Asheville Construction Work Accident Lawyer

Asheville Construction Work Accident Attorney

Construction is one of Asheville’s primary sources of economic growth. It has provided everything from residential areas to commercial business centers. While construction is a crucial component of Asheville’s economy, it is also one of the most hazardous industries in the United States. If you or someone you love has been injured in a construction accident, an Asheville construction work accident lawyer can review your case to determine your options.

About The Sumwalt Group Workers’ Comp and Trial Lawyers

At The Sumwalt Group Workers’ Comp and Trial Lawyers, our clients trust us to navigate the workers’ compensation and personal injury systems with clarity and compassion. Our team of attorneys has more than 45 years of combined experience.

Vernon Sumwalt has tried more than 300 workers’ compensation hearings and has taught nearly 145 state and national classes for the legal community. Christa Sumwalt, a former prosecutor, has tried more than 125 jury cases. As a trial lawyer, she provides our clients with a strong trial perspective in injury litigation.

Our attorneys have handled many cases in Western North Carolina, and we have appeared in the Buncombe County Courthouse in downtown Asheville, where many construction accident and workers’ compensation claims are litigated.

Types of Construction Injuries

Construction sites are often dangerous places to work. They are usually filled with heavy equipment and tools, along with hazardous conditions. In addition, even when safety rules are followed, accidents can still occur. Some of the most frequently seen construction work accident cases involve:

• Falls: Perhaps one of the most common types of construction accidents comes from falls, particularly from heights, scaffolding, and ladders.
• Burns: These can happen due to an explosion or exposure to toxic chemicals.
• Electrocutions: These can occur when a worker has contact with live wires.
• Toxic exposures: Toxic exposure happens when a person comes in contact with hazardous substances, such as asbestos, which can cause illness in the long run, along with various forms of cancer.
• Being struck by items: This occurs when a worker is hit by falling tools, debris, or other materials.
• Crushing: A worker can be crushed or caught between materials when they are pinned between equipment or vehicles.

These injuries can range from minor to major, with many of them producing life-altering conditions and requiring long-term medical attention. In some extreme circumstances, a person can experience spinal cord injuries, amputation injury, long-term disability, paralysis, and even death.

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Construction Work Accident Laws and Workers’ Compensation

While on the job, construction workers are dying at alarming rates throughout North Carolina. From January 2021 through September 2023, almost 60 construction workers perished in North Carolina workplaces. The construction industry has accounted for the most deaths in North Carolina nearly every year for the last 14 years. In total, more than 250 construction workers have died in North Carolina workplaces since 2009.

Workers’ compensation is the primary source of relief for injured construction workers. It pays for medical expenses, rehabilitation, and some lost wages, without requiring workers to prove fault. Benefits often arrive faster than a legal claim would. The limitations of workers’ comp only allow for specific recovery claims, such as medical expenses and wages, while prohibiting civil claims against employers.

Damages in legal claims can be much broader than workers’ comp. Winning a claim can result in compensation for:

• Medical expenses
• Lost wages
• An inability to earn future income
• Physical pain and emotional distress
• Decreased quality of life

Punitive damages can become available in limited situations when the negligent party exhibited extreme recklessness. A company could face penalties if it intentionally overlooks dangerous conditions that endanger workers and neighboring residents.

Why Hire a Construction Work Accident Lawyer?

Learning about construction work accident laws can be a challenge, especially when you are trying to recover from a serious injury. Managing workers’ compensation claims, negotiating with insurance adjusters, and filing third-party claims all require legal experience and tenacity. A construction work accident lawyer can represent you and handle each step of the process.

Your Asheville construction work accident attorney can look into the cause of the accident, gather evidence to demonstrate liability, and determine if you have grounds for both a workers’ compensation claim and a personal injury claim.

Your lawyer can also communicate with insurance companies on your behalf. These companies are trying to make a profit, so they will likely attempt to pressure you into accepting less than you deserve. If you have the right legal representation, you have a better chance of obtaining the fair and just compensation you deserve for both financial losses and personal suffering.

FAQs

How Long Do I Have to File a Claim for Work-Related Injuries in Asheville, NC?

In Asheville, NC, most workers’ compensation claims must be filed within two years of the injury. The statute of limitations for third-party personal injury claims is generally three years from the date of the accident. If you fail to file your claim within the statute of limitations, you may be barred from recovering any compensation. For this reason, it’s important to act quickly and contact an attorney.

How Long Does a Construction Claim Take?

How long a construction claim takes depends on many factors. Many cases settle in a few months if the liability is obvious. Complex claims, especially those involving serious injuries, multiple parties, and/or disputed facts, can take years if a trial is required. The process can usually be accelerated by an experienced lawyer, either through negotiation or mediation.

What Is the Settlement for Personal Injury in NC?

The value of a North Carolina personal injury settlement will differ, as each one is based on the severity of the injury, medical expenses, lost wages, pain and suffering, and other factors. Some smaller, less severe cases may settle in the thousands. Cases with serious construction injuries can net six- or seven-figure settlements. There is no one average amount. However, an experienced attorney can review your case and fight for the greatest possible recovery.

What Happens When a Construction Worker Dies on the Job?

A North Carolina construction worker who is killed as a result of job-related injuries is typically eligible to collect workers’ compensation death benefits for their surviving loved ones. Funeral expenses and a portion of the deceased worker’s wages are usually available to family members who are legal dependents. In some cases, a third party, such as a negligent contractor or defective equipment manufacturer, may be named in a wrongful death claim.

Contact The Sumwalt Group Workers’ Comp and Trial Lawyers Today

If you or a loved one was injured in a construction worker accident, hire a construction work accident lawyer today. Contact The Sumwalt Group Workers’ Comp and Trial Lawyers to learn more.