Working in the construction industry is one of the deadliest civilian jobs in the United States. According to the United States Department of Labor, approximately 20% of worker fatalities were in the construction industry, accounting for one out of every five workplace deaths that year. A construction accident may involve slip and fall accidents, a lack of safety equipment, and accidents related to heavy machinery.
If you or someone you love has become injured in a South Carolina construction accident, you may have a right to financial compensation for your injuries. Victims of construction accidents can hold negligent third parties responsible for their injuries through a personal injury lawsuit. The experienced personal injury lawyers at Willcox, Buyck & Williams, PA, can help you obtain the compensation you deserve after becoming injured. Contact us today to learn how we can advocate for you.
Types of South Carolina Construction Accidents
Construction sites are inherently dangerous. Construction workers frequently work around heavy equipment and hazardous chemicals. Many construction workers also work in extreme temperatures and at dizzying heights. Construction accidents often result in serious permanent injuries or death. Many construction workers who become injured are unable to return to work. Common causes of construction injuries include:
- Gas explosions
- Crane accidents
- Accidents involving heavy machinery
- Strain from repetitive motion or lifting
- Exposure to toxic chemicals or gases
- Scaffolding collapse
- Injuries caused by falling equipment, debris, or supplies
- Slip and fall accidents
- Being struck by an object
- Welding accidents
- Excavation or trenching accidents
- Tool malfunctions
- OSHA violations
- Forklift injuries
Workers’ Compensation Claims After a Construction Accident
If you’ve been injured on the job as a construction worker, filing a workers compensation claim is typically the only way to recover benefits from your employer. Most South Carolina employers are legally required to carry workers’ compensation insurance under the South Carolina Workers’ Compensation Act. Employees who become injured at work can file a claim for compensation through the company’s workers’ compensation insurance policy.
Workers’ compensation benefits include compensation for medical treatment for workplace injuries and a percentage of workers’ lost wages. Workers’ compensation benefits are available whether or not the worker was at fault for his or her accident. In other words, if you become injured at work, you won’t need to prove that your employer or another third-party was at fault for injuries in order to recover workers’ compensation benefits.
Even though most employers must provide their employees with workers’ compensation benefits, employees often face challenges obtaining these benefits. An employer may procrastinate processing an employee’s claim for workers’ compensation benefits or subvert the claim. In other cases, the insurance company may reject the employee’s claim unfairly or refuse to pay the full benefit amount to the employee.
If you are experiencing difficulties obtaining the workers’ compensation, contact Willcox, Buyck & Williams, PA, as soon as possible. We will help you obtain the benefits you deserve. If the workers’ compensation provider has denied your claim, we can represent you during the appeals process. Our legal team can help you schedule your appeals hearing, complete all of the necessary steps to file your appeal, and advocate on your behalf to the Workers’ Compensation Commission.
Third-Party Construction Accident Lawsuits
Unfortunately, some South Carolina employers and managers fail to follow safety rules, creating an even more hazardous working environment. South Carolina employers have a legal duty to ensure employees observe safety precautions and warn employees about dangerous conditions at the construction job site.
You will not be able to bring a personal injury lawsuit against your employer if you submit a claim for workers’ compensation benefits. However, you may be able to collect workers’ compensation benefits and still pursue a personal injury lawsuit against a negligent third-party other than your employer. You may be able to pursue a personal injury lawsuit against one or more of the following companies:
- The owner of the construction site
- The general contractor who oversaw work on the site
- Heavy equipment manufacturers
- Vendors who deliver to the site
Our law firm has the resources to launch a thorough investigation into your construction accident. We will determine what happened and who caused your injuries. Our team will gather evidence to build a solid case supporting your third-party personal injury lawsuit, advocating for you to recover the compensation you need to get back on your feet financially.
Recovering Compensation After a South Carolina Construction Accident
The type of compensation you can recover after being injured in a construction accident depends on whether you pursue workers’ compensation benefits or damages through a personal injury lawsuit. Workers’ compensation benefits will cover the cost of your medical treatment and approximately two-thirds of your average weekly wages.
If your injuries cause you to become disabled, you can also recover permanent total disability or permanent partial disability compensation. If your loved one has passed away, you can recover funeral and burial expenses.
Workers’ compensation benefits do not allow you to recover the full range of damages you suffer due to your construction accident Injury. On the contrary, when you file a personal injury lawsuit, you can recover all of the following types of damages.
- Past and future medical cost
- Past and future lost wages
- Diminished earning capacity
- Property damages
- Loss of support
- Pain and suffering damages
- Punitive damage
Additionally, if you’ve lost a loved one in a construction accident, you can pursue damages in a wrongful death lawsuit. In South Carolina, plaintiffs have a limited amount of time to act. Typically, plaintiffs must file a lawsuit within three years of the date of the construction site accident. The sooner you reach out to an experienced personal injury lawyer, the better.
Contact a South Carolina Construction Accident Lawyer
The construction accident lawyers at Willcox, Buyck & Williams, PA are prepared to help you obtain the compensation you deserve. We’ve successfully represented many injured construction workers in Florence and Myrtle Beach, South Carolina. Whether you seek compensation through an insurance claim, a workers’ compensation claim, or a personal injury lawsuit, we are here to help. Contact us today to schedule your initial consultation.