Charleston Construction Accident Lawyers
Charleston Construction Accident Lawyers
More than one in every 100 construction workers is hurt on the job each year. Injuries can keep workers off the job for days or even permanently. If you have been injured in a construction accident, you have legal options that could help you obtain compensation for your injuries. How you seek compensation depends on the circumstances of the accident. Always contact a construction accident lawyer to discuss your legal options before you take any steps in your case.
What Are Common Causes of Construction Accidents in Charleston?
Construction work is known as one of the most dangerous professions. Many things happen on a construction job site, and not everyone takes the necessary care to keep workers safe. Some companies may cut corners in the name of profits.
Common causes of construction accidents include:
- Falls
- Electrocution
- Caught between
- Struck by objects
- Defective work machinery
In addition, construction employees may be injured due to the circumstances of their job. They may not have been properly trained to do the expected tasks, or they could suffer an overuse injury. These types of injuries could result from strains or accumulate over time.
Who Can I Sue for Construction Accidents?
There are special rules in a construction accident case that could determine who you can sue for your injuries, and if you can even file a lawsuit at all. Employers are generally immune from nearly all lawsuits because they have spent the money to purchase Workers’ Compensation insurance.
However, you can file a lawsuit against a third party who was to blame for your accident. When you hire a construction accident lawyer for your case, they will conduct a complete investigation to determine whether there are any potential third parties whom you may sue.
Third-party defendants who may be responsible for your injuries include:
- Other contractors and subcontractors who were present at the job site.
- The owner of the property on which you were injured.
- The manufacturer of a defective piece of work machinery in a product liability lawsuit.
- An architect or engineer who was negligent in the design of the structure.
How Do I Win a Construction Accident Lawsuit?
Depending on the type of lawsuit that you are filing, you may need to prove one of two things to win your case and be entitled to damages:
- In some cases, you must prove that the defendant was negligent to win your case. Negligence means that someone else owed you the duty of care, and they did something that would be considered unreasonable under the circumstances. For example, if you have been injured in a fall from scaffolding, you would need to prove that someone did not exercise due care in assembling it.
- If you are filing a product liability lawsuit, the defendant may be strictly liable if you can prove that a certain product was defective. Here, defects can involve the product’s manufacturing and design or the failure to warn of a known problem. You can also win a product liability lawsuit by proving that the defendant was negligent or that the product breached one of a number of warranties.
Workers’ Compensation Benefits for Construction Accidents
Workers’ Compensation is an important insurance system that protects injured construction workers. As long as you suffer a work-related injury, you should be able to receive Workers’ Compensation benefits. It does not matter whether you were at fault for the injury as long as you were not reckless or acted intentionally in some way.
You can file a claim with the insurance company that provides coverage for your employer. If your claim is successful, you could receive the following Workers’ Compensation benefits:
- Two-thirds of your average weekly wage that you were earning at the time of your injury, up to the average weekly wage in the state of South Carolina.
- Reasonable and necessary medical expenses to treat your injury.
- Vocational training if you need to learn a new skill to earn a living in light of your injuries.
If you have been permanently injured, you may be entitled to compensation based on a table that assigns several weeks of benefits per injury. A family may receive death benefits if their loved one dies on the job.
Do I Need a Charleston Construction Accident Lawyer?
When you have been injured on the job, you need someone who can fully investigate the circumstances to determine your remedies. A construction accident lawyer will investigate whether a potentially responsible third party exists. Even if you cannot file a lawsuit, you need a construction accident lawyer to help you with the Workers’ Compensation system.
You would need to deal with the insurance company to have your benefits approved or potentially an appeal if they are denied. Then, you would need someone to help you negotiate a settlement that maximizes the compensation you would receive for your injury.
Contact the Charleston Construction Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC
The Charleston construction accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can work to help you obtain compensation for your injury and maximize the amount of money that you may receive. Call us today at 843-727-6500 or contact us online for a free consultation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout South Carolina.
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