The construction industry tops the list of the most hazardous sectors, with countless risks posed by heavy machinery, hazardous materials, and high elevations. Despite stringent safety regulations, accidents can and do happen.
If you’ve been injured on the job, understanding your rights and taking the correct steps toward a construction accident lawsuit can make all the difference in your recovery and future.
1. Assess the Situation and Seek Medical Attention
Your health and safety should always come first. If you’ve been in a construction accident, you should seek immediate medical attention, even if your injuries seem minor. Some injuries, like internal bleeding or head trauma, may not present symptoms right away.
A medical evaluation ensures your well-being and serves as crucial evidence for your legal case. Keep detailed records of all your medical treatments, as they will support your claim during the legal process.
2. Report the Accident to Your Employer
After addressing your medical needs, you must immediately notify your employer or supervisor about the accident. In South Carolina, workers’ compensation laws require timely reporting, and failure to do so may impact your ability to file a claim.
When making your report, stick to the facts—describe what happened, where the accident occurred, and any immediate consequences. Documentation at this stage can be vital for pursuing compensation.
3. Document the Accident Scene
If you’re physically able to do so, gather evidence at the accident scene. Take photographs or videos of the site, equipment involved, and any visible hazards. Collect contact information from coworkers or witnesses who saw the incident occur. These details can help substantiate your construction accident lawsuit, particularly if negligence or unsafe conditions played a role.
4. Determine Liability
Construction accidents can have multiple liable parties, including contractors, property owners, equipment manufacturers, or third-party vendors. Understanding who is responsible requires thoroughly investigating the circumstances surrounding your accident.
For example, defective machinery might place liability on the manufacturer, while unsafe work conditions could implicate your employer. Consulting with an experienced construction accident lawyer is critical to ensure all negligent parties are held accountable.
5. Explore Workers’ Compensation
Workers’ compensation benefits in South Carolina offer financial support for injured employees, covering medical expenses and a portion of lost wages. However, these benefits may not always fully address the long-term impact of your injuries.
Additionally, workers’ compensation generally prohibits suing your employer. However, if third-party negligence contributed to your accident, you may still have grounds for a construction accident lawsuit to pursue further compensation.
6. File a Third-Party Claim if Applicable
When a person or company other than your employer is responsible for your injuries, you may be eligible to file a “third-party” claim against those responsible. This type of claim seeks to recover damages beyond what workers’ compensation insurance allows. It can provide significantly more compensation for your injuries, pain and suffering, emotional distress, and loss of future earning capacity.
For example, a third-party claim might be appropriate if a subcontractor failed to follow safety protocols or if faulty scaffolding caused your injury.
7. Hire an Experienced Construction Accident Lawyer
Navigating the complexities of a construction accident lawsuit requires specialized knowledge and expertise.
At Bringardner Injury Law Firm, we understand the challenges injured workers face. Mark Bringardner has been recognized as one of the best personal injury lawyers Charleston, SC, has to offer, and we’re committed to fighting for your rights. We take pride in helping victims secure the compensation they need to rebuild their lives.
An experienced attorney can handle negotiations with insurance companies, investigate the accident, and represent you in court if necessary. This lets you focus on your recovery while we handle the legal hurdles.
8. Know Your Compensation Rights
The damages you may be entitled to depend on the severity of your injuries and the impact on your life. Compensation in a construction accident lawsuit typically includes:
- Medical expenses (past, present, and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
South Carolina laws aim to ensure fair compensation for victims, but obtaining it requires a strong legal strategy.
At Bringardner Injury Law Firm, we understand how devastating construction accidents can be. As an experienced personal injury lawyer in Charleston, SC, Mark Bringardner is dedicated to securing justice for injured workers. If you’ve suffered a workplace injury, let us guide you through the complexities of a construction accident lawsuit, ensuring your rights are protected and your future safeguarded.
We also handle cases involving other accidents, including those requiring the assistance of a truck accident attorney or a premises liability lawyer. We bring compassion, dedication, and expertise to every case.
Don’t wait to seek the compensation you deserve. We’re here to help you rebuild your life—one step at a time.
Contact us today for a timely consultation, and let us fight for your rights.