Charleston Construction Accident Attorney

If you or someone close to you got hurt in a South Carolina construction accident, don’t go up against big insurance companies alone. Team up with an advocate who will fight for your best interests by choosing Joe Cunningham as your personal injury lawyer.

Joe stays closely involved in every case he takes on, providing frequent updates and straight, honest advice about important matters like settlement offers. If an insurance company refuses to play fair, Joe won’t hesitate to take legal action. When you come to Joe for help, rest assured that he won’t back down in pursuit of the meaningful results you deserve.

If you’re struggling to recover after a crane accident, defective equipment injury, trench collapse, or other construction site incident, let Joe Cunningham Law advocate for you. Reach out today to arrange a free, no-obligation consultation with a Charleston construction accident lawyer about your legal options.

What Are Common Types of Construction Accidents in South Carolina?

Construction sites are inherently dangerous places. Despite comprehensive regulations and precautions, a variety of accidents can still occur due to the hazardous nature of construction work, such as:

Falls from scaffolds and heights
Slip-and-fall accidents
Being struck by a falling object
Heavy machinery accidents
Electrocution accidents
Fires and explosions
Building and trench collapses
Scaffolding and ladder accidents
Crane and forklift accidents
Elevator shaft accidents
Power tool accidents

Hazardous chemical exposure accidents
Welding accidents
Cutting and brazing accidents
Accidents due to faulty, defective, or unsafe equipment
On-site, vehicle-related accidents
Excavation accidents
Accidents due to insufficient training
Accidents due to lack of protective gear
Accidents due to poor maintenance

What’s the Difference Between a Workers’ Compensation Claim and a Third-Party Claim?

A workers’ compensation claim is typically the first source of financial recovery for employees who get hurt on the job. Workers’ compensation is a type of insurance that most South Carolina employers must have. It provides benefits to eligible employees who suffer job-related injuries or illnesses.

Workers’ comp benefits can include coverage for medical expenses, a portion of lost wages, and permanent disabilities. One key aspect of workers’ compensation is that it is a no-fault system. This means eligible workers can receive benefits regardless of who is at fault for their injury. However, the trade-off is that workers cannot file lawsuits against their employers for negligence in most cases.

On the other hand, a third-party injury claim is a claim against a liable entity other than an employer or co-worker. This could be a subcontractor, a property owner, or the manufacturer of a faulty product.

Unlike in workers’ comp claims, fault matters in third-party injury claims. Injured workers filing third-party claims must prove that a third party’s wrongful behavior contributed to their injuries. However, if successful, workers can recover compensation for additional losses not covered under workers’ comp, like the total value of lost income and subjective losses like pain and suffering.

Can I File a Third-Party Claim for a Construction Accident While Receiving Workers’ Compensation?

Yes, it’s possible to file a third-party injury claim while also receiving workers’ compensation benefits in South Carolina. This could be relevant if you got hurt on a construction site due to the bad behavior of a third party (someone other than your employer or a co-worker).

If you receive a settlement or trial award from a third-party claim or lawsuit, the workers’ comp insurer could be entitled to reimbursement for the benefits it’s paid you. If you believe you have both a workers’ comp claim and a third-party claim, consult a Charleston construction accident law firm as soon as possible to protect your interests.

Can I Sue My Employer for a Construction Accident Injury?

No. In most cases, you cannot sue your employer for a construction accident injury in South Carolina, assuming they carry workers’ compensation insurance. In return for workers’ comp coverage, employees largely give up the right to sue their employers for injuries they sustain on the job.

However, there are certain exceptions to this rule. If your employer intentionally caused your injury, you might have grounds for a lawsuit. Likewise, if your employer failed to carry legally required workers’ compensation insurance, you could be able to sue them.

Even if you can’t sue your employer, remember that you could have a third-party injury claim or lawsuit if you got hurt due to a third party’s wrongful acts or inaction. This is a separate legal action from a workers’ comp claim and could provide additional financial resources as you recover.

What Compensation Can I Pursue for Injuries from a Construction Accident?

The type(s) and amount of compensation you can pursue after a construction accident vary based on the kind of claim you file. If you file a successful workers’ comp claim, you could be entitled to the following:

Medical benefits for hospital bills, medications, surgeries, etc.
Temporary total disability benefits for lost wages while you’re unable to work
Temporary partial disability benefits for reduced earnings from part-time or lower-paying jobs

Permanent partial disability benefits for impairments that don’t prevent you from working
Permanent total disability benefits for impairments that prevent you from working at all
Death benefits for surviving dependents of workers who get killed on the job

With a third-party injury claim, you could recover various types of compensation beyond what’s available under workers’ compensation, which could include the following:

Past and future medical expenses
Past and projected income losses
Pain and suffering

Emotional distress
Lost enjoyment of life
Loss of consortium

How Long Do I Have to File a Construction Accident Lawsuit in South Carolina?

In South Carolina, you have three years from the date of an injury accident to file most personal injury lawsuits, including a construction accident injury lawsuit. For a workers’ compensation claim, you have two years from the date of the accident to file the claim. However, it’s important to report your injury to your employer as soon as possible, ideally within a few days of the incident. If you wait too long to notify your employer of a claim or file a lawsuit, you could lose your right to benefits.

Remember that these deadlines can vary depending on the specifics of your construction accident case. Certain circumstances could extend or shorten the filing windows for your situation, so it’s wise to consult a lawyer in Charleston as soon as possible after a construction accident. They can identify the deadlines that apply to your case, handle the necessary filing procedures on your behalf, and develop strategies to get you the money you deserve.

How a Charleston, SC, Construction Accident Attorney Can Help with Your Case

If you get hurt in a construction accident, having a knowledgeable Charleston attorney on your side can make a significant difference in your case. Here are some of the ways they can help:

Investigating the circumstances surrounding your work injury
Determining whether you have grounds for a third-party injury claim
Gathering evidence and witness statements to support your claim
Identifying liable parties and potential sources of compensation
Hiring expert witnesses to provide testimony on your behalf

Negotiating with insurance companies to secure a fair settlement
Evaluating the long-term effects of your injuries to calculate your losses
Filing all necessary paperwork within the statute of limitations
Representing you in court if a lawsuit is necessary
Managing any appeals processes as needed

What Are Common Causes of Construction Site Accidents?

Construction sites are often bustling with activity and involve the use of heavy machinery and hazardous materials. These factors can contribute to devastating accidents. While numerous safety measures and regulations are in place to protect workers, accidents still occur frequently for various reasons.

Some of the most common causes of construction accidents in South Carolina include the following:

Unsafe Walkways

Slip and trip hazards are common on construction sites due to uneven surfaces, debris, clutter, wet conditions, or poor lighting in walkways.

Falling Objects

Tools or objects that fall from heights can strike workers below and cause severe injuries.

Trench or Building Collapses

Workers in trenches or inside buildings under construction are at risk of being trapped and injured if these structures collapse.

Hazardous Exposure

Many construction workers are exposed to hazardous chemical substances like asbestos and lead that can cause severe illnesses.

Improper Power Tool Use

Improper use, lack of training, or malfunctions can contribute to serious power tool accidents that cause cuts, punctures, and other severe wounds.

Scaffold Defects

Scaffolds that are improperly erected, maintained, or used can lead to falls, being struck by a falling object, or collapses of scaffolding structures themselves.

Inadequate Training

Workers who are not adequately trained in safety procedures, equipment operation, or hazard recognition are at a higher risk of a construction site accident.

Lack of Safety Equipment

Personal protective equipment (PPE) is essential in preventing work injuries. Lack of helmets, safety glasses, or other protective gear can lead to avoidable injuries.

Poor Site Management

Inadequate planning, communication, or supervision can contribute to unsafe conditions on construction sites, increasing the risk of worker injuries.

Get Started on Your Claim Today

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Contact a Construction Accident Lawyer in Charleston, SC, Today

Don’t wait to get answers after a Charleston construction accident injury. Contact Joe Cunningham Law for a free consultation and the legal support you deserve.

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