The construction industry is one of the most dangerous industries to work in, which is why workers often get seriously hurt. Injuries often prevent these workers from getting back to work, resulting in lost income and potentially causing a financial crisis.
Discussing your potential legal options with an experienced Charleston construction accident lawyer at Roden Law may help the recovery process. Our legal team has recovered millions in compensation on behalf of our clients. Founding partner Eric Roden is a member of the America’s Top 100 High Stakes Litigators®.
Our firms provides a free and confidential initial consultation with no obligation to pursue a claim. We are ready to review your situation to determine if you may have legal options to seek compensation. Since we work on a contingency fee basis, there are no upfront fees. We only get paid if we help you obtain compensation.
Give us a call at 1-844-RESULTS to learn more.
Am I Eligible to Pursue Compensation?
Each case is unique. However, to determine if you may have grounds to pursue legal action, we first need to understand more about your accident. There may be contributing factors, along with other laws and regulations that may impact your ability to pursue a claim.
That is why we strongly recommend that you contact a licensed and experienced lawyer to find out if you are eligible for compensation. Some things we may need to consider include:
- How your accident happened
- The type of accident that occurred
- Where you were at the time of the accident
- The types of injuries you sustained
- If you spent time in the hospital
- If you were diagnosed with anything specific after the accident
- How the accident site looked before you got injured
- If you were wearing safety gear and following proper safety protocols
- Whether your employer or others at the site took proper steps to create a safe work area
Talking with you about your situation will give us a better idea of whether you may be able to seek financial compensation. We are prepared to review your claim during a 100 percent free, no-obligation legal consultation.
Call Roden Law today at 1-844-RESULTS.
Types of Construction Accident Claims
If you have been injured in a construction accident, there may be a few different options that may enable you to seek compensation for your injuries.
Workers’ Compensation Claim
The majority of South Carolina employers are required to provide their employees with workers’ compensation benefits in the event of a workplace accident. Injured workers who are covered by the workers’ compensation system may be able to obtain compensation for medical expenses and a percentage of lost wages.
These types of claims protect the employer from getting sued by the injured employee. Workers do not need to prove negligence, only that the injury occurred at work while they were engaged in work-related activities.
Personal Injury Claim
If you are injured due to a third party’s negligence, you may be able to file a personal injury lawsuit against a third party. In these types of claims, your Charleston construction accident lawyer will need to prove that these elements of negligence were present in your accident:
- Duty of care – The third party had a legal obligation to maintain a safe environment or act in a reasonable manner to prevent harm to others. For example, product manufactures have a legal duty to ensure that the equipment they manufacture is free from unreasonable dangers or includes adequate warnings about risks.
- Breach of duty of care –The third party did not uphold its legal obligation to act reasonably to help keep others at the construction site safe. For example, perhaps a forklift operator failed to double-check his or her surroundings before operating the machine.
- Causation –There must be a direct link between the third party’s negligent actions and your injuries. If the at-fault party had handled the situation differently, you would not have suffered an injury.
- Damages exist – The last element that your lawyer will need to establish is that you suffered damages from the accident, such as medical expenses and lost wages.
Wrongful Death Claim
If a loved one passed away in a construction accident, you may be able to file a wrongful death claim to help cover final expenses and other losses. In South Carolina, only a personal representative of the deceased’s estate can bring a wrongful death claim. Eligible dependents who can recover damages include the surviving spouse and children or, if the deceased has no spouse or children, the surviving parents.
It is important to reach out to an experienced lawyer to learn more about your potential legal options.
What Is the Value of My Case?
There may be various types of compensation available to you depending on the claim you pursue. It is important to note that workers’ compensation claims only cover medical expenses and a portion of lost wages if you become disabled. These claims may also provide compensation to surviving family members of a deceased worker.
If filing a wrongful death claim, the surviving family member may be able to obtain compensation for medical bills the deceased incurred during treatment, funeral and burial costs, lost wages and other benefits. He or she may also be compensated for any pain and suffering endured because of the loss of his or her loved one.
In personal injury claims involving the negligence of a third party, the injured employee may be able to pursue economic and noneconomic damages. These may include the following:
- Past and current medical expenses
- Assistive medical equipment, such as a wheelchair
- Prescription medication
- Transportation costs to and from doctor’s appointments
- Physical therapy
- Surgery costs
- Loss of enjoyment of life
- Physical pain and suffering
- Emotional distress
- Permanent scarring
Our firm can be reached by phone at 1-844-RESULTS. Alternatively, you can complete our free online form and a representative from our firm will reach out to you shortly.
Is There a Time Limit to Pursue Compensation?
If injured in a construction accident, it is important to take legal action as soon as possible. Workers’ compensation claims must be filed within two years from the date of accident. However, you must report the injury to your employer within 90 days of the accident.
To claim wrongful death benefits, you also have a two-year time limit. If you are filing a personal injury claim, you must file within three years from the date of the accident.
Missing the deadline will likely result in a court dismal and an inability to receive compensation. If you are unsure which deadline applies to you, contact one of our construction accident lawyers in Charleston to discuss this during a free legal consultation.
How Can a Lawyer from Roden Law Help My Case?
At Roden Law, we are well-versed in state and federal laws and also safety standards set by the Occupational Safety and Health Administration (OSHA). If we find you have a valid case, we are prepared to:
- Thoroughly investigate your accident and the injuries you suffered
- Collect supportive evidence to help build a strong case on your behalf
- Consult with medical experts
- Negotiate for fair compensation
- Prepare to present you case at trial, if necessary
We have the resources and staff to handle each phase of the legal process on your behalf, so you can focus on your recovery. If your workers’ compensation claim is denied, we know how to file an appeal and are ready to represent you at no upfront cost to you.
Roden Law is ready to take your call: 1-844-RESULTS
Who May Be Liable for a Construction Accident?
If you are filing a workers’ compensation claim, liability is not an issue. You could be at fault, but as long as the injury is work-related, you may still be eligible for benefits.
However, for claims involving third parties, you must establish fault. Parties that may be held liable for construction accidents include:
- General contractors must ensure the construction site is safe and must warn employees of any known hazards.
- Engineers and architects are responsible for ensuring that their designs are not unreasonably dangerous.
- Subcontractors must ensure that tasks under their control are managed safely.
- Construction site managers must properly train employees and hire qualified workers.
- Manufacturers and suppliers must ensure their equipment is safe to use before releasing it to construction companies.
These entities can be held liable for many reasons, including but not limited to:
- Lack of safety equipment, like gloves and hard hats
- Failure to supervise
- Failure to abide by safety standards set by OSHA
- Lack of employee training
Determining who is liable and why can be a difficult task. Victims may benefit from the knowledge and experience of a licensed lawyer.
Free Case Reviews. Ph: 1-844-RESULTS
Common Construction Site Accidents
OSHA has a list of the four most dangerous construction site accidents:
- Hit-by accidents, which include being struck by objects or a vehicle
- Falls, such as from tall buildings, ladders, scaffolding or unstable walkways
- Caught-between accidents
Other common construction site accidents include:
- Trench collapses
- Forklift accidents
- Falling tools
- Heavy machinery accident
- Lack of guardrails
- Toxic chemical exposure
Reach Out to a Charleston Construction Accident Lawyer Today
Our firm is prepared to review your claim during a 100 percent free legal consultation. We have extensive knowledge of the legal process, construction industry regulations, workers’ compensation laws, and other construction-specific factors that may apply.
There is no risk for you to learn about your potential legal options and no upfront fees if we take represent you. We only get paid if we help you obtain a recovery.