Construction is one of the most dangerous industries for workers in Greenville. From heavy equipment failure to falls from heights, construction site workers may suffer catastrophic injuries on the job. When these accidents happen, injured construction employees must do a few things to get the help they deserve and need.
If you recently got injured on the job at a construction site in Greenville, you have legal rights under the workers’ comp laws in South Carolina. Contact a Greenville workers’ comp lawyer now to learn more about your next steps after a construction accident. The Dan Pruitt Injury Law Firm helps injured construction workers in Greenville evaluate their rights post-accident.
Causes of Construction Accidents
Construction accidents happen all too often and can occur anywhere on the worksite. Any of these construction accidents can be caused by failure to adhere to OSHA safety requirements, or general safety guidelines. Site supervisors and managers have a legal responsibility to ensure that the construction work site is as safe as possible.
Accidents can occur due to:
- Poor communication
- Chemical spills
- Pressure for workers to complete work by specific deadlines
- Inadequate maintenance
- Mechanical failures on cranes, forklifts, and other machines
- Getting stuck or crushed between machinery
- Slipping and falling
- Scaffold or structure collapse/accidents
- Failure to use personal protective equipment
- Inadequate training upon hiring
These circumstances may allow a victim to recover compensation after they have been seriously hurt. Filing a workers’ compensation claim may be a worker’s best opportunity to get their damages paid and to focus on treatment recovery.
Workers’ Compensation for Construction Accidents on the Job
Workers’ compensation for construction accidents on the job. If you get hurt in a construction accident, it is extremely important to file a workers’ comp claim as soon as possible. You need to inform your employer immediately about this, so they can start the process of helping you recover workers’ comp benefits.
Lost income benefits in South Carolina are determined according to your wages prior to the injury. People who file a worker’s compensation claim through their employer are not able to separately sue their employer due to existing laws, but you may also have grounds for a third party claim against the contractor, or another party.
If your family relies on your income, missed time at work can add up for a construction worker. Filing a workers’ comp claim might be your best opportunity to get your medical treatments managed and to heal from your injury.
After you have received treatment, your first step is to file Form 50 with the WCC, which must be done no later than two years after your injury. It is far better to work with a qualified workers’ comp lawyer to help you file this much sooner.
A construction accident lawyer in Greenville can help you to look through this form and make sure that you provide appropriate information. Even missing minor details or other honest mistakes could delay your claim, or lead to a claim denial.
Do You Have a Third-Party Claim?
Although you would not sue your employer for workers’ compensation accidents, another party may be responsible for your injuries. This is known as a third-party claim. A consultation with a Greenville construction accident lawyer can help you reveal whether or not another person or entity is responsible for the injuries you suffered.
For example, if a piece of equipment malfunctioned and left you dealing with the consequences, the manufacturer of that equipment might be liable if you believe the product is defective.
If some other contractor on the job is delivering materials, for example, and you get struck in that vehicle accident, you might have a legal claim against that driver and their employer. Those claims are handled outside of your workers’ comp case.
If a delivery driver not employed by the company ran into you while you were backing up that truck, then the company employing that driver might also be held liable. It is important to conduct a thorough investigation to identify all of these issues, and to name all potentially liable parties. Seeing an approved doctor immediately, it helps to protect your legal right to compensation and prepares you for the road ahead.
When am I entitled to temporary lost wages?
If your doctor believes that you will not be able to return to work for seven days or more, you may have the right to temporary lost wages through the workers’ compensation system. These should pay out on the eighth day that you are unable to return to work, or on the first day if you are out of work for longer than two weeks.
These benefits will pay a maximum of two-thirds of your average weekly pay. Your healthcare provider may determine that you may be allowed to return to light-duty construction work after some time, at which point you can seek temporary partial compensation. Having a lawyer to guide you through this legal process greatly increases your chances of success.
Contact a Greenville Construction Accident Lawyer Today
Representation from an experienced Greenville construction accident lawyer could be essential for protecting your legal right in worker’s compensation and in third party injury claims.
Your lawyer takes on responsibilities such as:
- Making sure you’ve appropriately reported your injury
- Verifying that you have filed the claim through Form 50 or Form 52
- Helping to verify that your average weekly wages are what you should receive
- Fighting for medical benefits if these get denied
- Ensuring that you receive care from the right providers
- Knowing when your wage benefit payouts begin
- Arguing against your employer’s demand to return to work while you’re still recovering
- Understanding what you’re eligible for when it comes to permanent disability
- Negotiating your case and pursuing appeals where necessary
A Greenville construction accident lawyer can help you determine if you have both a workers’ comp and a third party construction injury claim. Contact the Dan Pruitt Injury Law Firm for a discussion about your construction accident today.