Construction sites have a number of inherent dangers, both for workers and visitors. For this reason, there are federal and state regulations to help keep everyone safe. When workers or contractors ignore these regulations, it puts both workers and visitors in danger. If you suffered an injury on a Columbia construction site, you may be eligible for workers’ compensation or other benefits to help you cover your medical bills and cover your lost wages.
At George Sink, P.A. Injury Lawyers, we can help you understand your rights after a South Carolina construction accident. We offer free case reviews, and can help you with your workers’ compensation claim denial or filing a personal injury lawsuit against a third party who caused or contributed to your injuries. Call us today at 803-999-2993 to discuss your accident and injuries with a construction accident lawyer in Columbia, SC.
Construction Workers Are Eligible for Workers’ Compensation in SC
If you were working at the time of your construction site accident, you likely qualify for workers’ compensation under South Carolina law. You should be able to get benefits if you can prove:
- You suffered an injury or illness that required medical care.
- The injury happened at work or was work-related.
- Your company employed the minimum number of workers
The benefits available through workers’ compensation include:
- Medical treatment, emergency transportation, hospitalization, and related expenses
- Compensation for a portion of your lost wages while you cannot work
- Permanent total disability and/or permanent partial disability
- Funeral and burial benefits
Getting Compensation from a Third Party After a Construction Industry Injury in Columbia, SC
In nearly all cases, construction workers cannot file suit against their employer in South Carolina, so workers’ compensation may be your only option for benefits. However, visitors to the construction site or workers whose injuries occurred because of a third party may be able to recover compensation by filing an insurance claim or personal injury lawsuit. This may take a lawyer to determine whether you can succeed or not.
The damages you may be able to recover through this type of case include:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Ongoing care costs or future care costs
- Out-of-pocket costs related to your accident or injury
- Legal costs
- Pain and suffering damages
We will review your case to determine if there is a negligent party other than your employer that we can hold accountable for your accident and the resulting damages. If we can identify a liable property owner or contractor, we can file a claim and try to recover compensation to recover the full range of losses not covered by workers’ compensation.
Some common liable third parties include:
- Property owners
- Contractors or subcontractors sharing the worksite
- The employers of workers who share your job site
- Manufacturers of defective products
- Vendors who deliver to or visit your worksite
For example, imagine you were working on the ground when a contractor working several floors above you discarded building materials by carelessly tossing them to the ground. They struck you, and you suffered a serious traumatic brain injury and a broken leg, despite wearing a hard hat and other protective gear.
Since you were working at the time of the accident, you usually qualify for workers’ compensation insurance benefits that will pay your medical bills and about two-thirds of your regular wages. We can also help you file a claim for additional compensation from the contractor who caused your injuries — or whose employee caused your injuries. They are liable for your injuries because their worker acted negligently in carelessly throwing the materials to the ground instead of following safety protocols or through other acts of negligence.
Our Team Will Help You Fight a Denial of Workers’ Compensation Benefits
We wish the process were simple, but not everyone has an easy time properly filing their Columbia workers’ compensation claim and receiving the benefits they deserve. Try avoiding making mistakes when filing a workers’ compensation claim, such as failing to give an accurate medical history.
Too often, an injured construction worker will receive a denial in response to their workers’ compensation claim. In other cases, they may approve your claim but pay out far less than you believe you deserve.
This may occur because:
- The employer or their workers’ compensation coverage provider does not believe you suffered an injury.
- They do not believe the injury occurred at work.
- They claim you failed to notify your employer properly, as the law prescribes.
- They allege you did not follow proper protocol to get medical care.
- They failed to calculate your wages properly to determine your benefit amount.
If you receive a denial notice, you need to act quickly to fight the denial. Call us right away, and we can go to work helping you get the full benefits you need. We can handle the entire appeals process for you, including communicating with the Workers’ Compensation Commission. This leaves you free to focus on your physical recovery while we worry about the financial side of things.
Filing Form 50
To appeal your denial, we will file a Form 50. This document includes information about your accident and injuries. After filling out this form, we will get your case added to the Workers’ Compensation Commission docket. In preparation for this hearing, we will handle any inquiries and keep you up-to-date about what is happening in your case.
This often takes several months while the Commission investigates your case and assigns the Commissioner we will meet with during your hearing. Often, we can get our clients approved for workers’ compensation during this hearing. If not, we will continue to fight for your benefits. This fight may include:
- Appealing to the full Workers’ Compensation Commission
- Appealing to the Circuit Court
- Appealing to the South Carolina Supreme Court
Talk to a Construction Accident Lawyer in Columbia, SC, Today
If you suffered injuries on a South Carolina construction site, the team from George Sink, P.A. Injury Lawyers can help you understand your options for compensation. For construction workers, this may include only workers’ compensation. For visitors and some workers, though, a third party may be liable, and this allows us to try to recover additional damages on your behalf.
Call us today at 803-999-2993 for a free review of your case with a construction accident lawyer in Columbia, SC.