident FAQ
The details of workers compensation can be quite complex—even for those who have experience dealing with the claim process. That’s why we have compiled some common questions related to workers comp and construction accidents in Greenville. Read on to learn more about your workers compensation benefits, and reach out to our firm for all the answers you need.
What is an occupational disease?
An occupational disease is a condition you came down with due to the requirements of your position at work. For example, if you were routinely exposed to asbestos and subsequently were diagnosed with mesothelioma, this would be considered an occupational disease. In North Carolina, occupational illnesses qualify for workman’s comp benefits.
How long can I collect work comp benefits?
You should be able to collect workers compensation benefits until your treating physician clears you to return to your former position. If your employer offers you a lesser-paid position that you are able to do despite your injuries, you will likely need to accept this offer in order to continue receiving benefits, as long as the position qualifies as suitable employment. Your benefit allotment will be adjusted according to the amount you are currently earning in your new position at 66 percent of the wage difference to match what you earned before you were injured or fell ill.
What happens if I am permanently disabled?
If you are suffering from a total or partial loss of a body function or part and are unable to work in the construction industry again due to the severity of your injuries, you may be entitled to permanent disability. This can continue until you are able to collect disability, when you reach the maximum number of weeks allowable under your employer’s work comp policy.
Speak with a Greenville Construction Accident Attorney
When you’ve suffered an injury in a construction accident, you are entitled to workers compensation benefits while you are recovering and unable to work. In some cases, you might be able to file a personal injury claim for additional compensation.
In either case, if you’ve been denied the compensation you deserve or are worried about your first steps, reach out to an experienced attorney at Ricci Law Firm, PA today. Your attorney will work tirelessly to obtain the approval you need to recover without financial anxiety.
We are pleased to provide free, no-obligation claim evaluations to all prospective clients. You can take advantage of this opportunity by calling our office at 252-752-7785 or by filling out the convenient contact form at the bottom of this page. Your free consultation with a Greenville construction accident lawyer is just a click or call away.