Asheville Construction Injury Lawyer

Protecting Injured Construction Workers In Asheville

The construction industry is inherently dangerous in many ways, and each year, thousands of people working in construction suffer life-changing injuries on the job. If you were recently hurt while working construction in Asheville, it is vital to know your rights and the value of having an experienced Asheville construction injury lawyer represent you in your legal efforts to recover from the incident.

Experienced Legal Counsel for Construction Injury Claims in Asheville, NC

The team at Ganly & Ramer, P.L.L.C., has years of professional experience handling a wide range of complex work injury cases on behalf of clients in Asheville and the surrounding communities of North Carolina. We know the various legal challenges you might encounter in your efforts to claim workers’ compensation benefits and/or file a personal injury suit in response to your workplace injury.

Our team takes time to listen to each client’s story, addressing their unique needs and concerns about their case and helping them prepare for the difficult proceedings ahead of them with confidence. Our goal for all construction injury cases is maximum recovery for our client in the shortest possible timeframe. Whether you must file a workers’ compensation claim, a personal injury suit, or pursue a combination of legal options, we can help.

Understanding Construction Industry Risks

The construction trade is among the most dangerous professions in North Carolina. Every year, thousands of builders and subcontractors are injured in construction site accidents throughout the state. Injuries range from back and head injuries resulting from falls and dropped equipment to loss of fingers and hands in power tool accidents. If you are a carpenter, roofer, tiler or another subcontractor who suffered an injury on the work site or in a motor vehicle accident related to a construction project in North Carolina, talk to a construction injury attorney at Ganly & Ramer, P.L.L.C., in Asheville. We are a team of experienced North Carolina workers’ compensation lawyers and staff with a successful record of helping thousands of injured construction workers over the past quarter century. We understand the process and will work aggressively to move your workers’ comp claim or denied claim appeal through the system as efficiently as possible.

Filing a Workers’ Compensation Claim for a Construction Injury

In North Carolina, virtually every employer in the state is required to have workers’ compensation insurance. This insurance serves two important purposes. First, it provides an economic safety net to an injured worker, providing benefits that can help with their recovery after an injury at work. Second, it prevents covered employers from facing liability for their injured workers’ damages.

When any injury occurs in the workplace, the victim should report it to their supervisor immediately. The employer is required to provide the injured employee with the forms they will need to submit to the workers’ compensation insurance carrier. Failure to report an injury within the appropriate time frame could mean losing the chance to file a workers’ compensation claim, so it is crucial to report any injury at work as soon as possible.

The employer is required to log the incident in a formal accident report, which the injured worker may refer to later. As part of the workers’ compensation claim filing process, the injured worker will likely be required to undergo a medical evaluation from a physician approved by the insurance company. This workers’ compensation doctor must evaluate the claimant’s condition and assign them a disability rating.

If you are hurt in a construction accident and require immediate medical treatment, you can see any available doctor, but you will likely need to see a workers’ compensation doctor once your condition has stabilized. They are required to assign you a disability rating, which is a numerical indicator of the severity of your injury. This rating will determine what level of benefits you can receive from the workers’ compensation insurance carrier.

Benefits Available Through Workers’ Compensation in Asheville

Filing a claim for workers’ compensation is similar to what you could expect when filing most other types of insurance claims, but you face the added layer of complexity presented by your employer’s involvement in the claim. While many employers assist their employees with injury claims, some do not or may actively interfere with these claims or illegally retaliate against their injured workers’ requests to file claims for benefits.

If you encounter any such resistance from your employer, you should consult your Asheville construction injury lawyer as soon as possible. They can help you determine the most viable legal remedies for this situation. If your employer fulfills their responsibilities correctly, you will be able to submit your claim to their insurance company, and your attorney will be able to address any issues you might encounter with the insurance company’s handling of the claim.

Upon approval of your claim, you can expect two types of compensation for your construction injury. The first will be medical expense coverage. Workers’ compensation insurance usually covers any and all medical expenses related to a workplace injury, as well as the cost of any ongoing rehabilitative care the victim needs to reach maximum medical improvement from their injury. Second are disability benefits, which will vary based on multiple factors.

The disability benefits you receive for your construction injury will reflect your usual pay rate and the severity of your condition. If you are able to continue working at a lower earning capacity because of your injury, partial disability benefits can help to make up the difference in your earnings. You will need to report your weekly earnings to the insurer, and these benefits will continue until you can return to work at full capacity.

If you are unable to perform your job due to your injury, you can receive total disability benefits until you recover. You will receive these benefits each week, and each weekly payment will be about two-thirds of your average weekly income based on your prior year of working.

Resolving Disputes With Your Workers’ Compensation Claim

Having an experienced Asheville construction injury lawyer representing you is one of the most effective ways to reduce the chance that you will encounter any unfair treatment from insurance companies, but it is possible for them to raise many types of disputes against your claim. It is also possible for a claim to be unfairly denied, in which case the claimant will need to appeal the decision.

Your Asheville construction injury attorney can help you coordinate your appeal and raise a complaint with the North Carolina Industrial Commission if necessary. Once you receive a determination of benefits from the insurance company, your attorney can review it to ensure that it is fair and reasonable. At this point, your attorney may also assist you in exploring alternative avenues of recovery that may be available to you due to how your injury happened.

Third-Party Construction Injury Lawsuits

Accidents on construction sites are often the result of negligence or misconduct on the part of another party, including the property owner, a product manufacturer, another employee or a subcontractor working on the project. Under North Carolina workers’ compensation laws, you are not entitled to sue your employer for additional compensation if you file for workers’ compensation benefits. However, you may still seek additional money damages from any and all ‘third parties’ found to be liable for causing your accident and injuries. Learn more at our workplace injury third-party claims page, then call one of our Asheville construction injuries lawyers.

Freddie B v. Cornerstone Properties — represented construction superintendent who sustained a severe head injury. After court decision and appeal resulted in a $1,000,000 settlement.

Success with a third-party personal injury claim for a construction injury will require firmly establishing fault for your injury. You must determine the third party who is responsible for the cause of the accident and provide proof of how they caused it. Your Asheville construction injury lawyer will know what types of evidence you are likely to need to successfully prove fault for the injury in question.

Once fault is proven, your attorney can then assist you with proving the full scope of the damages you are legally able to claim from the defendant. Success with your third-party personal injury case could give you access to enough compensation to cover the costs that workers’ compensation insurance didn’t cover.

An example is if the disability benefits you receive from a successful workers’ compensation claim only cover a percentage of your usual income. Also, workers’ compensation insurance will not compensate an injured claimant for pain and suffering. Your third-party claim could enable you to recover lost wages that workers’ compensation insurance will not cover, along with coverage for any pain and suffering.

There is not a limit on pain and suffering compensation for most personal injury claims in the state, nor does it require a plaintiff to use a set formula for calculating pain and suffering awards in their personal injury claim. The plaintiff has the right to claim the amount they believe to be reasonable to reflect the severity of the harm they suffered and the scope of the long-term or permanent effects the injury most likely will have.

What to Expect From Your Asheville Construction Injury Lawyer

It is vital to recognize the value of having legal representation you can trust when you must file for workers’ compensation benefits and/or build a personal injury suit in the aftermath of a construction accident of any kind. It is possible to encounter a host of issues that you will not know how to overcome on your own, and you could unknowingly accept a settlement much lower than you legally deserve if you try to handle your case on your own.

Ganly & Ramer, P.L.L.C. have years of experience helping injured workers in Asheville and the surrounding communities of North Carolina with their work injury cases. We know the unique risks that the construction industry presents and the many challenges you may have in your efforts to recover fair compensation for the injury you recently experienced. We will help you make clearer sense of your situation and approach your proceedings with peace of mind.

We have confronted major insurance carriers on behalf of our clients in Asheville and we know the tactics they often use in their efforts to avoid paying out fair settlements to injured claimants. We know how to help our client secure a fair determination of benefits and how to streamline the workers’ compensation claim filing process. Also, we know how to appeal denied claims and hold insurance companies accountable when they act in bad faith.

When it comes to filing a personal injury suit for your recent construction injury, we can help you accurately identify the party or parties at fault for the incident and assist you in holding them accountable for any damages you cannot recover from your workers’ compensation claim. Ultimately, every construction injury case is unique, and every injured claimant will have different challenges and opportunities as their case unfolds.

With our firm’s assistance, you can be confident that you can recover as fully as possible from your construction injury. You will be prepared to face any unexpected hurdles you have with the insurance carrier of your employer or the employer themself, and you can trust our team to help you navigate all of the proceedings necessary to secure maximum compensation for the injury you suffered.

FAQs

Q: What Are the Most Common Construction Injuries in Asheville?

A: Some of the most commonly reported construction injuries in Asheville and throughout North Carolina include slips, trips, falls, vehicle accidents, toxic exposure, and injuries from contact with equipment. The construction industry regularly reports one of the highest industry-wide injury rates in the United States and is statistically one of the most dangerous industries in which to work.

Q: Do I Have to Prove Fault for a Workers’ Compensation Claim?

A: You do not usually need to prove fault for a workers’ compensation claim. North Carolina’s workers’ compensation system functions on a no-fault basis, meaning it is possible to have caused your own work injury and be able to receive workers’ compensation benefits. However, there are some exceptions to this, such as causing an injury because you were impaired from drugs or alcohol or because you neglected to follow workplace safety protocols.

Q: Can I Make a Claim for a Personal Injury from Construction Work?

A: You may be able to make a claim for a personal injury from construction work if a specific party directly caused the injury. Your employer is usually immune to civil liability for work-related injuries as long as they have workers’ compensation insurance, but it is possible to have grounds for civil action against a third party who directly caused your injury or in the event your injury was the result of intentional violence.

Q: How Much Compensation Can I Claim for a Construction Injury in Asheville?

A: The amount of compensation you could claim for a construction injury in Asheville will vary based on several factors. Workers’ compensation insurance may cover your medical bills and some of your missing income resulting from the accident, but there may be grounds to file a personal injury claim under certain conditions. Your Asheville construction injury lawyer can help you estimate the total potential value of your claim.

Q: What Will It Cost for an Asheville Construction Injury Lawyer?

A: The cost for an Asheville construction injury lawyer will depend on the total value of your case if you choose Ganly & Ramer, P.L.L.C. to represent you. We take work injury claims on a contingency fee system, meaning our fee will only be a set percentage of the compensation we recover on your behalf. However, we only collect this fee if we succeed with your case. There are no attorney’s fees to pay upfront, and you do not have to pay anything if we do not obtain compensation for you.

Reach Out To Us Today

Ganly & Ramer, P.L.L.C. in Asheville can aggressively advocate for your rights after a construction injury. All you have to do is call us at 828-844-5274 or contact us online to schedule a free initial consultation. You will not pay attorneys’ fees or case preparation costs if you do not obtain workers’ compensation benefits.