Construction work is a major industry, but it can be dangerous for workers. If you or someone you know is injured in a construction accident in Myrtle Beach, contact an attorney for legal help as soon as possible.

Injured construction workers might have more than one legal option for financial compensation. It may be possible to file a Workers’ Compensation claim. Employees are usually barred from suing their employers, but certain third parties may still be held liable. If Workers’ Comp does not cover you, you may sue those responsible for the accident or for the construction site’s safety. This could include clients, but it might also include property owners, manufacturers, and others.

Call (305) 614-2767 and ask our construction accident lawyers with the Graves Injury Law Firm for a free, private legal review to get started.

How Can Injured Construction Workers Get Financial Compensation in Myrtle Beach, SC?

Construction injuries are not all the same, and you might have to consider multiple legal options, all while recovering from serious injuries.

Workers’ Compensation

Workers’ Comp is a no-fault system where construction workers injured in work-related accidents claim financial compensation without having to prove who caused the accident. While benefits can be helpful, they are also limited compared to compensation from a lawsuit.

In Workers’ Comp claims, injured employees receive compensation for

  • Medical treatment
  • A portion of lost income (usually about two-thirds of their average weekly wage) and
  • Additional benefits for permanent injuries or lost body parts.

Workers’ Compensation for Subcontractors and Employees

When a general contractor hires a subcontractor, that subcontractor is usually covered by the general contractor’s Workers’ Compensation insurance unless the subcontractor has their own insurance. The same is true for employees of the subcontractor.

Contractors who have employees working for them (i.e., direct employees, not subcontractors) also typically have to cover them.

Injury Lawsuits

You generally cannot sue your employer for work-related accidents under South Carolina Workers’ Compensation laws. For many, Workers’ Comp may be the best, or perhaps only, way to get financial compensation.

Lawsuits Against Employers

You can sue your employer for an accident if they fail to maintain the Workers’ Compensation insurance required to provide benefits, or if the injuries result from deliberate actions or an intentional tort.

Lawsuits Against Third Parties

You may sue third parties, including people or entities outside the employer-employee relationship. You can sue third parties and file a Workers’ Compensation claim.

Who Can You Sue for Damages After a Construction Accident

If you can get around Workers’ Comp laws, you may sue your employer. Additionally, other people may bear some blame for the accident, and they can be included in the case.

Employers

You can sue your employer only under specific conditions. Again, you can sue them if they lack the insurance required to provide Workers’ Comp benefits, or if the accident results from deliberate actions or intentional torts.

Talk to your lawyer if you are unsure about suing your employer. The conditions necessary to sue them are not common, and most injured construction workers cannot sue their employers.

Manufacturers of Tools, Equipment, and Machinery

Many construction accidents happen because of faulty equipment, tools, or machinery. A power tool that malfunctions can be extremely dangerous, and the company that manufactured the defective tool should be held responsible.

Manufacturers of Safety Gear

Safety gear is a huge part of construction work. If safety gear is not working properly or was made with defects, construction workers may not be adequately protected. Again, the company that produced the defective safety gear can be sued for damages.

Property Owners

In many construction accident cases, the owners of the property where the construction project is happening are often not directly involved in the construction itself. However, if property owners fail to inform contractors and workers about known hazards on the property or provide workers with faulty equipment, they can be sued for damages.

Trespassers

Construction sites are often full of expensive building materials and tools. It is common for trespassers to try to enter construction sites and steal anything that looks valuable. In some cases, trespassers may inadvertently tamper with the safety of the site, leading to accidents.

We can use things like security camera footage and police reports to identify the trespassers and sue them in civil court.

Evidence You Need to Prove Injury Claims for Construction Accidents

You cannot succeed in court without evidence to back up your claims. Below are common examples of evidence, although your specific case may call for alternative or additional evidence.

Medical Records

We should begin by obtaining copies of your medical records promptly, as it can take time for hospitals and doctors’ offices to compile them. Our construction accident lawyers may need these records to prove your injuries in a Workers’ Compensation claim or in a lawsuit.

Doctors’ Reports

An incredibly important part of any Workers’ Comp claim is doctors’ reports stating that your injury is work-related and disabling. These are essential elements for your claim.

Security Camera Footage

Many construction sites have security cameras, and video footage may be retained for some time after an accident. The property owners or a construction company might own the cameras, and we should inquire about getting copies as soon as possible.

Witness Testimony

Construction accidents are rarely isolated, and many coworkers and even passersby may witness the accident. We should speak to other workers on the construction site about the accident. Some of them may even shed light on the dangerous conditions that directly contributed to the accident.

Can You Sue for Injuries from Construction Accidents in Myrtle Beach, SC?

Yes. You may sue those responsible for your accident, but employees usually cannot sue their employer for work-related accidents. That means suing a third party.

What Damages Should You Claim in a Construction Accident Case?

You may claim extensive damages, including, but not limited to…

  • Medical costs
  • Lost income
  • Damage to personal property (e.g., personal tools and equipment)
  • Physical pain
  • Mental or emotional distress
  • Damage to your professional reputation.

Can You Sue if You Also Receive Workers’ Compensation for a Construction Accident?

You can sue third parties for damages while also receiving Workers’ Compensation benefits after a construction accident. You may need to pay some money back to the Workers’ Comp provider if you recover the same damages twice (e.g., medical bills).

Ask Our Construction Accident Attorneys in Myrtle Beach, SC for Legal Help Now

Call (305) 614-2767 and ask our construction accident lawyers with the Graves Injury Law Firm for a free, private legal review to get started.