Charlotte Construction Accident Lawyer

At Edwards Injury Law, we help injured people understand their legal options after construction accidents. Our Charlotte personal injury lawyers can evaluate your workers’ compensation rights and determine whether you may also have a personal injury claim against another responsible party.

If you were injured on a construction site in Charlotte or elsewhere in North Carolina, contact Edwards Injury Law to discuss your situation.

Common Causes of Construction Accidents in North Carolina

Construction sites involve heavy equipment, changing work conditions, and multiple companies working in the same area. When someone fails to address a hazard or the equipment does not function as intended, workers and other people at the site can suffer serious injuries.

Understanding what caused the accident is an important part of determining whether you have a workers’ compensation claim, a third-party personal injury claim, or both.

Falls and Scaffolding Accidents

Falls from scaffolding, ladders, roofs, and other elevated work areas can cause severe injuries. A missing guardrail, unstable platform, or improperly assembled scaffold can leave workers exposed to dangerous conditions.

The circumstances surrounding a fall can help establish whether someone other than your employer contributed to the accident. Photographs, witness statements, safety records, and information about the equipment may help explain how the fall occurred and who was responsible for the hazard.

Equipment and Heavy Machinery Accidents

Construction workers regularly operate or work near cranes, forklifts, excavators, and other heavy machinery. Unsafe operation, inadequate maintenance, or a mechanical defect can cause equipment to malfunction and injure someone nearby.

Responsibility does not always rest with the person operating the equipment. Depending on the circumstances, a contractor, equipment owner, maintenance company, or manufacturer could have contributed to the accident.

Our construction accident attorneys can examine the equipment involved and the conditions surrounding its use to identify potential sources of liability.

Collapsing Structures

A partial or complete collapse of a building, wall, roof, trench, or other structure can cause catastrophic injuries with little warning. Structural failures can result from defective construction, improper support, unstable materials, inadequate planning, or failures to follow appropriate safety procedures.

Determining why a structure collapsed can require an investigation into how the work was designed, performed, and supervised. Information about the construction plans, materials, inspections, and companies involved in the project may help establish whether a contractor, subcontractor, property owner, or another party contributed to the collapse.

Electrical and Other Construction Site Hazards

Exposed wiring, energized power lines, unstable trenches, and falling materials can create dangerous conditions on construction sites. Workers may suffer burns, electrocution injuries, crush injuries, or other serious harm when these hazards are not properly addressed.

Determining who controlled the work area and who was responsible for addressing the hazard can be important when evaluating a third-party claim. Project records, safety procedures, and information about the companies performing the work may help establish how the accident happened.

Who Can Be Responsible for a Construction Site Accident?

Construction projects often involve general contractors, subcontractors, property owners, equipment suppliers, and other businesses. More than one company may have responsibilities related to the worksite, and the company that employed you may not be the only party whose conduct contributed to your injuries.

The circumstances of the accident determine who may be legally responsible. Edwards Injury Law can examine the work being performed, the condition that caused the injury, and the roles of the businesses involved.

Employer Safety Responsibilities

Employers have workplace safety obligations, including responsibilities involving training and hazardous working conditions. Safety requirements may also apply to specific construction activities and equipment.

If you were injured while working, workers’ compensation may provide benefits without requiring you to prove that your employer was negligent. However, an employer’s safety failures and a third party’s negligence raise different legal questions.

Contractors and Other Third Parties

A general contractor, subcontractor, property owner, equipment manufacturer, or another business could be liable if its negligence or other legally actionable conduct caused your accident.

For example, a subcontractor may create an unsafe condition that injures a worker employed by a different company. A contractor may also contribute to an accident through unsafe work practices or failures involving equipment or site conditions.

Determining liability requires examining what each company did, what responsibilities it had, and whether its conduct contributed to the injury. Our Charlotte construction accident lawyers can investigate these issues and identify potential defendants when the evidence supports a claim.

Compensation After a North Carolina Construction Accident

An injury at work can give rise to more than one type of claim. Workers’ compensation provides benefits for qualifying workplace injuries, while a third-party personal injury claim may allow you to pursue additional damages if someone other than your employer was legally responsible.

Understanding the difference is important because the available benefits, required evidence, and deadlines can vary.

Third-Party Construction Accident Claims

Workers’ compensation does not necessarily prevent you from pursuing a separate claim against someone outside your employer.

Under N.C. Gen. Stat. § 97-10.2, an injured employee may pursue a claim against a legally responsible third party while retaining applicable workers’ compensation rights. The statute also addresses how the employee, employer, and insurance carrier share rights and interests in a third-party recovery.

A third-party personal injury claim may allow you to seek damages not available through workers’ compensation, including compensation for pain and suffering, when supported by the evidence. However, you generally must establish the third party’s legal responsibility for your injuries. North Carolina’s contributory negligence rule can also affect your ability to recover in a negligence lawsuit.

If another company or person contributed to your construction accident, our attorneys can evaluate whether a third-party claim may be available and explain how it could interact with your workers’ compensation benefits. Similar issues can arise when someone is injured on the job by another party.

What to Do After a Construction Accident in North Carolina

Your health should be the first priority after a construction accident. Once you are safe, reporting the injury and preserving information about the worksite can help protect your rights.

Construction sites can change quickly as equipment is moved, work resumes, and crews leave the area. When possible, documenting the conditions near the time of the accident can help establish what happened.

Report the Accident and Get Medical Care

Notify your employer about the accident as soon as reasonably possible and follow the applicable workplace injury reporting procedures. Provide an accurate account of what happened, and avoid guessing about details you do not know.

Seek medical attention promptly, even if you initially believe you can continue working. Some construction injuries become more apparent over time, and medical records can document your diagnosis, treatment, and work restrictions.

Follow your medical provider’s instructions and keep records of appointments, treatment recommendations, and expenses related to the injury.

Protect Information About How the Accident Happened

If your condition permits, take photographs of the accident scene, equipment, and any visible hazards. Obtain contact information for witnesses who saw what happened or know about the conditions leading up to the accident.

Other evidence may be held by the companies involved in the project. Safety reports, maintenance records, project documents, and surveillance footage could help establish responsibility.

Edwards Injury Law can evaluate what evidence may be relevant to your case and help determine how to obtain information that is not readily available to you.

Why Hire Edwards Injury Law After a Construction Accident?

A construction accident can raise complicated questions about workers’ compensation, third-party liability, and insurance coverage. Focusing only on workers’ compensation could leave another potential source of recovery unexplored.

At Edwards Injury Law, we examine how the accident happened and whether a company or person outside your employer may be responsible. Our attorneys can investigate the worksite conditions, review the roles of the businesses involved, and evaluate the evidence supporting a potential third-party claim.

We also consider the financial and personal effects of your injuries. Medical treatment, lost income, and limitations on your ability to work can affect your recovery and the damages you may be able to pursue. If a third-party claim is supported by the evidence, we can communicate with the appropriate insurers, address liability disputes, and prepare to pursue litigation when necessary.

Our goal is to help you understand how the different claims may affect your recovery so you can make informed decisions about your legal options.

North Carolina Construction Accident FAQs

What if I were injured while visiting a construction site, but do not work there?

You may have a personal injury claim if a property owner, contractor, or another responsible party negligently caused your injuries. Because you were not injured as an employee in the course of your work, workers’ compensation generally would not be the basis of your claim. Your legal options will depend on why you were at the site, the conditions that caused the injury, and who was responsible for those conditions.

Can an independent contractor file a construction accident claim?

Yes, an independent contractor may be able to pursue a personal injury claim against a company or person whose negligence caused the accident. Workers’ compensation eligibility depends on the actual employment relationship and applicable law, not simply the label used in a contract. The circumstances of your work and the responsibilities of the companies involved can affect which claims are available.

Can I file a construction accident claim if I am undocumented?

Undocumented status alone does not automatically prevent an injured worker from qualifying for North Carolina workers’ compensation benefits. The Workers’ Compensation Act includes noncitizens within its definition of employee. However, eligibility for particular benefits and the issues involved in an individual case depend on the facts and applicable law. An attorney can evaluate your circumstances and explain which options may be available.

Can I recover compensation if I was partly responsible for the accident?

You may still qualify for workers’ compensation benefits even if you made a mistake that contributed to the accident, subject to the requirements and exceptions under the Workers’ Compensation Act. A third-party negligence claim is different. North Carolina generally follows a contributory negligence rule, which can prevent recovery if your own negligence contributed to the injury, subject to limited exceptions. The facts surrounding the accident and any allegations about your conduct can affect your legal options.

Can my employer fire me for reporting a construction accident?

North Carolina law provides protections against retaliation for exercising certain workers’ compensation rights. An employer generally cannot lawfully retaliate against an employee for filing or pursuing a protected workers’ compensation claim. Whether a particular termination or other adverse action violates the law depends on the circumstances, including the reason for the employer’s decision and the employee’s protected activity.

How long do I have to file a construction accident claim in North Carolina?

The deadline depends on the type of claim you are pursuing. Under N.C. Gen. Stat. § 97-24, a workers’ compensation claim generally must be filed within two years after the accident, subject to specific statutory provisions and exceptions. A third-party personal injury lawsuit generally has a three-year statute of limitations for claims involving negligence.

Get Legal Help After a North Carolina Construction Accident

A construction accident can affect your health, your ability to earn an income, and your financial security. Understanding whether you have a workers’ compensation claim, a third-party personal injury claim, or both can help you determine what steps to take next.

Edwards Injury Law can review the circumstances of your accident, explain your legal options, and pursue compensation when the evidence supports a claim.

Contact Edwards Injury Law to discuss your construction accident and learn how our team can help