Raleigh Construction Accident Case Study
As a steel-worker was working on a demolition project at a call mall, the roof caved in and caused him to fall about eight feet. This resulted in a spinal cord injury, which paralyzed his lower extremities. Furthermore, the worker also suffered emotional trauma, including depression and post-traumatic stress disorder, as a result of the incident.
Because of these losses, the worker called a seasoned workers’ compensation lawyer at the Whitley Law Firm by the recommendation of a neighbor. This recommendation was given because our firm has experience in handling construction site cases and the ability to handle both the workers’ compensation claims, as well as any relevant third-party liability cases or lawsuits against an at-fault construction company.
This construction accident involved multiple defendants, including the client’s employer, a general contractor, and the mall itself. Quickly, an attorney at our firm was able to form a personal relationship with the client. Having a trusting and positive working relationship is often essential for these types of cases.
Important Legal Elements of an Injury at Work
Raleigh-specific regulations may apply to a case involving an injured worker. For example, if a worker is harmed on an active construction site or demolition site during work hours, North Carolina and federal OSHA rules apply toward that worker’s safety.
Furthermore, the role that a doctor could play in determining a claimant’s injuries can be significant. In this case, the client had an extensive treatment team, both in North Carolina and in a facility called the Sheperd Center, which is a premiere spinal cord injury facility. Because this incident occurred while the client was at work, workers’ compensation benefits covered the costs of his care. Obtaining and properly utilizing medical records may be crucial for a claim. Without proper representation of injuries—and subsequent care—a worker might not be able to request adequate compensation.
Lastly, if you were injured while actively working, reaching out to a well-versed lawyer may prove essential. A seasoned attorney could help to explain your rights, gather the appropriate medical records, and guide you through each step of the legal process. To schedule a consultation, call today.
Initial Client Consultation
In this case, our client was initially unconscious after the incident. As soon as he regained consciousness, an attorney met him and his family at the hospital. At this stage, our client still did not fully understand the extent of his injuries. However, he was able to recount what he remembered about the event and gave authority to the attorney to begin an investigation.
For an investigation to begin, it was essential for the construction project to be stopped. This way, the area could be inspected before things were cleaned up, moved, and before people started to leave their jobs so that interviews could be conducted.
Afterward, an attorney sent out the preservation of evidence letters, legally known as spoliation of evidence letters, to any potential defendants or anyone who may be responsible for an injury case. This letter demands that any evidence that they created or that was on the worksite prior to an accident be preserved. This is often essential for a case—once a letter is received, any evidence that is subsequently destroyed could be argued as being harmful to a defendant’s case. Therefore, an experienced Raleigh lawyer familiar with worksite accidents could send spoliation of evidence letters as soon as they are brought onto a case.