Everyone understands that the Construction industry comes with certain physical demands on the body in terms of wear and tear, as well as a risk of traumatic injury. In both of these scenarios—whether the worker suffered an overuse injury or was struck by a piece of heavy machinery—they are owed workers’ compensation benefits by their employer. Unfortunately, securing this vital compensation is much harder than it should be, as employers and insurance carriers typically fight tooth and nail to limit payment and medical care. To win such a claim, you need an experienced attorney on your side. The Marc Brown Law Firm can help you successfully file a Columbia workers’ compensation claim, file an appeal if your claim gets denied, and take the matter to court by filing a lawsuit against your employer/insurance carrier if necessary.
Common Types of Construction Accidents
Whether you are a roofer, brick mason, carpenter, iron worker, electrician, crane operator, road worker, or any other type of contractor worker, you happen to work in one of the most injury-prone industries, which is likely not news to you. Common types of injury accidents/incidents include the following:
- Struck by a passenger vehicle during road construction
- Crushed by heavy machinery
- Overuse injuries (also called repetitive strain injury) such as carpal tunnel syndrome, herniated disc, bursitis, tennis elbow, muscle strains/tears, or arthritis
- Hearing loss
- Falling from height
- Trip and fall on the same level
- Scaffolding collapse
- Electric shock and burn injuries
- Trench collapse
Compensation Available to Injured Construction Workers
Workers’ compensation benefits include temporary or permanent wage replacement, as well as medical care and vocational training. One of the pluses of workers’ comp is that you will receive these benefits relatively quickly, largely because you do not have to prove fault. Anyone, including yourself, or no one can be at fault for the accident or overuse injury and you can still file a claim for workers’ compensation benefits. However, if another party (such as a driver, property owner, sub contractor, or other party) caused the incident, they can be held financially responsible by filing a personal injury claim against them. In fact, you can file a personal injury claim against them and file a workers’ compensation claim at the same time. However, you cannot file a personal injury claim against your employer unless their degree of culpability falls under the category of recklessness, which is often hard to prove, though not impossible. The benefit of a personal injury claim is that it allows you to collect full wage compensation as well as other damages, such as future lost wages, pain and suffering, and much more.
Who Can Be Held Liable for a Construction Accident?
Determining liability for a construction accident can be complex, involving multiple parties who may share responsibility. Potential liable parties include:
- Employers: Employers are responsible for providing a safe working environment and ensuring compliance with safety regulations. Under the South Carolina Workers’ Compensation Act, injured workers are generally entitled to benefits regardless of fault.
- Contractors and Subcontractors: If a contractor or subcontractor’s negligence contributes to an accident, they can be held liable. This includes failing to follow safety protocols or to maintain equipment properly.
- Property Owners: A property owner may be liable if they fail to address known hazards on their premises.
- Equipment Manufacturers: If defective equipment causes an injury, the manufacturer can be held responsible under product liability laws.
How a Columbia Construction Accident Lawyer Can Help
Hiring a Columbia, South Carolina construction accident lawyer is crucial for navigating the complexities of construction accident cases. Here is how a lawyer can help:
- Investigating the Accident: A thorough investigation is essential to determine the cause of the accident and identify all liable parties. This may involve collecting evidence, interviewing witnesses, and consulting with experts.
- Filing Claims: Your lawyer can help you file a workers’ compensation claim and any necessary third-party liability claim. This can ensure that all potential avenues for compensation are explored.
- Negotiating Settlements: Insurance companies often aim to minimize their payouts. An experienced lawyer can negotiate on your behalf to secure a fair settlement.
- Representing You in Court: If a fair settlement cannot be reached, your lawyer will prepare and present your case in court to fight for the compensation you deserve.
- Ensuring Compliance with Legal Deadlines: South Carolina law imposes strict deadlines for filing personal injury and workers’ compensation claims. Your lawyer will ensure that all paperwork is submitted on time.
A construction accident lawyer’s expertise can significantly influence the outcome of your case, helping you to secure the maximum compensation for your injuries, medical expenses, lost wages, and other damages.
Why Choose Marc Brown Law Firm?
Choosing the right legal representation can make all the difference in the outcome of your construction accident case. Here’s why Marc Brown Law Firm stands out:
- Experience and Expertise: Attorney Marc Brown brings years of experience handling accident claims, including those governed by workers’ compensation and person injury law. His background includes defending large corporations and insurance companies, giving him unique insights into how these entities operate.
- Personalized Attention: As a boutique firm, Marc Brown Law Firm offers personalized and attentive service. Our clients receive tailored legal strategies that address their specific needs and circumstances.
- Aggressive Representation: We prepare every case as if it is going to trial, increasing the case’s potential value and ensuring that our clients are in the strongest possible position to negotiate a settlement.
- No Win, No Fee Guarantee: Marc Brown Law Firm operates on a contingency fee basis, meaning our clients only pay if we win their case. This approach demonstrates our law firm’s commitment to achieving successful outcomes for our clients.
- The Resources of a Larger Firm: Despite being a boutique firm, Marc Brown Law Firm has the resources and expertise typically associated with larger law firms. This allows us to effectively handle even the most complex construction accident cases.
When you choose Marc Brown Law Firm, you are choosing a dedicated advocate who will fight aggressively for your rights and work tirelessly to secure the compensation you deserve. In the event of an auto accident that occurred within a construction zone or by a construction vehicle, a Columbia automotive collision attorney can help navigate your right to compensation.
Call a Columbia Construction Worker Injury Attorney Today for Help
The world needs construction workers to do the necessary, yet often dangerous, jobs that keep society running. Your employer benefits financially from your labor as well, and they should be held financially accountable whenever you suffer any type of work accident or repetitive strain injury, regardless of fault. To get the benefits you deserve, call the Marc Brown Law Firm today at (803) 848-0008 to schedule a free consultation with a Columbia construction worker injury attorney.