South Carolina is growing fast. New construction sites pop up every day. When construction work is done too fast, they can become very dangerous places for workers. Falling from heights, working around powerful and heavy equipment, electrical hazards, collapsing trenches, and more. When a serious injury or death occurs at a construction site due to unsafe conditions, defective equipment, inadequate training, or poor supervision, it can be difficult to know who is ultimately responsible.
If you were injured on a construction site, you may be asking yourself a lot of questions: What should I do first? Can I go to any doctor I want? Do I need to see a specialist? Does my health insurance pay? Should I file a report with my employer? What if the insurance company calls? Could someone other than my employer be responsible?
Those are important questions, and the first few days after an accident can matter more than you might realize.
Key Takeaways
During the first 72 hours after a South Carolina construction accident, your priorities should be:
- Get medical attention as soon as possible.
- Report the accident to your employer and make sure it is documented.
- Preserve evidence, including photographs, damaged equipment, clothing, and witness information.
- Be careful about what you say or sign if an insurance adjuster contacts you.
The right next steps can depend on whether your injury involves a workers’ compensation claim with your employer, a claim against another responsible company, or both. Because every construction accident is different, talking with an experienced South Carolina trial attorney early can help you understand your options.
Take Care of Your Health First
After a construction injury, it is natural to think about work, your paycheck, medical bills, or what your employer is going to say, but your first concern should be your health. Some construction injuries are obvious. Others are not, and injuries can get worse over time.
For example, a blow to the head may result in a traumatic brain injury. A fall or crush injury can damage the spine. But you may not experience the full extent of an injury immediately after the accident.
Seek Medical Attention
If you have been injured, go for medical attention as soon as you can. When you see a doctor or other medical provider, make sure you cover these items:
- Explain exactly how the accident happened.
- Tell them every part of your body that hurts or feels different.
- Be honest about your symptoms, even if they seem minor.
- Follow the treatment instructions you are given.
- Keep your medical records and paperwork.
Getting medical care promptly is important for your recovery. It also creates documentation connecting your injuries to the accident.
One thing you do not want is a significant gap between your injury and your medical treatment. Insurance companies often look closely at gaps in medical care when evaluating an injury claim.
Can my employer tell me where to go for treatment?
If your injury is being handled through South Carolina’s workers’ compensation system, your employer or its insurance carrier generally may have the right to direct your medical care and select the treating provider.
This can be confusing, particularly when you are already dealing with an injury. If you are unsure about where you should receive treatment or how your medical care is supposed to be handled, getting legal guidance early can help you understand the process.
Report the Incident to Your Employer
Once your immediate medical needs have been addressed, your incident will need to be reported to your employer. It is often helpful to retain an attorney to assist you with reporting the accident and providing guidance through the claims process.
Why does this matter? Delaying a report can lead to disputes about when, where, and how the injury occurred. South Carolina law generally requires notice of a workplace injury to be given to the employer within 90 days. But do not treat 90 days as the deadline you should wait for. Prompt reporting can help keep the claim on track and create a record showing that the injury occurred at work.
Preserve Evidence Before It Disappears
Construction sites are constantly changing. Preserving evidence is important. Ask your co-workers and others you know to send you pictures, videos, and other documentation they may have related to your accident. Write down the names and contact information for everyone at the construction site that day. Memories fade and evidence can go missing. The best thing to do is to contact a construction accident lawyer to help gather evidence and investigate the accident.
Write down what happened
Your memory will be the strongest immediately after the accident. Write down what you remember, including:
- The date and approximate time
- What task you were performing
- Where you were working
- What happened immediately before the accident
- What caused you to fall, get struck, become trapped, or otherwise get injured
- Weather or site conditions
- What happened immediately after the accident
You do not need to write a lengthy document. Just create a detailed record while the events are fresh in your mind.
Identify witnesses
If coworkers or other people saw what happened, write down their names and contact information. A witness who can independently describe what happened becomes important later to your claim.
Preserve clothing and equipment
Do not throw away the clothing, boots, protective equipment, or other items you were wearing when the injury occurred. If equipment was damaged, preserve it if possible. Do not repair, alter, or discard damaged equipment without first considering whether it could be important evidence.
Keep your paperwork
Save your medical records, bills, receipts, mileage records, and all other documents related to the injury. A well-documented claim is much easier to evaluate than one that depends almost entirely on memory months or years later.
What Should You Do If the Insurance Company Calls?
Injured workers often ask: “The insurance company called me. What should I say?”
The person calling may sound friendly. They may tell you they simply want to get to your side of the story or make sure you are okay. Keep in mind that you can be polite without giving a detailed statement. If you are unsure, it is a good idea to know your legal rights and options before giving a statement. You should understand what type of claim you have and what you are being asked to provide before you agree to a recorded statement or sign documents.
Your situation could involve:
- A workers’ compensation claim.
- A claim against another party whose negligence contributed to the accident.
- Both types of claims.
Workers’ Compensation vs Third-Party Claim
One of the most important things to understand after a construction injury is that your employer may not be the only party who could be responsible for your injuries. Workers’ compensation and a third-party liability claim are different.
Workers’ compensation
Workers’ compensation generally involves a claim through your employer’s workers’ compensation insurance. It is generally a no-fault system, meaning you typically do not have to prove that your employer was negligent to receive workers’ compensation benefits.
Workers’ compensation may provide benefits such as:
- Medical care.
- A portion of lost wages.
Third-party liability claim
A third-party claim involves someone other than your employer. Unlike workers’ compensation, a third-party liability claim generally requires proving negligence. It can also potentially provide a broader range of damages, which may include compensation for pain and suffering.
Depending on the circumstances, a responsible party might include a:
- Subcontractor.
- Property owner.
- Equipment manufacturer.
- Other party whose conduct contributed to the accident.
In some situations, both types of claims may exist at the same time. Determining what other parties may be responsible often requires looking closely at the jobsite, the equipment involved, safety practices, and applicable safety standards.
OSHA identifies four common causes of construction injuries:
- Fall incidents.
- Struck-by object incidents.
- Caught-in or caught-between incidents.
- Electrocutions.
Understanding exactly what caused your accident can therefore be an important part of determining what legal options are available.
Do Not Assume You Have Plenty of Time
Getting advice early can help you identify the deadlines that actually apply to your situation. You may be focused on getting better, returning to work, supporting your family, and dealing with medical appointments. But construction site accident claims can involve multiple deadlines.
In South Carolina, the statute of limitations for personal injury and wrongful death claims is generally three years from the date of the incident, although shorter deadlines can apply in certain circumstances. Workers’ compensation has separate deadlines.
For example, South Carolina generally requires notice to the employer within 90 days. A workers’ compensation claim generally must be filed with the Workers’ Compensation Commission within two years after the accident.
When Should You Talk to a South Carolina Construction Accident Lawyer?
Early legal guidance is valuable because evidence can disappear quickly, and insurance companies begin evaluating the claim almost immediately.
Attorney assistance can help by investigating:
- What caused the accident.
- Whether another party is responsible.
- What evidence needs to be preserved.
- What insurance coverage may apply.
- Whether workers’ compensation and a third-party claim may both be involved.
- What deadlines apply to your particular situation.
Most importantly, you should not have to figure all of this out while you are trying to recover from an injury.
Frequently Asked Questions
What should I do first after a construction accident in South Carolina?
Get medical attention as soon as possible, even if you initially believe your injuries are minor. Then report the incident to your employer and ask that the incident be documented. If you are able, photograph the accident scene, preserve evidence, identify witnesses, and keep your medical records and receipts.
How long do I have to report a construction injury to my employer in South Carolina?
South Carolina generally requires notice to your employer within 90 days of the accident for a workers’ compensation claim. However, you should report your injury as soon as possible after the incident.
Can I sue someone other than my employer after a construction accident?
Yes, if a subcontractor, equipment manufacturer, property owner, or another third party contributed to your injuries, you may have a third-party claim in addition to a workers’ compensation claim.
How long do I have to file a construction accident claim?
South Carolina generally has a three-year statute of limitations for personal injury and wrongful death claims, but shorter deadlines can apply in certain circumstances. Workers’ compensation claims have separate deadlines, including a general two-year deadline for filing a claim with the Workers’ Compensation Commission. Because different deadlines can apply to different claims, it is important to determine the specific deadlines for your case.
Reviewed by Mark Bringardner, South Carolina trial attorney and founder of Bringardner Injury Law Firm.
Talk With Bringardner Injury Law Firm
If you or someone you love was injured on a workplace construction site in South Carolina, you do not have to figure out what comes next by yourself. Get advice before making a decision that could affect your claim.
Call Bringardner Injury Law Firm at 843-400-0550 for a free consultation. *
Bringardner Injury Law Firm represents injured workers and their families throughout South Carolina across all 46 counties.
Serving all 46 South Carolina counties: Abbeville, Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Cherokee, Chester, Chesterfield, Clarendon, Colleton, Darlington, Dillon, Dorchester, Edgefield, Fairfield, Florence, Georgetown, Greenville, Greenwood, Hampton, Horry, Jasper, Kershaw, Lancaster, Laurens, Lee, Lexington, Marion, Marlboro, McCormick, Newberry, Oconee, Orangeburg, Pickens, Richland, Saluda, Spartanburg, Sumter, Union, Williamsburg, and York.
*Free case evaluation refers to an initial consultation with no obligation. Every case is different, and past outcomes do not guarantee or suggest an expectation for the result of any other case.
