Construction Accident Lawyer in New Bern

Construction sites can be dangerous environments, even for the most experienced workers. They can lead to serious injuries, costly medical bills, and lasting emotional trauma. If you’ve been injured while working on one, a New Bern personal injury lawyer can help you file a claim.

The attorneys at Whitley Law Firm have over 120 years of combined legal experience. If you’ve been hurt in a construction accident, a construction accident lawyer in New Bern can take on your case and help you pursue the compensation you’re entitled to.

Why Hire a New Bern Construction Accident Lawyer?

If you’ve been injured on a construction site, a New Bern construction accident lawyer can provide valuable assistance. Specifically, they can:

• Investigate the accident: A lawyer can gather evidence and identify the parties responsible for the incident.
• File for workers’ comp: An attorney can assist with your workers’ comp claim and ensure it complies with state regulations.
• Negotiate with insurers: A lawyer can push back against lowball settlement offers and pursue fair compensation on your behalf.
• File a lawsuit: If a third party bears responsibility for your injury, a lawyer can help you file a personal injury claim.

How Much Do Construction Lawyers Charge?

The construction accident lawyers at Whitley Law Firm work on a contingency fee basis. This means:

• You pay no upfront fees.
• Your lawyer receives an agreed-upon percentage of your settlement or award.
• If you don’t win your case, you don’t owe anything.

New Bern Construction Accident Lawyer Near Me (800) 785-5000

Do You Have to Have a Lawyer to Get a Workers’ Comp Settlement?

While it’s not legally required to hire a lawyer for a workers’ comp claim, having legal representation can be highly beneficial.

Workers’ compensation laws can be complicated, and insurance companies often attempt to minimize payouts. A lawyer can defend your rights, help you get through the claims process, and negotiate a fair settlement on your behalf.

Who Qualifies for Workers’ Compensation in North Carolina?

Under North Carolina law, most employees are entitled to workers’ compensation benefits if they are injured on the job. This includes:

• Full-time and part-time employees
• Temporary workers
• Apprentices and trainees

Workers’ compensation is a no-fault system, so you don’t have to prove your employer was negligent to qualify.

Who Does Not Qualify?

Certain workers are excluded from North Carolina’s workers’ compensation system, including:

• Independent contractors
• Domestic workers
• Sole proprietors and partners (unless they opt in)
• Federal employees

A New Bern construction accident attorney can help clarify your eligibility.

How Much Does Workers’ Comp Pay in NC?

Workers’ compensation in North Carolina pays two-thirds of your average weekly wage, subject to a state-mandated maximum. For example, if you earned $900 per week, you would receive approximately $600 in wage replacement benefits.

The exact amount you receive will depend on your pre-injury earnings and the maximum allowable benefit at the time of your claim.

Which Work Injury Pays the Most?

Some of the highest-paying construction injuries are:

• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Loss of limbs
• Severe burns
• Crush injuries
• Severe internal organ damage
• Permanent hearing loss
• Occupational illnesses, such as mesothelioma or silicosis

Types of Compensation Available

Under North Carolina’s workers’ compensation laws, you can receive the following benefits for a construction injury:

• Wage replacement benefits: You can receive two-thirds of your average weekly wage, subject to a maximum limit set by the state.
• Medical benefits: You can have all necessary medical treatments related to your injury covered, including surgeries, medications, and rehabilitation.
• Disability benefits: You can receive compensation if your injury results in temporary or permanent disability.
• Vocational rehabilitation benefits: You can receive assistance with job training or education if your injury prevents you from returning to your previous role.
• Death benefits: If a worker dies from their injuries, their dependents can receive financial support.

A construction accident attorney in New Bern helps determine which benefits you’re eligible for.

Does NC Workers’ Comp Pay for Pain and Suffering?

No, North Carolina’s workers’ compensation system does not cover pain and suffering. However, if a third party contributed to your injury, you may be able to file a personal injury lawsuit to seek additional funds.

How Long Do I Have to Apply for Workers’ Comp in NC?

If you suffer a work-related injury in North Carolina, you must notify your employer within 30 days. Then, you have to file your workers’ compensation claim with the North Carolina Industrial Commission within two years. If you miss these deadlines, you could lose your right to seek compensation.

How to Apply for Workers’ Comp in North Carolina

To file a workers’ compensation claim in North Carolina, you must complete these steps:

1. Report the injury: Notify your employer in writing within 30 days.
2. Seek medical attention: Visit an approved healthcare provider.
3. File Form 18: Submit this form to the North Carolina Industrial Commission.

A New Bern personal injury attorney can guide you through this process.

How Long Does It Take to Settle a Workers’ Comp Case in NC?

The length of your workers’ comp case will depend on its complexity. While some claims are resolved within a few months, those involving disputes or severe injuries can take a year or more. A personal injury lawyer in New Bern can help expedite the process.

How Do I Know if My Settlement is Fair?

A fair workers’ comp settlement generally covers:

• Current and future medical expenses
• Lost wages
• Rehabilitation costs

A personal injury attorney in New Bern can make sure you’re fairly compensated.

How Can I Maximize My Workers’ Comp Settlement?

To maximize your workers’ comp settlement, it’s crucial to:

• Report your injury promptly.
• Follow your doctor’s instructions.
• Keep detailed records of all expenses and medical treatments.
• Avoid discussing your case on social media.
• Work with an experienced construction accident lawyer.

What Happens if My Claim Gets Denied?

If your workers’ compensation claim is denied, you have the right to appeal. The appeals process involves:

1. Requesting a hearing with the North Carolina Industrial Commission
2. Presenting evidence to support your case
3. Escalating the case to higher courts (if necessary)

A construction accident attorney can make sure you receive compensation for your injury.

How Long Does It Take to Receive Workers’ Comp?

In most cases, you can expect to start receiving workers’ comp benefits within a few weeks of filing your claim if it is approved. Delays may occur if there are disputes over the claim or if additional documentation is required.

An experienced attorney can ensure you receive your benefits as quickly as possible.

How Long Can You Stay on Workers’ Comp in NC?

In North Carolina, medical benefits for work-related injuries generally continue as long as treatment is necessary and related to the workplace accident.

Workers’ comp usually covers temporary total disability benefits for up to 500 weeks. However, you may receive benefits for longer if you can demonstrate total permanent disability (TPD), which happens when you have completely lost your wage-earning capacity.

Can a Company Fire You for Applying for Workers’ Comp?

In North Carolina, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you believe you were fired as a result of your claim, you may have grounds for a wrongful termination lawsuit.

Can I Sue My Employer?

Under North Carolina’s workers’ compensation laws, employees typically cannot sue their employers for workplace injuries. Workers’ comp serves as an exclusive remedy, providing benefits regardless of fault.

However, there are exceptions. For example, if your employer intentionally caused harm or doesn’t carry workers’ compensation insurance, you might have grounds for a lawsuit. Additionally, you may be able to sue third parties who contributed to the accident, such as equipment manufacturers.

A construction accident lawyer can help determine whether a lawsuit is the best course of action.

What is the Statute of Limitations for Construction Accident Lawsuits in NC?

The statute of limitations for filing a personal injury lawsuit in North Carolina is generally three years from the date of the accident. If the accident resulted in a wrongful death, the deadline to file a lawsuit is two years from the date of death.

If you don’t file your claim before the applicable deadline, you could lose your right to seek compensation. A lawyer can help you file it promptly.

How Long Does a Construction Lawsuit Take?

The length of construction accident lawsuits varies by case. Some settle within a few months, while others take years to conclude.

Factors that can affect a case’s duration include the severity of the victim’s injuries, the number of parties involved, and whether the case goes to trial. An experienced attorney can help streamline this process.

Common Causes of Construction Accidents

Construction accidents often result from a combination of hazardous conditions and human error. Common causes include:

• Falls from heights, such as scaffolding or ladders
• Being struck by falling objects
• Equipment malfunctions or defects
• Electrocution from exposed wires
• Slips, trips, and falls on uneven surfaces
• Trench collapses
• Heavy machinery accidents

Common Construction Accident Injuries

Construction sites expose workers to numerous risks. Common injuries include:

• Broken bones and fractures
• Traumatic brain injuries (TBIs)
• Spinal cord injuries and paralysis
• Burns from fires or chemical exposure
• Amputations
• Hearing loss from excessive noise
• Respiratory illnesses from inhaling toxic substances

What is Workers’ Compensation?

Workers’ compensation is a system designed to provide financial support to employees injured on the job. It covers medical expenses, lost wages, and disability benefits.

The program is a no-fault system, meaning you don’t have to prove your employer was negligent to receive benefits. Workers’ comp also protects employers from lawsuits, except in cases of gross negligence or intentional harm.

What to Do After a Construction Accident

Taking the right steps after a construction accident can strengthen your claim. Here’s what you should do:

1. Document the scene: Take photos or videos of the accident site, your injuries, and any hazardous conditions. If any witnesses are available, exchange contact information with them.
2. Seek medical attention: Seek immediate medical care, even if your injuries seem minor.
3. Report the accident: Notify your employer or supervisor as soon as possible. Failing to report the incident promptly could jeopardize your workers’ comp claim.
4. Consult an attorney: An experienced construction accident lawyer can review your case and guide you through the legal process.

Speak to a Construction Accident Attorney in New Bern

The workers’ compensation process can be daunting, especially if you’re recovering from a work injury. But you don’t have to get through the process alone.

Whitley Law Firm has extensive experience with work injury cases. If you’ve been hurt in a construction accident, a New Bern construction accident lawyer from our team can help you seek compensation for medical bills, lost wages, and any other damages you’re eligible for.

Schedule a free consultation to protect your future.