Working in the construction industry can be hazardous, often leading to serious injuries that prevent workers from returning to their jobs, causing financial hardship. If you’ve been injured, discussing your legal options with an experienced Charleston construction accident lawyer at Roden Law could aid in your recovery.
Our legal team has secured millions in compensation for our clients.
We offer a complimentary and confidential initial consultation without obligation to pursue a claim. We’ll assess your case to determine if you have grounds to seek compensation.
Operating on a contingency fee means no upfront costs – we only receive payment if we successfully secure compensation for you.
How Can Our Charleston Construction Accident Attorneys Support You in Your Case?
At the CEO Lawyer Personal Injury Law Firm, our team is well-versed in state and federal laws and safety standards set by the Occupational Safety and Health Administration (OSHA). If we determine that you have a valid case, we are prepared to:
- Thoroughly investigate your accident and the injuries you suffered
- Collect supportive evidence to build a strong case on your behalf
- Consult with medical experts
- Negotiate for fair compensation
- Prepare to present your case at trial, if necessary
We have the resources and staff to handle each phase of the legal process on your behalf, allowing you to focus on your recovery. If your workers’ compensation claim is denied, we know how to file an appeal and are ready to represent you with no upfront cost.
How Our Charleston Construction Accident Law Firm Can Help
In Charleston, all companies are required to have workers’ compensation insurance. However, obtaining these benefits can sometimes be challenging.
Employers may deny the occurrence of an accident, claim the incident was not reported promptly, or try to discourage you from filing a claim by offering an off-the-record settlement.
In such situations, seeking the assistance of a construction accident attorney is required. These legal professionals can guide you on the appropriate steps to take with your case.
If you are injured on the job, you can seek compensation. If your employer intentionally placed you in a dangerous situation or if you were injured due to the actions of a third party, filing a lawsuit may be necessary.
The CEO Lawyer Personal Injury Law Firm will thoroughly examine the evidence in your case. We can build a strong foundation for a potential settlement.
If the case goes to trial, these lawyers will advocate for you throughout the legal process, ensuring your rights are protected.
What Are Common Types of Construction Accidents in Charleston?
Charleston construction sites are known for their inherent dangers, which, despite rigorous safety measures, lead to various types of accidents.
Common construction accidents include:
- Falls from scaffolds and heights
- Slip-and-fall accidents
- Struck-by accidents from falling objects
- Incidents involving heavy machinery
- Electrocution incidents
- Fires and explosions
- Building and trench collapses
- Scaffolding and ladder mishaps
- Accidents involving cranes and forklifts
- Falls in elevator shafts
- Accidents with power tools
- Exposure to hazardous chemicals
- Welding accidents
- Cutting and brazing mishaps
- Accidents caused by faulty equipment
- On-site vehicle accidents
- Excavation incidents
- Accidents due to inadequate training
- Lack of proper protective gear
- Issues arising from poor maintenance practices
What Accidents Are Commonly Found in Charleston Construction Sites?
Due to its nature, working in the construction industry poses significant risks. According to the Top 25 Most Dangerous Jobs in the United States, nearly half of the listed jobs are related to construction work.
In the last reporting year, the US Bureau of Labor Statistics reported 46 fatal work injuries in Charleston alone.
Common workplace injuries in construction include:
- Falls from rooftops, scaffolding, and ladders
- Being trapped, such as being pinned down by collapsed walls or between heavy equipment
- Struck by falling debris, tools, or scaffolding components
- Injuries caused by negligent drivers on-site
- Electrocution from exposed wires or downed power lines
- Severe burns resulting from chemical exposure or explosions
- Slips and falls due to debris or elevated work areas
- Accidents involving defective or poorly maintained machinery and safety equipment
- Overexertion leading to conditions such as strokes
These risks emphasize the importance of stringent safety protocols and vigilance on construction sites to prevent injuries.
What’s the Difference Between a Worker’s Compensation and a Third-Party Claim?
A workers’ compensation claim is typically the primary avenue for financial recovery for employees injured on the job. In Charleston, employers are generally required to carry workers’ compensation insurance, which benefits-eligible employees who suffer job-related injuries or illnesses.
Workers’ comp benefits can cover medical expenses, a portion of lost wages, and compensation for permanent disabilities. Importantly, workers’ compensation operates on a no-fault basis, meaning eligible workers receive benefits regardless of fault.
However, in exchange for these benefits, workers generally cannot sue their employers for negligence in most cases.
In contrast, a third-party injury claim is pursued against a liable party other than the employer or a co-worker. This could include subcontractors, property owners, or manufacturers of defective products.
Unlike workers’ comp claims, fault is a vital factor in third-party injury claims. Injured workers must demonstrate that the third party’s negligence or wrongful actions contributed to their injuries.
If successful, they may recover compensation for additional damages not covered by workers’ comp, such as full lost income and non-economic losses like pain and suffering.
Staying Safe at Your Charleston Construction Job
Ensuring safety on a construction site is paramount. Here are some of OSHA’s most frequently cited standards in construction to help you stay safe at your Charleston job site:
Fall Protection
- Familiarize yourself with any fall hazards at your job site.
- Inspect your personal fall arrest systems before use.
- Avoid working on surfaces with ice, mud, or water.
- Do not stand on boxes or ladders on a scaffold to increase your working height.
- When using a ladder, always keep three points of contact: both feet and one hand or both hands and one foot.
- Ensure the ladder is long enough to lean at a stable angle and extends 3 feet above the work surface.
Dangerous Materials
- Read and understand the cautionary details for any chemicals being used on site.
- Do not use any dangerous materials you are not familiar with.
Equipment Use
- Only operate equipment you have been officially trained to use safely.
- Do not rely on verbal assurances like, “Don’t worry, it’s easy,” from supervisors or colleagues.
Hard Hats
- Always wear a hard hat if there is any risk of head injury from above, the side, or the back.
- Hard hats also protect against injuries from electrical hazards, swinging tools, and moving equipment.
- When in doubt, wear the hard hat.
Personal Protection Equipment (PPE)
- Use the appropriate safety equipment required for your specific task.
- Consistently wear the PPE to ensure your safety.
High-Visibility Clothing
- Wear neon work vests and other highly visible clothing items.
- High-visibility clothing helps colleagues see you, especially when they are engaged in different tasks and may not be aware of your presence.
Stay Hydrated and Take Breaks
- According to the Bureau of Labor Statistics, fatigue contributes to about a third of all occupational accidents.
- Staying hydrated and taking regular breaks helps you pay better attention to your work and follow safety protocols.
- OSHA can cite a business under the General Duty Code for excessive overtime if it creates a workplace hazard.
- Dehydration and heat stress are major concerns, especially when working outdoors in high temperatures. Carry a large container of water and drink regularly throughout the day.
Adhering to these guidelines can significantly reduce the risk of accidents and injuries at your Charleston construction job site. Stay vigilant, use safety gear, and care for your well-being.
Is There a Time Limit to Pursue Compensation?
If you have been injured in a construction accident, it is important to take legal action promptly. Workers’ compensation claims must be filed within two years from the date of the accident.
Additionally, you must report the injury to your employer within 90 days of the accident.
For wrongful death benefits, there is also a two-year time limit. If you are filing a personal injury claim, you have three years from the accident date to file.
Missing these deadlines will likely result in the dismissal of your case and the inability to receive compensation. If you are unsure which deadline applies to your situation, contact one of our construction accident lawyers in Charleston for a free legal consultation.
Can You Sue Your Employer for a Construction Accident Injury?
In most cases in Charleston, you cannot sue your employer for a construction accident injury if they carry workers’ compensation insurance. This insurance provides coverage for your injuries, and in exchange, employees generally forfeit the right to sue their employers for workplace injuries.
However, there are exceptions to this rule. You may have grounds for a lawsuit if:
- Intentional Injury: You can sue if your employer intentionally caused your injury.
- Lack of Insurance: If your employer failed to carry the legally required workers’ compensation insurance, you could sue them.
Even if suing your employer is not an option, you might still have a third-party injury claim or lawsuit if your injury was due to a third party’s wrongful acts or negligence. This type of claim is separate from a workers’ comp claim and could provide additional financial support during your recovery.
Steps to Take if You’re Injured on a Construction Site
If you are a construction worker injured on the job in Charleston or the surrounding counties, here are the steps you should take:
- Report the Injury Immediately: Inform your employer about the injury as soon as it happens. This is crucial for your health and protects your right to pursue workers’ compensation benefits and any potential additional compensation.
- Seek Medical Attention: Prioritize your health by getting medical care right away. Immediate medical attention also provides documentation of your injuries.
- Document Witnesses: Write down the names and contact information of co-workers or anyone else who may have witnessed the accident. This can be vital for any future claims.
- Maintain Records: Keep all paperwork and reports related to the accident, including medical bills and receipts for other accident-related expenses. This will help support your case.
- Track Medical Treatments: Keep a detailed record of your medical treatments, appointments, and the providers you visit. This ensures all your medical expenses and treatments are accounted for.
- Follow Medical Advice: Adhere strictly to the medical advice given by your healthcare providers. This is essential for your recovery and any legal claims you may pursue.
- Consult an Attorney: Contact a lawyer specializing in construction site injuries immediately. An attorney can help you navigate the legal process and ensure you receive the compensation you deserve.
Contact Our Charleston Construction Accident Lawyers Today!
At the CEO Lawyer Personal Injury Law Firm, we recognize the financial strain a work injury can impose on you and your family. That’s why we provide a free consultation directly with a construction accident attorney, not an assistant or paralegal.
We offer a free consultation, ensuring you pay no legal fees unless we win your case.
We understand that you already have enough on your plate to deal with medical appointments, recovery, job loss stress, and concerns about returning to work. Let us take care of your legal needs so you can stay informed without the added burden.
Contact us today at (864) 664-3865 or schedule a complimentary initial consultation to learn how we can assist you. We’ll answer your questions and explain all of your legal options.
FAQs:
- Can I file a lawsuit for a construction accident in Charleston?
You can file a lawsuit if you were injured in a construction accident due to negligence or unsafe working conditions. Our Charleston construction accident lawyer can help you determine the best action and guide you through the legal process.
- What is the definition of a construction accident?
Construction accidents are injuries or damage sustained during endeavors to improve, repair, build, demolish, clean, or construct specific facilities. They can range from property damage to personal injury.
- What is the most common type of accident in the construction industry?
According to OSHA, trip-and-falls and slip-and-falls are among the most common causes of injury on construction sites. Debris, defects, holes in flooring, unsafe or broken stairs, poor lighting, and grease or oil on floors are all factors that can contribute to injury.
