Sumter Construction Accident Lawyer
Construction work is one of the most dangerous jobs in the world. A Sumter construction accident lawyer from the Stanley Law Group protects these hard-working individuals from serious injury.
Construction accidents cause trauma injuries and occupational diseases. Trauma injuries at construction sites include falls, electrocutions, struck-by (e.g. a worker on a scaffold accidentally drops a hammer on a victim), and caught between (usually a worker “caught between” a large vehicle and a retaining wall). These four injuries cause over half the fatal trauma injuries in South Carolina. Common occupational diseases include hearing loss, joint injuries, and toxic exposure illnesses.
The legal options available to injured workers help them recover quickly so they can get back to work quickly. Ultimately, that’s what everyone wants.
Sumter Construction Accident Lawyers and Workers’ Compensation
None of today’s construction injury victims were on the job when workers and management agreed to the Grand Bargain in the early 1900s. However, it’s still in place.
In this agreement, workers gave up their right to sue in civil court if management provided a no-fault benefit system that paid:
- Lost Wages: Most injured victims receive two-thirds of their AWW (average weekly wage) for the duration of their temporary or permanent disabilities. The AWW includes not only regular cash compensation, but also irregular and non-cash compensation, such as overtime opportunities and 401(k) contributions.
- Medical Bills: By law, the insurance company must lay all reasonably necessary medical bills, from the first moment of emergency care on scene to the last day of physical therapy. Once again by law, injured workers aren’t financially responsible for any unpaid charges.
In most cases, construction companies cannot dispute fault. The victim must only prove the injury or illness was work related. However, these companies can, and do, bitterly contest the amount of damages.
The reasonably necessary medical bill requirement is a good example. Most adjusters believe that “reasonably necessary” and “cheapest available” mean the same thing. To refute this argument, a Sumter construction accident lawyer often partners with an independent doctor who provides critical testimony in this area.
These IMEs (independent medical exams) are often critical in South Carolina. Most injured victims must see company doctors who serve two masters (the patient who is injured and the employer who writes their paychecks).
Nonsubscriber Claims
This Legalese term simply means construction injuries that, for one reason or another, workers’ compensation does not cover.
Workers’ compensation benefits are only available if the employer has a valid insurance policy. Many employers skirt the law and do not buy insurance. Others lie to their carriers about important risk information, like payroll size. In both these cases, the insurance company doesn’t pay workers’ compensation claims.
If insurance is unavailable for these reasons or any other reason, attorneys may file civil damage claims. Compensation, including money for economic and noneconomic losses, such as emotional distress, is available if the company was legally negligent.
Negligence is easier to prove in these cases because most employers in these situations cannot use assumption of the risk and other “silver bullet” defenses.
A civil claim is also an option if the employer intentionally or recklessly caused injury, and in a few other situations as well, such as asbestos poisoning.
Work With a Thorough Sumter County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced construction accident lawyer in Sumter, contact the Stanley Law Group. We routinely handle matters throughout the Palmetto State.
