Construction Accidents in North Carolina
NC Workers’ Compensation Law as it Relates to Construction Workers
The NC Industrial Commission has specifically stated that:
“An employer is not relieved of its liability under the Act by calling its employees “independent contractors.” Even if the employer refers to its workers as independent contractors and issues a Form 1099 for tax purposes, the Industrial Commission may still find that the workers were in fact employees based upon its analysis of several factors, including but not limited to the degree of control exercised by the employer over the details of the work.”
In North Carolina, state law provides medical compensation and wage (indemnity) loss benefits for non-fatal injuries and death benefits for fatal injuries. Medical compensation includes medical treatment and mileage reimbursement for treatment of your construction injury. Lost Wage benefits provide monetary compensation due to your inability to earn wages because of your accident. This benefit provides compensation based on the physical impairment of the injured body part as well.
What to Do If You’re Hurt on a Construction Site
If you are hurt on a construction site, you need to:
- Report the injury to your employer immediately and follow your employer’s recommendation for where to seek medical treatment.
- AVOID SOCIAL MEDIA.
- Take photographs of the scene of the workplace accident and your injuries if possible.
- Follow all medical advice and keep your employer informed about what is happening with your injury.
- If you are missing work, you should document the days you have missed and how much your pay would have been for those days.
- You should notify your employer in writing of your accident within 30 days of the accident and also inform the North Carolina Industrial Commission (NCIC).
Your employer should inform their workers’ compensation insurance carrier of your construction accident. An employee of the insurance carrier, called an adjuster, should be in contact with you to flesh out the details of your accident. They may ask you to give a recorded statement . The decision to give a recorded statement is something that should be discussed with a NC Construction Accident Lawyer.
Accepted and Denied Claims
Your workers’ comp claim will be accepted or denied by the insurance company.
- In accepted claims, the insurance adjuster has decided to pay your claim but the insurance company can still refuse to pay for certain medical treatment. In addition, in accepted claims, the insurance controls your medical treatment. Doctors who work for the insurance company, can and often do, view serious injury differently than a physician that is independent or paid for by the construction worker. You may need to seek a second opinion.
- In denied claims, the insurance company is denying that you have a covered workers’ compensation injury. In denied cases, an injured worker must file for a hearing with the NCIC to have a chance at attaining compensation. If your construction accident claim has been delayed or denied, calling a NC Construction Injury Lawyer should be your next move.
Do you need a NC Construction Accident Lawyer?
A North Carolina Construction Accident Lawyer can help you recover your medical expenses, lost wages, and for any future losses caused by a temporary or permanent disability. Depending on your injury from the construction site accident, your ability to work in the future can be severely impacted. Unfortunately, some insurance companies would rather hire an expensive lawyer to deny your claim than pay legitimate workers’ compensation benefits.
The Bishop Law Firm represents injured workers with denied NC Workers’ Comp claims in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, and surrounding areas in North Carolina. We do not get paid unless we win your case and we offer free case reviews by phone, (919) 615-3095.
Also read: Steps of NC Workers’ Compensation Claim