Construction is a big business in North Carolina. The Tar Heel State has one of the fastest-growing populations in the nation, and all those new residents need places to live and work. However, construction is also a hazardous industry, with thousands of reported workplace injuries in the state every year.
The good news for construction workers who get hurt on the job is that North Carolina’s workers’ compensation system exists to help them get back to work. It can pay for medical costs, offset a portion of their lost wages, and compensate them for long-term disability. The bad news, however, is that the system is complicated, confusing, and tilted in favor of employers.
If you’ve suffered a construction accident injury in North Carolina, you need a legal team that has deep insight and experience in both the industry and the workers’ compensation system. That’s exactly what you’ll find at Younce, Vtipil, Baznik & Banks. We can help you file your initial claim, represent you at appeals, and negotiate a fair settlement at the conclusion of your case.
Contact us today for your free consultation with a workers’ comp lawyer for construction accidents in North Carolina, and let us help you assert your rights.
Common Construction Accidents Covered by Workers’ Compensation
According to the U.S. Bureau of Labor Statistics (BLS), the construction sector is the most deadly private industry for workers in North Carolina, causing 36 fatalities in one recent year. While there are many different types of hazards in construction work, the Occupational Safety and Health Administration (OSHA) refers to these as the “fatal four” accidents due to their high likelihood of serious injury or death:
- Falls – Construction workers routinely perform jobs at heights, putting them at risk of falling from roofs, scaffolds, ladders, elevated platforms, and unfinished floors. Workers may also fall through unprotected floor openings or skylights. Slips, trips, and falls accounted for 14 of the 36 construction industry deaths in North Carolina.
- Caught-in/between – These accidents occur when a worker is caught, crushed, squeezed, or pinned between objects or equipment. Examples include being trapped in a trench collapse, pulled into unguarded machinery, or pinned between heavy equipment and a wall or other fixed object.
- Struck-by – Busy construction sites expose workers to moving vehicles, heavy machinery, suspended loads, and falling or flying objects. A worker might be struck by a backing truck, a swinging crane or excavator, materials falling from scaffolding, or an object propelled by a power tool.
- Electrocution – Electrical hazards can arise from overhead power lines, temporary wiring, damaged cords, power tools, and improperly grounded equipment. For example, a worker may be electrocuted when a ladder or crane contacts a power line or when damaged electrical equipment becomes energized.
What Benefits Are Available After a Construction Accident?
Construction workers who get injured on the job may be entitled to several different types of benefits under North Carolina’s Workers’ Compensation Act, including:
- Medical benefits – Workers’ comp pays for all reasonably necessary medical treatment related to a covered workplace injury, such as emergency care, hospitalization, surgery, doctor visits, medication, and physical therapy (C.G.S. §§ 97-2, 97-25).
- Temporary disability benefits – When an injury prevents a construction worker from returning to work or causes them to take light-duty work that pays less, the worker may qualify for temporary disability benefits. In North Carolina, total disability benefits are calculated at two-thirds of the worker’s average weekly wage, subject to statutory limits (N.C.G.S. § 97-29). Partial disability benefits pay two-thirds of the difference between the worker’s pre- and post-injury average weekly wages (N.C.G.S. § 97-30).
- Partial permanent disability benefits – Serious construction injuries can result in permanent impairment, such as the loss or reduced use of a hand, arm, leg, foot, eye, or other body part. Injured construction workers may be entitled to partial permanent disability benefits based on the part of the body affected and the degree of impairment (C.G.S. § 97-31).
- Total permanent disability benefits – These benefits are for workers who cannot work at all in any job for the rest of their lives (N.C.G.S. § 97-29).
- Vocational rehabilitation – An injured worker who cannot return to their previous construction job but is not completely disabled from working may qualify for vocational rehabilitation services. These benefits are designed to retrain a worker and help them return to suitable employment (N.C.G.S. § 97-32.2).
Does Workers’ Compensation Cover Every Construction Worker?
Workers’ compensation covers most employees in the state. With limited exceptions, all employers with three or more employees must carry workers’ compensation insurance that provides no-fault benefits to employees who get hurt on the job (N.C.G.S. §§ 97-2, 97-93). This includes many construction companies.
However, North Carolina workers’ comp does not cover independent contractors. That’s why some employers misclassify employees by calling them independent contractors when they are actually employees. Still, your employer can’t get out of its responsibility to you simply by paying you under the table or claiming you’re a contractor when you’re not.
North Carolina courts look beyond job titles to examine the actual working relationship (Hayes v. Board of Trustees of Elon College, 224 N.C. 11, 29 S.E.2d 137 (1944)). You might qualify for benefits even if you’re labeled an independent contractor if your employer:
- Controls when, where, and how you perform your work
- Provides tools and equipment
- Pays you an hourly wage
- Treats you like an employee
Even if your employer has you sign a contract that designates you as an independent contractor, the courts may look past the contract to the actual control the employer exercised over you (Watkins v. Murrow, 253 N.C. 652, 657, 118 S.E.2d 5, 9 (1961)).
We have successfully challenged many improper classifications before the North Carolina Industrial Commission (NCIC) and can fight for your right to workers’ compensation coverage, too.*
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When Can a Construction Worker File a Personal Injury Claim?
Workers who are hurt in construction accidents are usually entitled to workers’ compensation benefits, which is a no-fault system. While workers’ comp is typically the only claim you can bring against your employer, a third party other than your employer or coworkers may also be responsible for your accident, such as:
- A company that made a defective tool or piece of equipment
- A vendor who was driving carelessly
- Someone employed by another contractor at the site who acted negligently
- A property owner who created a dangerous condition at the site
In these cases, you may be able to file a construction accident lawsuit against the at-fault parties. These claims can provide compensation beyond what workers’ comp benefits provide, such as for your pain and suffering.
If you have been injured at a construction site in Raleigh or elsewhere in North Carolina, you should speak with an attorney to find out about your rights under workers’ compensation law. A knowledgeable attorney can also advise you regarding any third-party claim you may be able to bring.
Why Choose Younce, Vtipil, Baznik & Banks as Your Attorney After a Construction Accident?
A construction accident can leave you in the hospital, with severe pain, and out of work. If you’ve suddenly found yourself in this situation, you need a lawyer who understands what you’re going through and will fight hard for the benefits you’re entitled to under the law.
At Younce, Vtipil, Baznik & Banks, we offer over 100 years of combined legal experience. That means our team has in-depth knowledge and honed skills that we can use to pursue your construction accident claim.
We’ve recovered millions of dollars in workers’ compensation claims, providing our clients the security and resources they needed after serious workplace injuries. Our attorneys have an excellent record of success in construction accident cases, including:
- $7,300,000 personal injury settlement
- $3,336,000 wrongful death and workers’ compensation settlement
- $2,625,000 workers’ compensation settlement*
Results aren’t the only thing that matters during the aftermath of a workplace accident, though. We’re also committed to providing you with excellent customer service while pursuing maximum compensation on your behalf. Our goal is for you to have the time you need to rest and recover, confident that we’re handling the legal work for you.
Here’s what one of our repeat clients had to say about our firm:
“We are very grateful with this firm, They have been our lawyers for more than 17 years, always excellent service and good communication, in Spanish or English! Younce, Vtipil, Baznik & Banks, P.A., always fighting for the rights of their clients! For that reason I give them 5 stars if I could I would give them more!” – Javier Pintos
Our Workers’ Compensation Lawyers in Raleigh, NC Are Ready to Assist You
If you’ve been hurt while working construction in North Carolina, contact Younce, Vtipil, Baznik & Banks right away. A workers’ compensation lawyer at our firm will meet with you during a free case review to discuss how we can help.
*Each case is unique, and past results do not guarantee future outcomes.
