Table of Contents
Key Takeaways
- Workers’ compensation is not always your only claim after a construction accident.
- A separate third-party claim against a non-employer can recover what workers’ compensation does not, including your full lost wages and pain and suffering.
- A general contractor, subcontractor, property owner, equipment maker, or negligent driver may share responsibility for a construction site accident.
- The filing deadline and the fault rule differ by state, and Virginia allows two years for a third-party injury claim while North Carolina and South Carolina allow three.
- Marcari, Russotto, Spencer & Balaban handles construction accident claims for injured workers across Virginia, North Carolina, and South Carolina.
A fall from a scaffold, a trench collapse, or a load that shifts on a lift can end a workday in seconds. You are hurt, out of work, and watching the bills arrive while your paycheck has stopped. Workers’ compensation may feel like the only option in front of you, but a construction injury can also give rise to a separate personal injury claim.
Workers’ compensation pays certain benefits without requiring you to prove fault, and it rarely covers the full cost of a serious injury. The rules that decide whether you can recover more and how long you have to act are not the same in Virginia, North Carolina, and South Carolina. If the deadline in your state passes, you can lose the right to file before anyone measures what the injury truly cost.
We handle third-party construction accident claims for workers across Virginia, North Carolina, and South Carolina. We look at every party whose conduct contributed to the injury, not only your employer, and we know how the filing deadline and the fault rule work in each state. Before you accept any offer, we can review what happened and explain your options.
What to Do After a Construction Accident at Work
The steps you take right after a construction accident protect both your health and any claim that follows.
- Get medical care right away, and tell the provider the injury happened at work.
- Report the injury to a supervisor or site manager in writing as soon as you can.
- Photograph the scene, the equipment, and the conditions that caused the accident.
- Get the names and contact information of anyone who saw what happened.
- Keep every record, bill, and piece of correspondence connected to the injury.
- Speak with a lawyer before giving a recorded statement or accepting an early offer.
Construction sites carry hazards that the Occupational Safety and Health Administration tracks closely, from falls to equipment failures, and the same conditions that cause an injury are often the evidence a claim depends on. Each step above preserves something a claim may later need, from the medical link between the accident and your injury to the identity of everyone who contributed to it.
Workers’ Compensation or a Personal Injury Claim: Knowing the Difference
Workers’ compensation and a personal injury claim are two different paths, and a serious construction injury can involve both. Workers’ compensation pays benefits without requiring you to prove that anyone was at fault. It covers medical care and part of your lost wages, and it is generally the only claim you can bring against your direct employer.
A third-party claim is separate. You bring it against someone other than your employer whose negligence caused the injury, and it can recover what workers’ compensation leaves out, including your full lost earnings and pain and suffering. A third party may be:
- A general contractor or subcontractor
- The property owner or site controller
- A maker of defective equipment or a defective tool
- A negligent driver in or around a work zone
A claim against an equipment maker is a form of product liability, and it requires different proof than a claim against a careless contractor. We handle the third-party construction accident claim, and in North Carolina we handle the workers’ compensation claim as well. If a third-party claim succeeds, the workers’ compensation insurer may assert a lien to recover part of what it already paid.
How Construction Accident Claims Differ in Virginia, North Carolina, and South Carolina
The filing deadline and the fault rule both change across the three states we serve.
Virginia
In Virginia, you generally have two years from the date of a construction accident to file a third-party injury claim under Virginia Code Section 8.01-243. Virginia follows contributory negligence. If the defense can show you were even partly at fault for the accident, it can argue against any recovery at all.
Because the stakes attached to fault are high, early and careful investigation can decide a Virginia claim. Site conditions, equipment, and records can disappear quickly, so preserving them early protects your position.
North Carolina
In North Carolina, you have three years from the date of the accident to file a third-party injury claim under North Carolina General Statute Section 1-52(5). Workers’ compensation runs on a separate and shorter track.
You have 30 days to give your employer written notice of the injury, under Section 97-22, and two years to file the workers’ compensation claim itself, under Section 97-24. North Carolina also follows contributory negligence, so the same care about fault that matters in Virginia applies here.
South Carolina
South Carolina also allows three years to file, under South Carolina Code Section 15-3-530(5). South Carolina uses modified comparative negligence.
You can recover as long as you are not more than 50% at fault for the accident, and the court or jury reduces your award by your share of the fault. For claims arising on or after January 1, 2026, the court or jury may also weigh the fault of parties who are not named in the lawsuit, under Section 15-38-15.
Why Injured Workers Across the Carolinas and Virginia Turn to Our Firm
After a construction injury, you need to know whether workers’ compensation is your only option and who besides your employer may share responsibility. We answer both questions by looking at the whole job site, not only the company you work for.
We handle third-party construction accident claims across all three states against general contractors, subcontractors, equipment makers, and trucking companies operating in and around work zones. Because we work in Virginia, North Carolina, and South Carolina, we apply the filing deadline and the fault rule that govern your specific claim, rather than a single-state approach that leaves out where you were hurt.
Our attorneys work on a contingency basis, so there is no fee unless we recover for you, and we begin with an initial free consultation.
Testimonials
“This law firm was very helpful. They even found help with my recovery after my accident out of state as I was in the middle of relocating to another state. I definitely recommend them.” — A. H.
“They were extremely helpful and I was grateful for their support! Thank you again for all ya’ll help!” — K. L.
“This was an amazing experience for me. This law firm really cares about their clients. And I can honestly testify to that. I would recommend you all to any and everybody. I really appreciate everything. God Bless!!!” — D. S.
Frequently Asked Questions About Construction Accident Claims
How Much Does It Cost to Hire a Construction Accident Lawyer?
There is no up-front cost. We handle construction accident claims on a contingency basis, which means you pay no fee unless we recover compensation for you, and the first consultation is free. That arrangement lets you have your case reviewed without adding another bill during a difficult stretch.
Can I Bring a Claim if I Am Classified as an Independent Contractor?
Possibly, yes. Your classification can affect whether you qualify for workers’ compensation, but a third-party claim does not depend on being anyone’s employee. If a negligent contractor, property owner, or equipment maker caused your construction site accident, you may have a claim regardless of how you were classified.
Should I Give a Statement to the Insurance Company After a Construction Accident?
It is often safer to speak with a lawyer first. An early recorded statement or a quick settlement offer can reduce what you are able to recover once you know the full cost of the injury. You can decline to give a statement until you have had your construction accident claim reviewed.
Hurt on a Job Site in Virginia, North Carolina, or South Carolina? Get Answers Today.
A serious construction injury leaves you managing pain, lost income, and medical bills while you are out of work. You may have more than a workers’ compensation claim, and only a limited time remains to file a third-party claim in the state where you were hurt. We handle construction accident claims across Virginia, North Carolina, and South Carolina, and we can review what happened and explain your options in a free case evaluation.
Call us at 855-435-7247, or reach us through our online contact form to have your construction accident claim reviewed.
Written By Donald Marcari
Don is the Senior Managing Partner at Marcari, Russotto, Spencer & Balaban. He gained national attention when his exploits as a defense attorney with the U.S. Navy JAG Corps became the basis for “A Few Good Men.”
