Because of the inherent dangers on construction sites, there are federal and state regulations in place designed to protect workers, passersby, and visitors from suffering injuries. When contractors, workers, or site owners ignore these regulations, it puts lives in harm’s way.
If you suffered an injury on a South Carolina construction site, a Charleston construction accident lawyer from our firm can explore your options. Depending on your situation, you can file a workers’ compensation or personal injury claim.
George Sink, P.A. Injury Lawyers has resolved over 40,000 cases in 40 years.* We’re ready to build, manage, and resolve your case. We offer consultations where you can explore your options at no charge.
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You’ll Need to Abide By Various Deadlines in Your Case
Here are some deadlines that may affect your workers’ compensation case, per the South Carolina Workers’ Compensation Commission:
- You generally have 90 days from the date of your accident to notify your employer.
- You generally have two years to file your workers’ compensation claim itself.
For an injury lawsuit, you generally have three years from the date of your accident to file, per S.C. Ann. § 15-3-530. Our lawyers can manage these (and other) deadlines surrounding your case.
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You Could File a Workers’ Compensation Claim Following Your Charleston Accident
If you suffered injuries while working on a construction site, you likely qualify for workers’ compensation benefits, per the South Carolina Workers’ Compensation Commission. Any organization that employs more than four people usually must provide coverage.
The benefits available through workers’ compensation in South Carolina include:
- Medical treatment and related expenses
- Two-thirds of your lost wages until you can return to work
- Permanent total disability and/or permanent partial disability
- Funeral and burial benefits, when applicable
How Do I Know If I Qualify for Workers’ Compensation Benefits in SC?
If you’re not sure whether you’re covered by workers’ compensation, you can go to https://www.ewccv.com/cvs/search?ref=https://www.wcc.sc.gov/. Here, you can look up your employer to see if you have coverage.
To conduct a thorough search, you should have the following information:
- Your employer’s name
- Your job’s Federal Employer Identification Number (FEIN)
- Your job’s address, zip code, and city
To secure benefits, you must prove that you suffered an injury while working. The injury must also have taken place within the scope of your job and duties. Our lawyers can use evidence to show that you were hurt and deserve benefits.
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We Can Fight a Denial of Your Workers’ Compensation Benefits in SC
Occasionally, workers’ compensation insurers deny valid claims filed by injured construction workers. This can occur for several reasons, including:
- The employer or your workers’ compensation coverage provider does not believe you suffered an injury.
- Either party does not think the injury is work-related.
- Your employer argues that you did not give notice of your injury within 90 days.
- They claim you did not get immediate medical care, as required.
How Can Our Team Fight a Denial of Benefits?
If you receive a denial notice, we can fight for the full benefits you deserve. Our team can handle the appeals process from start to finish. This includes managing all communications with the Workers’ Compensation Commission, filing your Form 50, and getting your case on the Workers’ Compensation Commission docket.
Since it can take several months before your hearing date arrives, we will keep you up-to-date on the status of your case. We will also represent you during your hearing with a Commissioner. If we cannot convince the Commissioner to overturn the denial, we can:
- Appeal to the full Workers’ Compensation Commission
- Appeal to the Circuit Court
- Appeal to the South Carolina Supreme Court
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Filing a Personal Injury Claim After a Construction Site Injury in Charleston
In addition to filing a workers’ compensation claim, you may also qualify to take legal action against a negligent party. Here’s a scenario in which you would qualify for both programs:
- You were operating a power drill on a construction site. While using it, the device backfired and caused you to suffer injuries to your hands, arms, and face. In this situation, because you suffered a work-related injury, you would likely qualify for workers’ compensation benefits. In addition, you could file a product liability claim against the makers of the power drill.
Workers’ compensation in South Carolina operates on a no-fault system. So, to recoup workers’ compensation, it doesn’t matter who (or what) caused your job-related injury.
Personal injury cases are a different story. In most injury cases, you must prove that because another party acted negligently, you were hurt. This requires proving negligence – while workers’ compensation cases do not.
Who Could be Liable in a Personal Injury Case?
Some of the most common liable third parties in construction site accidents include, among others:
- Property, site, or building owners
- Contractors or subcontractors sharing the worksite
- The employers of other workers on the worksite
- Manufacturers of defective products used onsite
- Vendors who deliver to or visit your worksite
When you call us to discuss your case, we will meet you at your home, a hospital, or in another convenient location. We will listen to your story and learn as much as we can about your accident and what caused your injuries. During this free case review, we can explain who may be liable for your injuries and resulting damages.
You Can Seek These Damages Through an Injury Claim or Lawsuit
Compensable damages in your Charleston construction accident claim or lawsuit may comprise:
- Medical expenses
- Lost wages and benefits
- Diminished future earning capacity
- Ongoing or future care costs
- Out-of-pocket costs related to your injury (e.g., paying for gas to get to and from doctors’ appointments, paying for parking at appointments, etc.)
- Pain and suffering
If the insurance company will not pay for your losses and expenses, we will pursue an injury lawsuit.
Begin Your Free Case Review with Our Team Serving Charleston County
If you suffered injuries on a Charleston construction site, the personal injury attorneys from George Sink, P.A. Injury Lawyers will review your case for free. We will explain your options and seek full compensation based on the facts of your case. We can handle your workers’ compensation case and/or a personal injury lawsuit against the negligent party that caused your injuries.
To explore working with our construction accident team in Charleston County, dial (843) 628-0100.
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