Limits of a Construction Company’s Liability When You Are Injured on the Job
As a construction worker who suffers an injury on the job, you may think the construction company employing you is liable; however, there are limitations to what they can be held responsible for.
Do I Qualify For Workers’ Compensation Coverage?
Construction companies in North Carolina that employ three or more people must carry workers’ compensation coverage. This is no-fault insurance. It does not matter how the person was hurt.
However, many construction workers are called or considered “independent contractors” and worry that workers’ compensation coverage doesn’t apply to them because they’re not technically employees and file taxes as contractors.
However, your entitlement to workers’ compensation benefits has nothing to do with what your employer calls you. It’s more about the legal relationship and how they employ you.
The North Carolina Industrial Commission evaluates eligibility on a case-by-case basis. But a good rule of thumb is if you’re reporting for work on the employer’s set schedule, using their materials and supplies, have the right to fire you, and following their lead for how they must complete the project, then you’re entitled to their workers’ compensation coverage.
Is There A Statute Of Limitations On Construction Worker Injuries?
If you’re injured on a construction job in North Carolina, you have two years from the date of injury, or the date the injury became apparent, to file a workers’ compensation claim.
If you fail to file a claim within two years, the construction company will not have to offer you workers’ compensation benefits.
What Should I Do If I’m Injured On A Construction Job?
If you have been injured while working a construction job, call Hyland & Padilla immediately. Having an experienced personal injury attorney on your side will help you navigate how to file a workers’ compensation claim, navigating insurance company settlement offers, and more.
We offer free consultations to help our clients get the compensation they deserve to have the money they need to heal from any injuries and be able to pay their bills while out of work.