OVER 50+ YEARS OF COLLECTIVE EXPERIENCE SERVING RALEIGH & DURHAM
Protecting the Rights of Injured Clients
Construction Accidents
Durham Construction Accident Lawyer
Compassionate Legal Guidance in Durham, NC
Construction sites are inherently dangerous. Workers are required to follow strict safety protocols, but these rules are often ignored or broken. When this happens, workers can be severely injured or killed. In some cases, these accidents can be fatal.
If you or a loved one was injured or killed in a construction accident, you shouldn't have to go through this alone. At Hyland, Padilla & Fowler, PLLC, we understand that going through a construction accident can be extremely difficult. We also know the importance of holding negligent parties accountable for their actions. Our Durham construction accident lawyers are prepared to fight for you and your rights.
After a serious incident, you may be unsure whether you have a workers’ compensation claim, a personal injury claim against a third party, or both. We can walk you through how medical treatment, wage replacement, and potential pain and suffering damages fit together under North Carolina law. By explaining your options in plain language and answering your questions, we help you make informed decisions about the next steps and avoid mistakes that could affect your recovery.
Construction accidents can be caused by a variety of factors. Common causes of construction accidents include:
Poor site planning
Lack of site supervision
Lack of safety protocols
Improper training
Improper safety equipment
Improper safety procedures
Improper safety training
Improper safety equipment
Improper safety procedures
Improper safety training
Improper safety equipment
Construction sites are inherently dangerous places. Workers are required to follow strict safety protocols. However, these rules are often ignored or broken. When this happens, workers can be severely injured or killed.
In many North Carolina construction projects, accidents also stem from communication breakdowns between general contractors and subcontractors. When schedules change or work areas overlap, crews may be exposed to open edges, live electricity, or heavy machinery without warning. We often see injuries occur when one company assumes another has locked out equipment, secured a trench, or installed fall protection, and no one clearly takes responsibility for those tasks.
Weather and site conditions around Durham can also increase the risk of a construction accident. Wet or muddy ground can cause scaffolding to shift, ladders to slide, or heavy trucks to lose control, especially on sloped or unfinished surfaces. When contractors fail to adjust work plans, provide proper footwear, or secure walking surfaces in these conditions, they may be held responsible for creating an unnecessarily hazardous work environment.
Who Can Be Held Liable in a Construction Accident?
In North Carolina, liability for a construction accident can be determined based on various factors and parties involved in the project. The specific circumstances of the accident will dictate who can be held responsible. Here are some parties that could potentially be held liable:
Property Owner: The owner of the construction site may be held liable if they failed to provide a safe working environment or if they were negligent in maintaining the premises.
General Contractor: The general contractor overseeing the construction project can be held liable if they failed to implement proper safety measures, adequately supervise the workers, or if their actions or decisions contributed to the accident.
Subcontractors: Subcontractors working on the construction site can also be held responsible for accidents if their negligence or unsafe practices led to the incident.
Architects and Engineers: If the accident was caused by a design flaw or engineering error, the architects or engineers involved in the project may be held liable for their professional negligence.
Equipment Manufacturers: If the accident was caused by a defective or malfunctioning piece of equipment, the manufacturer or supplier of that equipment could be held liable under product liability laws.
Determining who is financially responsible often requires a careful review of contracts, safety policies, and the way work was actually performed on the day of the incident. On many Durham projects, several companies share control over the same work area, making it necessary to look beyond the immediate employer and examine how decisions were made at each level. We can work with investigators and industry professionals to trace the chain of responsibility and identify which parties failed to follow reasonable safety practices.
Liability issues can also intersect with North Carolina workers’ compensation rules, which generally limit lawsuits against an injured worker’s direct employer. However, other parties on the site—such as a different subcontractor, a property owner, or an equipment manufacturer—may still be subject to a personal injury claim. Understanding how these different avenues of recovery interact is important so you do not unknowingly give up rights to compensation for medical costs, lost income, and long-term limitations caused by a construction accident.
How We Can Help With Construction Accidents In Durham
At Hyland, Padilla & Fowler, PLLC, we know how to navigate complex personal injury and work accident cases. We also know how to handle complicated construction accident cases. Our Durham construction accident lawyers are prepared to investigate your case and gather the evidence you need to win. We are also prepared to hold negligent parties accountable for their actions.
When you contact us after a construction site injury, we start by listening carefully to your account of what happened and how your life has been affected. We may then gather jobsite records, safety manuals, incident reports, and witness statements to build a clear picture of the conditions that led to your harm. In many cases, it is also important to document the scene quickly, before equipment is moved or temporary structures are taken down, so we can preserve critical details about guardrails, harness systems, or excavation support.
Our team can also help you coordinate the different claims that may arise from a construction accident. This may include guiding you through a workers’ compensation claim for medical treatment and wage benefits while pursuing a separate claim against a negligent third party for additional damages. We aim to reduce the stress of dealing with insurance adjusters, paperwork, and deadlines so you can focus on healing and following your doctors’ recommendations.
Frequently Asked Questions
How Long Do I Have To File A Claim After A Construction Accident?
There are different time limits depending on the type of claim. Workers’ compensation claims and personal injury claims each have their own deadlines, and missing them can affect your ability to recover compensation. It is usually best to speak with an attorney soon after the accident so important dates can be identified and preserved.
Should I Report A Construction Accident If I Think My Injuries Are Minor?
Yes, you should report the accident to a supervisor or site manager as soon as possible, even if you think you are only slightly hurt. Some injuries worsen over time, and early documentation of how and when you were injured can make it easier to connect later medical problems to the original incident. Prompt reporting can also help ensure that an incident report is created and any unsafe conditions are addressed.
Can I Choose My Own Doctor After A Construction Injury?
In workers’ compensation cases, the employer or its insurance company may have a role in directing medical care, but injured workers often have options if they are dissatisfied with treatment. The rules can be confusing, and they may differ from the choices available in a personal injury case. Discussing your situation with a lawyer can help you understand your rights and how to protect your health while your claim is pending.
If you or a loved one was injured or killed in a construction accident, you deserve justice. Contact our team at (919) 891-8361.
Our Results
Experienced Legal Help from Hyland, Padilla & Fowler Since 1999
Over 7000 Cases Handled
We have represented thousands of personal injury clients since 1999.
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