Durham Construction Work Injury Lawyer

Construction Work Injury Attorney in Durham, NC

Construction remains one of the highest-risk industries to work in. When an incident happens on-site and you suffer an injury, you’re entitled to receive workers’ compensation benefits. If you face pushback or less than you deserve, reach out to a Durham construction work injury lawyer to understand your legal rights and options.

Work With Experienced Workers’ Compensation Lawyers in North Carolina

The lawyers at The Sumwalt Group Workers’ Comp and Trial Lawyers have over 45 years of combined professional experience with a niche focus on workers’ compensation law. We work with the belief that employees deserve fair representation when their rights are being violated.

Our firm offers case consultations to workers living in Durham and the surrounding areas in North Carolina. Whether you have questions that need answering or a legal case to pursue, we’re the team to help.

Vernon Sumwalt

Free Consultation Today 704-565-0621

Contact Us

North Carolina’s Workers’ Compensation Laws

In the Triangle, top construction employers include Clancy & Theys Construction Company, Skanska USA, and DPR Construction. In 2023, 7,041 people were employed in Durham’s construction industry. When working on-site, workers are exposed to dangerous environments daily. They face the potential of falling objects, hazardous materials, and bodily harm.

North Carolina had 85,700 reported cases of workplace injuries and illnesses in 2023. Of those, 3,200 were in the construction industry. Throughout the United States that same year, 20.8% of workplace deaths happened in the construction industry. Due to the higher risks involved in construction, knowing your legal rights in the event of a workplace injury is critical to protecting yourself.

Most employers in the state have to carry workers’ compensation insurance. Injured workers are entitled to benefits, no matter who was at fault for the injury. However, this also means that you typically can’t open a case against your employer if they’re at fault for the injury, unless the injury was caused by their reckless conduct or intentional actions.

Steps to Take After a Workplace Injury

After experiencing a workplace injury, you’ll need to seek medical treatment right away. Your health and safety are the first priority. Be sure to mention the situation to your doctor so they can note that your injuries occurred at work. Request copies of your medical records and keep detailed notes throughout your workers’ compensation claim.

You’ll then need to report the incident to your employer. This has to be done within 30 days of the incident, both in writing and verbally. You’ll be able to take time off work to recover immediately. You won’t receive benefits for the first seven days off work, but you can use your sick time, vacation days, and other PTO during this period. However, if you’re out of work for over 21 days, you’ll be reimbursed for those first seven days.

Once your workers’ compensation claim is filed, your employer’s insurer will either approve or deny your claim. If approved, you’ll receive your first wage payment no more than 14 days after informing your employer of your injury.

Workers’ Compensation Benefits You’re Entitled to in North Carolina

When recovering from a workplace injury, you’re entitled to certain benefits. These include:

1. Medical treatment. Your doctor will most likely be chosen for you by your employer. However, you can request a change in providers or a second opinion.
2. Rehabilitation services, if needed
3. Partial wages. You’ll start receiving weekly wages seven days after your workplace injury. This amount will be two-thirds of your average weekly wage.

These benefits continue until you’re able to return to work in full health. If you develop long-term disability from the injury, you may be entitled to permanent partial payments.

FAQs

What Is the Most Common Injury for Construction Workers?

Some of the most common injuries for construction workers, as reported by the Bureau of Labor Statistics in 2023, were falls, slips, and trips. These were followed by transportation accidents, exposure to harmful substances and environments, and contact incidents. Contact incidents occur when a worker comes into contact with a harmful object, piece of equipment, material, or energy source.

Do North Carolina Employers Have to Carry Workers’ Compensation Insurance?

Almost every employer in North Carolina must carry workers’ compensation insurance to protect their employees in the event of a workplace injury or illness. While this means that employees generally can’t open a legal case against their employer, employers still have to follow safety rules.

If they fail to do so and an employee is injured, the employee’s benefits increase by 10%. If the employee violates safety rules and suffers an injury, their benefits will be reduced by 10%.

Can I File a Case Against a Third-Party Contractor if They’re Responsible for My Injury?

If a contractor or other third party was responsible for your injury, you’re still entitled to receive workers’ compensation benefits. You’ll also be able to file a personal injury case against the third party, if you desire. If you win your case, you’ll receive compensation for your financial and emotional losses suffered from the incident. You’ll have a year to file your legal claim at the Durham, North Carolina County Courthouse, located at 510 South Dillard Street.

Why Would My Workers’ Compensation Claim Be Denied?

Your workers’ compensation claim may be denied if your employer believes your injury wasn’t related to work. This can be incredibly disheartening, but it’s important not to give up if this happens to you. Having to argue with your employer and insurance adjusters can quickly become overwhelming. Be sure to hire a construction work injury lawyer to advocate for your rights.

What Happens if My Workers’ Compensation Claim Gets Denied?

You’ll receive a notice of denial if your workers’ compensation claim gets denied in North Carolina. You’ll then be able to request a hearing to appeal the denial. During this waiting period, you can still get medical treatment for your injury. You’ll only be billed by the doctor if your case results in a final denial. It’s important to work with a lawyer during this time to ensure the most favorable outcome for your hearing.

Hire a Construction Work Injury Lawyer to Advocate for Your Legal Rights

Reach out to The Sumwalt Group Workers’ Comp and Trial Lawyers today to learn how we can help you during your case. We offer new clients consultations at our Charlotte office. During recovery, you deserve to have a knowledgeable attorney who can help you throughout your case.