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 the site owner ignores these regulations and general safety best practices, it puts lives in harm’s way. If you suffered an injury on a Charleston construction site, we can help you understand if you are eligible for workers’ compensation or to file a personal injury lawsuit.
At George Sink, P.A. Injury Lawyers, our construction accident lawyer in Charleston, SC can help you understand your right to compensation. We can help you if workers’ compensation denied your claim, or if you believe you might have a case against a negligent site owner, contractor, or other party. Call us today at 843-628-0100 to talk to a member of our Charleston construction accident team.
Construction Workers Can Get Workers’ Compensation After a Jobsite Injury
If you suffered injuries in an accident on a construction site, you likely qualify for workers’ compensation benefits. Under South Carolina law, construction workers should be eligible for benefits if:
- The injury required medical care; and
- The injury happened at work or was related to work
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
Filing a Personal Injury Claim After a Construction Site Injury in Charleston
South Carolina’s workers’ compensation laws prevent construction workers from filing a personal injury lawsuit against their employer. In some cases, this may mean their only option is to file for workers’ compensation benefits. In other cases, however, it may be possible for these workers or visitors who suffered injuries on a construction site to file a personal injury claim or lawsuit against a negligent party other than this employer, if they were on the job, who played a role in their accident.
When you call us to discuss your case, we will meet you at your home, a hospital, or in another location that is convenient for you. 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 usually determine if you may be eligible to file an injury claim or lawsuit in your 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
For example, imagine a truck delivering roofing supplies accidentally backed into you on the jobsite. You broke an arm and a leg and missed several months at work.
You were at work at the time of the accident, so you qualify for workers’ compensation benefits. However, these benefits only cover your necessary medical care and two-thirds of your regular wages. To recover the rest of your damages, we would likely be able to pursue a case against the delivery truck driver’s employer. The employer’s worker acted negligently and caused your injuries, so it is legally responsible under vicarious liability laws for the damages you suffered.
If we can win a settlement or verdict for you in a Charleston construction accident case, you may be able to recover a wide range of damages. This may include:
- Medical expenses
- Lost wages and benefits
- Diminished 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 doctor’s appointments, paying for parking at appointments, etc.)
- Legal costs
- Pain and suffering damages
If the insurance company will not pay out to cover your losses and expenses, we will pursue a personal injury lawsuit in South Carolina civil court.
We Can Also Fight a Denial of Your Workers’ Compensation Benefits
Occasionally, workers’ compensation denies 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.
- They claim you did not offer proper notification of your injury. Be careful here!
- They claim you did not get immediate medical care, as required.
If you receive a denial notice, we can go to work immediately to help you fight for the full benefits you deserve. Our team can handle the appeals process from start to finish on your behalf. This includes managing all communication 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 about 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
Talk to a Construction Accident Lawyer in Charleston, SC
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 for getting the maximum compensation available to you based on the facts of your situation. We can handle your workers’ compensation appeal and/or a personal injury lawsuit against the negligent party who caused your injuries.
Call us today at 843-628-0100 for a complimentary consultation with one of our construction accident attorneys in Charleston.