Construction work will always have some inherent dangers. Despite regulations and standards designed to cut down on accidents and injuries, it continues to be one of the most dangerous occupations. If you suffered injuries in a South Carolina construction accident, the attorneys from George Sink, P.A. Injury Lawyers are here to help.
A construction accident lawyer in Greenville, SC from our firm will review your case and can help you understand your rights and legal options for recovering compensation. We can help you fight a workers’ compensation claim denial, try to identify a third party who caused your injuries, and take action to hold the negligent party liable.
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South Carolina Construction Workers Qualify for Workers’ Compensation
South Carolina law provides workers’ compensation coverage for construction workers who suffer injuries in a construction site accident. You should be able to file a workers’ compensation claim and get benefits as long as:
- You suffered a construction site injury that required medical care.
- The injury happened at your worksite or was otherwise related to your work.
Once they approve your claim, it should payout to cover:
- Your medical care and related expenses
- Two-thirds of your lost wages
- Permanent total disability and/or permanent partial disability
- Funeral and burial benefits for the family of those killed in a construction site accident
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Appeal a Denial of Workers’ Compensation Benefits
Filing for workers’ compensation after a construction accident should be easy and quick. However, it does not always go smoothly. All too often insurance companies deny benefits to injured construction workers with little explanation. In other cases, they approve the claim but fail to offer the compensation you deserve.
Some of the common reasons this may occur include:
- There is a dispute over the severity of your injury or if you suffered an injury.
- Your employer or the insurer does not believe the injury occurred at work.
- Your employer claims you failed to notify them of your injury.
- They say you did not get medical care soon enough or from the right provider.
- They failed to calculate your wages properly.
Filing a Workers’ Compensation Appeal
You only have a short time to appeal a denial, so you need to act quickly. We can go to work immediately to help you file an appeal and fight for the full benefits you deserve. When you enlist our help, we take over the appeals process for you. We know how the process works and frequently work with the Workers’ Compensation Commission.
We will file your Form 50 on your behalf to begin the appeals process. This form includes in-depth information about your accident and injuries. We will fight for your case to get on the Workers’ Compensation Commission docket and will stay in communication with you about any updates in the status of your case.
The Workers’ Compensation Commission Hearing
There may be a delay while the Workers’ Compensation Commission investigates your case. We may need to appear at your appeal hearing to learn the findings of the commissioner assigned to your case. Often, we receive approval for workers’ compensation at this point in the process.
If we cannot get approval for you during this hearing, there are other options we may pursue. This may include:
- Appealing to the full Workers’ Compensation Commission minus the commissioner who ruled on your case
- Appealing to the Circuit Court
- Appealing to the South Carolina Supreme Court
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Pursuing Additional Compensation After a Greenville Construction Accident
South Carolina bars construction workers from filing a lawsuit against their employer but leaves the option for holding other negligent parties liable for their role in causing a construction accident. In many cases, your only option for benefits may be workers’ compensation.
In other cases, however, we may be able to help you identify another party whose negligence caused or contributed to your injuries. When this happens, you may be eligible to file an insurance claim or pursue a personal injury lawsuit to try to collect additional damages.
These damages will vary depending on the nature and value of your expenses and losses, but could include:
- Medical care costs not covered by workers’ compensation
- Additional lost wages
- Diminished earning capacity
- Ongoing care costs
- Other costs related to your accident or injury
- Legal costs
- Pain and suffering damages
While every construction accident case is different, some of the most common liable parties we can identify in these cases include:
- Site or property owners
- General contractors
- Subcontractors sharing the worksite
- The employers of other workers who share your jobsite
- Manufacturers of defective products
- Vendors who deliver to your worksite
For example, imagine you were working on an elevated scaffolding when someone making a delivery to your worksite ran their truck into the supports of your scaffold. This caused a collapse, and you suffered serious injuries.
You would qualify for workers’ compensation since you were working at the time, but you may also qualify to try to hold the driver’s employer liable for your injuries.
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Talk to a Construction Accident Lawyer in Greenville, SC
A construction accident lawyer in Greenville, SC, from George Sink, P.A. Injury Lawyers will review your case for free. We offer free consultations for construction site accident victims, and we can help you understand your options for pursuing compensation based on our evaluation of your case.
You may be able to get compensation from workers’ compensation, another insurance claim, or a third-party liability lawsuit. Call us today for your complimentary consultation.
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