If you have been injured in a construction accident, you have certain rights under North Carolina law. You may have three claims for damages as a result of injuries you sustain in a construction accident. First, you may have a claim for workers’ compensation benefits against your employer if you were injured while in the course and scope of your employment. Second, you may have a claim against another company or individual, other than your employer or co-employee, if the accident was caused by their negligence. Third, you may have a claim against your employer for damages if the employer was negligent. This third claim is limited to certain types of accidents that are called Woodson claims. As you can see, construction accidents may result in three types of claims and therefore they can be very complicated cases which need to be evaluated by an experienced attorney who has handled these types of cases.
If you are injured in a construction accident, it is important to report your accident in writing to your employer immediately. If you have a camera or cell phone with a camera, it is important to take photographs of the scene immediately. You should also let your attorney know if OSHA investigates the construction accident because OSHA will have a file from the investigation which contains important information. You should also obtain the full names and telephone numbers of any witnesses to the accident. You should contact an attorney immediately before you give a recorded statement to an insurance company. In many instances, the insurance company is taking the recorded statement to determine if you have a compensable claim and therefore it is very important to speak to a knowledgeable attorney as soon as possible so that your rights are protected.
Damages that you may be entitled to as a result of injuries in a construction accident may include medical expenses, loss of earnings, pain and suffering, compensation for permanent injuries, scarring and emotional distress.
There may be other rights available to you. Please contact us or call
(919) 419-9933 for a free consultation.
Construction Accidents
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
