Construction work is a dangerous occupation. Construction site accidents and wrongful deaths are common. With the complicated laws surrounding workers’ compensation and third-party liability, working with an experienced, dedicated legal team is important.
At The Law Offices of John M. McCabe, P.A., we have experience handling construction site injury litigation for our clients in Raleigh and central North Carolina. Since 1994, our Durham construction site accident lawyers have been helping our clients obtain compensation through workers’ comp and third-party liability.
Under workers’ compensation, your employer is liable to cover damages from on-the-job accidents, regardless of fault. However, employers often use doctors to diagnose and treat injured workers. This results in underdiagnoses and inadequate treatment.
Our workers' compensation attorneys can help ensure you receive appropriate medical treatment, that you are not forced back to work until you can do so, and that you receive the compensation you deserve for your injuries.
We also handle workers’ compensation appeals. Employers initially deny cases hoping the injured worker will give up and not pursue the matter. We will appeal your case to ensure your day in court.
In most workers’ compensation cases, for the plaintiff to recover damages from the employer, the injury in question must come from an accident. An accident means that something unusual must happen, such as a fall or a misstep. This rule covers:
However, in cases involving back injuries, injured construction workers do not need to show that anything unusual happened during their injury. In other words, they do not need to show that there was an accident. Instead, in cases involving back injuries, a worker only needs to establish that his or her back injury occurred at some specific time or incident. Call us to discuss your back injury claim.
One of the problems of workers’ compensation is that it limits the amount that can be recovered against employers. This usually means injured workers do not receive the compensation their injuries merit. However, if the employee’s injuries were due to the negligence of an individual or company other than his or her employer, the worker may be able to bring a third-party personal injury case in addition to the workers’ compensation case. For instance, if a construction worker is injured because of the negligence of a subcontractor, the worker can bring a workers’ compensation claim against his employer and a personal injury case against the subcontractor.