The majority of construction workers are under the impression that workers compensation is guaranteed to them should they have an on-the-job accident. In fact, about 50% of workers compensation cases are outright denied. It is important to know that this mandatory insurance is purchased by the employer to cover their liability for injuries to workers, subcontractors, visitors, and certain individuals who access the site uninvited.
Auger & Auger’s Rock Hill team of construction accident attorneys are passionate about victims’ rights and will assist with the investigation and stand by you; from the accident claim filed with your employer to researching potential third party liability. Your free lawyer consultation will help to ensure you’re on the right track and make you aware of what you can expect going forward.
Yes, safety on a construction site is a BIG deal. There are certification classes, hard hats, warning signs, taped-off areas, posted cautionary instructions – and when something isn’t quite right, the appropriate authority is alerted. There can be smaller contractors doing all the work, and general contractors with larger projects and multiple teams of specialized tradesmen working one group at a time or in tandem to get a job completed on schedule.
However, even the most careful and conscientious superintendents running a job, formidable injuries can result from what may seem to be simple errors in judgment, distractions, or faulty equipment. One of the most prevalent injuries occurs with slip and falls – potentially worsened by falling against sharp objects or landing hard on the concrete.
Federal OSHA is a small agency. Including its state partners, there are approximately 2,100 inspectors responsible for 130 million workers. With more than 8 million worksites around the nation, this translates to 1 compliance officer for every 59,000 workers.
With unions and plentiful regulations about safety in the construction industry, workers assume they will be treated fairly should the need arise to file for workers compensation. Certainly, some workers experience no issues, but many others soon discover the various roadblocks within the system. In a large part, claims with problems are a result of the appropriate steps not being followed.
Chapter 67 of the South Carolina State House Workers’ Compensation Commission is a 59-page document delineating regulations and instructions to file a claim for South Carolina injuries and fatalities of workers on the job. It’s not a simple process to cover all the bases, and with half the applications for compensation denied outright, you need to make sure that all the boxes are checked, and particularly that you are legally informed of your rights.
After filing for workers compensation you have generally lost the right to sue the employer directly for your injuries. However, a personal injury lawsuit can be filed against the contractor or subcontractor as a 3rd party liability case. If you are already receiving benefits, you should not assume this precludes you from holding a negligent party accountable for your injuries.
If you or a loved one has been injured on a construction site, you have enough to worry about without getting mired down in paperwork. Those very forms, if not appropriately completed and submitted can even lead to denial of your worker’s compensation case. This is the time to let us do what we do, as personal injury attorneys with several decades of combined experience in advocating for suffering construction workers.
Others may tell you there will be out-of-pocket expenses to pay, or that your health insurance won’t cover what your condition requires. Never take no for an answer, just give Auger & Auger a call and let us fight for you!
Call (800) 559-5741 today for your free consultation, with no fees due until recovery!