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Local Attorneys Are Ready to Fight for Construction Accident
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A construction jobsite injury does not leave room for uncertainty. The bills arrive, the paychecks stop, and workers’ compensation can look like the only option available to you — but it rarely covers the full cost of a serious injury. If someone other than your employer contributed to what happened, you may have a separate personal injury claim on top of any workers’ compensation benefits, and the window to file it is already open. We handle construction accident claims across Virginia, North Carolina, and South Carolina. We look at every party whose conduct led to your injury, not only your employer, and we pursue a workers’ compensation claim and a personal injury claim together when both apply.
A workers’ compensation claim is paid without proving fault, and that matters when you need medical care quickly. However, it does not cover pain and suffering, nor does it replace all of your lost wages. We have handled construction and job-site injury claims across all three states for decades, including matters involving major manufacturers and national companies. Before you accept any offer, let us review what your case is worth.
Why Choose Marcari, Russotto, Spencer & Balaban for Your Construction Accident Claim
Injured workers in Virginia, North Carolina, and South Carolina come to us when they want to know whether they have a claim beyond workers’ compensation and who can be held responsible for the full extent of their losses. We give clear answers, not estimates, and we handle the process from the first call through resolution.
Decades of Personal Injury Experience Across Virginia, North Carolina, and South Carolina
Our attorneys bring more than 200 years of combined experience to personal injury work across all three states. That depth covers construction and job-site injuries, from third-party liability claims to the workers’ compensation system in North Carolina. We have handled matters involving major manufacturers and national companies, and we apply that history to the specific facts of your situation.
Offices Near You, With No Fee Unless We Recover Compensation
Reaching a law firm after a serious injury can be harder than it sounds. We keep offices across Virginia, North Carolina, and South Carolina, and when an injury makes travel difficult, we can come to you. You pay no fee unless we recover compensation, and your first conversation with us is an initial free consultation.
Client Testimonials
“I had a good experience at this law firm! Will recommend to anyone who has an injury claim to file!” — T. A.
“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.T.
“I want to start by stating that the assistance provided by Ashely and Savannah was beyond phenomenal. The professionalism and care is something I valued greatly. Throughout my time with the firm I was contact regularly to see how I was doing. Furthermore, they did an excellent job in describing the entire claim process in laymen terms for me.” — Y.B.
What Causes Most Construction Accidents?
Most construction accidents trace back to a short list of recurring hazards. Federal safety officials group the most frequent causes of construction deaths into four categories, often called the Focus Four: falls, struck-by incidents, electrocutions, and caught-in or caught-between events. Falls account for the largest share, roughly a third of all construction deaths in recent federal counts. On a job site, those categories take shape as:
- Falls from scaffolds, ladders, and roofs
- Falling or dropped objects
- Strikes from vehicles or heavy machinery
- Caught-in or caught-between hazards
- Crane and forklift incidents
- Electrocution from power lines or live wiring
- Defective tools or equipment
Many of these causes point to someone other than your employer, which can open a claim beyond workers’ compensation.
What Injuries Do Construction Accidents Cause?
Construction injuries tend to be severe because the forces involved are large. A worker who survives a fall or a strike from heavy equipment often faces a long recovery with lasting physical limits. Common construction accident injuries include:
- Broken bones and crush injuries
- Traumatic brain injury
- Spinal cord injuries
- Burns
- Amputation
- Hearing or vision loss
- Fatal injuries, which may give surviving family a wrongful death claim
The more serious the injury, the more a fair recovery depends on counting every cost, both now and in the years ahead.
Do You Have a Claim Beyond Workers’ Compensation?
Workers’ compensation covers medical care and a portion of lost wages without requiring you to prove anyone was at fault. In North Carolina, injured workers file those claims through the workers’ compensation system. The tradeoff is that workers’ compensation does not pay for pain and suffering, and it does not replace the full wages a serious injury takes from you.
When a third party shares responsibility for the accident, a separate personal injury claim can reach those losses. Your role on the site shapes your options. On-site workers and subcontractors generally move through workers’ compensation first. A delivery driver, inspector, or passerby hurt near the site may have a standard personal injury claim from the start.
When You Can File a Third-Party Claim
A third-party claim can be available when someone other than your employer contributed to your injury. That can include a subcontractor, an equipment manufacturer, a property owner, or another contractor working on the site. A third-party personal injury claim can recover the full value of your lost wages and your pain and suffering, which workers’ compensation cannot reach. You can pursue both claims at the same time, and we coordinate them so one path does not undercut the other.
Who Can Be Held Liable for Your Injuries
More than one party can share responsibility for a construction injury. Depending on how the accident happened, liable parties may include the following:
- General contractors
- Subcontractors
- Property owners
- Equipment or product manufacturers, when defective equipment contributed to the harm
How shared fault is handled depends on the state. Virginia and North Carolina apply contributory negligence, which means your own share of fault in the accident may bar or limit recovery depending on the specific circumstances. South Carolina uses modified comparative negligence with a 50% bar, meaning you can still recover as long as you were not more than 50% at fault, with your award reduced by your percentage of responsibility. For South Carolina claims arising on or after January 1, 2026, a court or jury may also consider the fault of parties who are not named in the lawsuit.
What Compensation Can You Recover After a Construction Accident?
Construction accident compensation depends on the severity of your injury, who is liable, and which claims apply to your situation, all shaped by state law. Through a third-party personal injury claim, recoverable losses may include:
- Medical expenses
- Future medical care
- Lost wages
- Lost earning capacity
- Pain and suffering
- Permanent disability
- Wrongful-death benefits for surviving family after a fatal injury
Workers’ compensation covers a narrower range, mainly medical care and a portion of lost wages. The gap between the two paths is often substantial.
What Should You Do After a Construction Site Accident?

What you do in the first days after a construction site accident can shape both your recovery and your claim. A few steps carry the most weight:
- Report the injury to your employer in writing as soon as possible
- Get medical care and follow the treatment plan your provider recommends
- Document the scene, your injuries, and the equipment or conditions involved
- Save evidence and collect the names of anyone who witnessed what happened
- Decline to give a recorded statement to any insurer before getting legal advice
- Talk with a construction accident lawyer about your options
Reporting your injury and following medical treatment also create the paper trail that a claim depends on later.
How Long Do You Have to File a Construction Accident Claim?
Deadlines depend on the state and the type of claim, and missing one usually ends the case for good. For a personal injury claim after a construction accident:
- Virginia: Two years from the date of injury (Va. Code § 8.01-243)
- North Carolina: Three years from the date of injury, subject to narrow statutory exceptions (N.C. Gen. Stat. § 1-52)
- South Carolina: Three years from the date of injury (S.C. Code § 15-3-530)
A North Carolina workers’ compensation claim runs on its own clock. An injured worker generally has two years from the date of the accident to file (N.C. Gen. Stat. § 97-24), and written notice to the employer is due within 30 days under § 97-22. Once a deadline passes, a court will almost always refuse to hear the claim regardless of its merits.
How Do You Choose a Construction Accident Lawyer?
The right construction accident lawyer has handled job-site injuries before and knows how a third-party claim works alongside workers’ compensation. A few things worth evaluating before you decide:
- Experience with job-site injuries and third-party liability claims
- Coverage in your state, whether Virginia, North Carolina, or South Carolina
- Clear communication about your options and the process ahead
- A contingency fee arrangement, so legal costs come out of any recovery rather than out of pocket
- A track record with construction and job-site claims specifically
Construction injury claims often turn on whether a third party contributed to the accident. Identifying that early is frequently what separates a workers’ compensation-only result from a recovery that covers the full cost of your injury.
Get a Free Construction Accident Case Evaluation Today
A serious construction injury leaves you managing pain, bills, and lost income before anyone has explained what your claim is actually worth. We review construction accident claims across Virginia, North Carolina, and South Carolina, and we weigh every available path to recovery, including claims beyond workers’ compensation. Before you accept any offer or let a filing deadline pass, a free case evaluation can show you where you stand. Call us at 855-435-7247 or use our online contact form to get started.
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.”
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