Working on a construction site is dangerous. Construction workers have some of the highest incidents of injuries and deaths. Workers face numerous risks on the job. Likewise, people visiting construction sites can also sustain injuries.
If you have been injured in a construction accident, our South Carolina construction accident lawyers at Willcox, Buyck & Williams, P.A. can help. We have been a leading law firm in South Carolina for over 125 years. Our attorneys have decades of combined experience handling injury claims. We have top ratings from Martindale-Hubbell, Best Lawyers, and other nationally recognized organizations.
Call Willcox, Buyck & Williams, P.A. today for a free consultation to discuss your case with a South Carolina construction accident attorney.
What Causes Construction Accidents in South Carolina?
OSHA lists the top four construction hazards as:
- The risk of falls, including falls from heights and slips, trips, and fall accidents
- Accidents where a worker is struck by an object, including fall debris, equipment, and motor vehicles
- Electrocution accidents
- Accidents where workers are caught in or between objects, such as heavy machinery
The above “fatal four” are not the only risks faced by construction workers. Other factors and situations can lead to a construction injury. In addition to the above, construction accidents also happen because of:
- Unsafe work equipment
- Defective tools and equipment
- Failing to supervise and train workers adequately
- Lack of fall protection and other safety gear
- Violations of state and federal safety regulations
- Failure to communicate effectively
- Building collapse and structure failure
- Ground collapse, such as trench collapses
- Welding accidents
- Exposure to hazardous or toxic substances
- Crane and scaffolding accidents
- Falling debris from buildings, scaffolding, or machinery
- Dangerous ladders
- Missing guards or protections on power tools
A prompt investigation can uncover the factors that led to the accident. If an employee is injured on the job and files for workers’ compensation, they do not need to prove fault. However, suppose a person visiting the construction site is injured or the worker’s injury involves a third party. In that case, we may need to prove negligence or intentional torts for a personal injury claim.
Who Is Liable for My Damages if I’m Injured on a Construction Site in South Carolina?
An injured construction worker can file for workers’ compensation benefits. However, they may also have a third-party personal injury claim in some situations.
Workers’ Compensation and Construction Accidents in South Carolina
Most construction workers in South Carolina are covered by workers’ compensation insurance coverage. You do not have to prove your employer was negligent in seeking workers’ comp benefits. You may also be partially at fault for the injury and still receive benefits.
Workers’ compensation covers your reasonable and necessary medical bills if you are injured on the job. You can also receive lost wages benefits if you cannot work while recovering from your construction accident injuries. However, the lost wages benefit does not reimburse you for all loss of income. It only pays about 2/3 of your average weekly wages while you are out of work.
When a construction accident causes a permanent disability, the worker may receive permanent disability benefits. The benefits are based on the impairment rating assigned to the worker’s condition by a medical professional or independent medical examiner.
Third-Party Claims and Construction Accidents in South Carolina
Generally, injured workers covered by workers’ compensation cannot sue their employer for damages. However, if a third party is responsible for causing your construction accident, you might have a third-party claim against them.
For example, if a defective tool caused your injury, you could sue the manufacturer under product liability laws. If a property owner did not warn you about hazardous property conditions, you might have a claim against the property owner under premises liability laws. Third parties that could be liable for a construction accident include:
- Vendors
- General contractors
- Property owners
- Engineers
- Subcontractors
- Architects
- Equipment manufacturers
- Any other non-employer third party
A third-party claim is a personal liability case. It is a civil claim against a party for causing your injuries. Unlike workers’ compensation, you can receive reimbursement for all loss of income. You can also recover economic damages for your out-of-pocket expenses and personal care.
A third-party claim allows you to receive non-economic damages not available in a workers’ compensation claim. You can receive compensation for your pain and suffering, emotional distress, and mental anguish. You can also receive compensation for impairments, disfigurement, loss of enjoyment, and diminished quality of life.
Therefore, a third-party claim for a construction accident can result in substantially more compensation than is available through workers’ compensation. Even if you file a workers’ comp claim and receive benefits, you can still file a third-party claim for a construction accident and receive damages through the personal injury case.
What Should I Do if I’m Injured on a Construction Site in South Carolina?
If you are injured on a construction site, the steps you take immediately following the accident can impact the outcome of a workers’ comp claim and a third-party claim. You must protect your rights and legal options to receive compensation for damages.
Steps to take after a construction accident include:
Report a Construction Accident
Workers must report the construction accident and injury to their employer within 90 days, or they could be disqualified from receiving workers’ compensation benefits. If you are injured in a construction accident, report the injury to the person in charge of the site. You may also need to report the injury to the property owner and other responsible parties.
Seek Immediate Medical Treatment
If you require emergency medical treatment, call 911 for assistance. Otherwise, go to the nearest emergency room or doctor’s office immediately. Delays in medical care can have adverse effects on your health. The insurance company may argue that your delay in treatment made the injuries worse, so you are not entitled to compensation for damages that could have been avoided had you sought prompt medical care.
Document Your Injuries and Damages
Take photographs of your injuries throughout your recovery. Keep copies of all documents and information related to your construction accident. You need proof of expenses to include them in a claim. Therefore, keep copies of invoices, bills, and receipts. Make notes explaining the charges.
Seek Legal Advice from Our South Carolina Construction Accident Lawyers
If you were injured in a construction accident, contact our South Carolina construction accident lawyers at Willcox, Buyck & Williams, P.A. We can review your situation to determine your legal options, including whether you may have a third-party claim. Call now for a free consultation with one of our attorneys.
With law offices in Florence and Myrtle Beach, South Carolina, Willcox, Buyck & Williams, P.A. serves Myrtle Beach, Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.