Constructing Justice – Your Smithfield Construction Accident Lawyer Guide

When Construction Safety Fails: Your Rights to Compensation

If you’ve been injured on a construction site in Smithfield, a smithfield construction accident lawyer can help you pursue compensation. Here’s what you need to know right away:

• Immediate steps: Seek medical attention, report the accident to your supervisor, document the scene
• Potential compensation: Medical expenses, lost wages, pain and suffering
• Time limits: 3 years statute of limitations in North Carolina
• Dual claims possible: Workers’ compensation + third-party lawsuits against equipment manufacturers, subcontractors, or property owners
• No upfront fees: Most construction accident attorneys work on contingency (no recovery, no fee)

Construction sites are inherently dangerous workplaces. According to OSHA, one out of every ten construction workers is injured annually, with approximately 150,000 construction site injuries occurring each year across the country. In Smithfield and throughout Johnston County, these accidents can devastate families both physically and financially.

When a construction accident occurs, victims often face overwhelming medical bills, lost income, and uncertain futures. Construction accidents typically result from falls from heights, equipment malfunctions, electrical incidents, or falling objects – all potentially causing catastrophic injuries that require extensive medical treatment and rehabilitation.

What makes construction accident cases complex? Unlike typical workplace injuries, construction accidents often involve multiple parties who may share liability – general contractors, subcontractors, equipment manufacturers, property owners, and others. This complexity requires specialized legal knowledge to identify all responsible parties and maximize your compensation.

I’m Kelly K. Daughtry, a dedicated smithfield construction accident lawyer with extensive experience representing injured construction workers throughout Johnston County and eastern North Carolina. My firm, Daughtry, Woodard, Lawrence & Starling, has been serving the Smithfield community since 1969, combining deep local knowledge with the legal expertise needed to steer complex construction injury claims.

Immediate Action Steps After a Construction Accident

The moments following a construction accident are critical not only for your health but also for preserving your legal rights. What you do in those first few hours can make all the difference in your recovery—both physical and financial.

When the unthinkable happens on a construction site, your first instinct might be panic. Take a deep breath. If you or someone nearby has been seriously injured, call 911 immediately. Nothing matters more than getting proper medical care right away.

Once emergency services are on their way (or if injuries aren’t life-threatening), notify your supervisor about what happened. This creates an official record and kicks off the workers’ compensation process. Be factual but thorough in explaining what occurred.

Even if you think you’ve just suffered a minor bump or bruise, seek medical attention anyway. Some of the most serious injuries—concussions, internal bleeding, or spinal damage—might not show obvious symptoms right away.

If you’re able to move safely, use your phone to take photos of everything. Capture the accident scene from multiple angles, any equipment involved, safety hazards you notice, and your visible injuries. These images often become powerful evidence.

Don’t forget about the people who saw what happened. Collect names and contact information from witnesses before they leave the site. Their perspectives could prove invaluable later when questions arise about how the accident occurred.

Make sure any equipment or tools involved in the accident remain untouched if possible. Ask your supervisor to ensure these items aren’t repaired, altered, or thrown away until they can be properly examined.

Finally, start an accident diary as soon as you’re able. Note your pain levels, treatments received, medication taken, and how your injuries are affecting your daily life.

The First 24 Hours Matter

The clock starts ticking the moment an accident occurs, and those initial 24 hours are absolutely crucial.

When you seek immediate medical care, you’re not just treating your injuries—you’re creating medical records that establish causation. These records draw a direct line between the construction accident and your injuries, which becomes vital for your claim.

In North Carolina, you technically have 30 days to provide written notice to your employer about a workplace injury, but waiting is never a good idea. Prompt employer notification helps avoid any questions about whether your injury actually happened at work.

You might be surprised how quickly insurance adjusters can appear after an accident. They may seem friendly and concerned, but remember their job is to minimize the company’s financial exposure. Politely decline to give recorded statements until you’ve had a chance to speak with a smithfield construction accident lawyer.

Key Evidence to Collect

Evidence has a way of vanishing after construction accidents. Worksites change, equipment gets moved, and memories fade surprisingly fast. Here’s what needs preserving:

Photographs and videos tell the story when words fall short. Capture the accident scene from every possible angle, showing safety hazards, equipment involved, and environmental conditions.

Request copies of safety logs and incident reports as soon as possible. These official documents often contain crucial details about known hazards, previous incidents, and the company’s response to your accident.

Liability & Claim Paths You Need to Know

Construction sites typically involve multiple parties working together, which creates a complex web of potential liability when accidents occur. Understanding who might be responsible is crucial to maximizing your compensation.

Potential liable parties in construction accidents include:

• General contractors – Responsible for overall site safety and coordination of work
• Subcontractors – Must ensure their specific work areas and activities are safe
• Property owners – May be liable for certain site conditions and hazards
• Architects and engineers – Could be responsible for design flaws that create unsafe conditions
• Equipment manufacturers – Liable for defective tools, machinery, or safety equipment
• Material suppliers – May be responsible for defective or dangerous building materials

OSHA violations often provide strong evidence of negligence. When construction companies violate safety regulations, this can establish a clear basis for liability. Common OSHA violations include fall protection failures, scaffold safety issues, ladder defects, and inadequate personal protective equipment.

Workers’ Compensation Basics

Workers’ compensation is a no-fault insurance system that provides benefits to employees injured on the job, regardless of who caused the accident. In North Carolina, most employers with three or more employees must carry workers’ compensation insurance.

Key benefits available through workers’ compensation include:

• Medical benefits – Coverage for all reasonable and necessary medical treatment related to your work injury
• Wage replacement – Temporary disability benefits equal to two-thirds of your average weekly wage (subject to statutory maximums)
• Permanent disability compensation – Additional benefits if you suffer permanent impairment
• Vocational rehabilitation – Services to help you return to suitable employment if you cannot return to your previous job

The advantage of workers’ compensation is that you don’t need to prove negligence to receive benefits. The disadvantage is that it doesn’t provide compensation for pain and suffering and may not fully replace your lost income.

For more comprehensive information about work injury services, visit our Personal Injury practice area page.

Beyond Workers’ Comp: Third-Party Lawsuits

While workers’ compensation prevents you from suing your employer in most cases, you may have claims against other parties whose negligence contributed to your injury. These “third-party” lawsuits can provide significant additional compensation.

Third-party claims require proving:

1. Negligence – The third party owed you a duty of care, breached that duty, and caused your injury
2. Product liability – A defective product (tool, equipment, safety gear) caused your injury
3. Gross negligence – In rare cases involving extreme disregard for safety

Unlike workers’ compensation, third-party lawsuits allow recovery for:

• Full lost wages (past and future) rather than the partial replacement provided by workers’ comp
• Pain and suffering – Compensation for physical pain and emotional distress
• Loss of enjoyment of life – Damages for inability to engage in activities you previously enjoyed
• Loss of consortium – Compensation for impact on marital relationship

Why You Need a Smithfield Construction Accident Lawyer

Construction accident cases aren’t simple fender-benders – they’re legal puzzles with pieces scattered across multiple companies, insurance policies, and technical regulations. That’s why having a dedicated smithfield construction accident lawyer by your side makes all the difference in your recovery journey.

When you’re healing from a construction injury, the last thing you need is to steer complex legal waters alone. Construction sites change daily – critical evidence like unsafe conditions can be fixed or removed before you even leave the hospital. Our attorneys know exactly what evidence to gather and how to preserve it properly before it disappears.

Many clients come to us after initially underestimating what their claim is truly worth. A broken arm isn’t just about today’s medical bills – it’s about physical therapy six months from now, potential permanent limitations, and how those limitations might affect your earning capacity for decades.

Insurance companies have one goal: paying as little as possible. When you walk in with a smithfield construction accident lawyer from our firm, adjusters immediately recognize they can’t use their usual tactics. Our reputation and experience give you real negotiation power that simply doesn’t exist when you represent yourself.

Not every case settles, of course. If the insurance company refuses to offer fair compensation, you need an attorney who’s prepared to take your case all the way to trial – and win. Our litigation experience means we’re building your case with a potential courtroom presentation in mind from day one.

Worried about costs? Don’t be. We work on a contingency fee basis, which means a simple promise: if we don’t recover money for you, you don’t owe us a penny. And as part of our commitment to the diverse Smithfield community, we offer bilingual legal support for Spanish-speaking clients.

How a Smithfield Construction Accident Lawyer Builds Your Case

When you hire us, we don’t just file some paperwork and wait. We roll up our sleeves and build your case from the ground up.

First, we conduct a thorough site investigation, often visiting the accident scene personally. We document conditions, identify safety violations, and gather physical evidence before it disappears. Construction sites change rapidly – what was unsafe yesterday might be fixed tomorrow, erasing crucial evidence.

Expert witnesses often make or break construction accident cases. We’ve built relationships with respected construction safety experts, medical professionals, economists, and life-care planners who can explain complex concepts to judges and juries.

For particularly complex accidents, we may employ accident reconstruction specialists. Using scientific methods and engineering principles, these experts can recreate exactly how your accident occurred – turning confusing scenarios into clear demonstrations of negligence.

Perhaps most importantly, we calculate your damages comprehensively. This isn’t just about tallying up current medical bills. We work with medical experts to project future care needs, economists to calculate lifetime earning losses, and life-care planners to determine long-term support requirements.

For cases involving construction contract disputes or specialized industry standards, our Construction Lawyer services provide additional expertise specific to the construction industry.

When to Contact a Smithfield Construction Accident Lawyer

Timing matters tremendously in construction accident cases. The sooner you reach out, the better we can protect your interests.

After receiving initial medical treatment, make legal consultation your next priority. Evidence disappears quickly on active construction sites, and witnesses’ memories fade fast. Early involvement means we can document conditions before they change.

Before speaking with insurance adjusters is another critical moment to call us. Insurance representatives may seem friendly, but their job is to minimize payouts. They’re trained to obtain statements that can damage your claim.

Process, Deadlines, Compensation & Insurance Pitfalls

When you’re injured on a construction site, understanding the legal roadmap ahead can feel overwhelming. Let me walk you through what to expect – from critical deadlines to the compensation you deserve.

In North Carolina, time is truly of the essence. You have three years from your injury date to file a personal injury lawsuit – miss this statute of limitations, and you’ll likely forfeit your right to compensation entirely. For workers’ compensation, the clock ticks even faster: you must notify your employer in writing within 30 days of your accident and file a Form 18 with the North Carolina Industrial Commission within two years.

Your journey toward justice typically follows these steps: We begin with a thorough investigation, gathering every piece of evidence that tells your story. Next, we file appropriate claims – which might include both workers’ compensation and third-party lawsuits. During the findy phase, we exchange information with opposing parties. Most cases then move to mediation, where we negotiate for fair compensation. If we can’t reach a reasonable settlement, we’re fully prepared to take your case to trial.

What’s your claim actually worth? Construction accident victims may recover:

Medical expenses covering all necessary treatment – including future care needs that many victims don’t initially consider. Lost wages compensate you not just for missed paychecks but for reduced earning capacity if you can’t return to your former occupation. Pain and suffering acknowledges the physical and emotional toll of your injuries. For permanent disability, additional compensation recognizes life-altering impairments.

Be warned: insurance companies aren’t your friends. They employ tactics designed to minimize your payout. They’ll request recorded statements that can later be twisted against you. They may rush a lowball settlement offer before you understand your injury’s full impact. They might dispute your injury’s severity or even conduct surveillance, hoping to catch you on camera doing something that contradicts your claim.

Want to see where your case might eventually be heard? Visit Google Map showing Johnston County Courthouse.

Cost to Hire & Fee Structures

At Daughtry, Woodard, Lawrence & Starling, we understand that after a construction accident, medical bills pile up while paychecks stop. That’s why we’ve structured our fees to remove financial barriers to justice.

We work on a contingency basis – which means you pay nothing upfront to get your case started. Our attorney fees come as a percentage of your recovery, so if we don’t win, you don’t pay. Even your initial consultation is completely free – we’ll evaluate your case with no cost or obligation.

What about expenses like expert witness fees, court filing costs, and investigation expenses? We typically advance these costs for you, recovering them only if and when your case succeeds. This approach means your financial situation never prevents you from pursuing the compensation you rightfully deserve.

Want to learn more about our dedicated legal team? Visit our Attorneys in Johnston County, NC page.

What to Expect in Your Case Timeline

Construction accident cases don’t resolve overnight, but understanding the timeline helps manage expectations.

During the first 1-3 months, we conduct our investigation phase – gathering evidence, consulting experts, and identifying all potentially liable parties. The next 2-4 months typically involve filing and response – formally submitting claims and waiting for defendants to respond.

The longest phase is usually findy, lasting 6-12 months, where we exchange information, conduct depositions, and obtain all relevant records. Negotiation happens throughout this process – we’re always looking for opportunities to secure fair compensation without unnecessary delays.

Frequently Asked Questions & Final Thoughts

Construction accidents raise many questions, and I’ve found these are the ones my clients ask most often. Let’s address them together.

What if my workers’ comp claim is denied?

Don’t panic if you see that denial letter. It happens more often than you might think, and it doesn’t mean the end of your case.

You have clear options to fight back. First, you’ll need to file a Form 33 with the North Carolina Industrial Commission, which formally requests a hearing. Think of this as your chance to have your case truly heard and reconsidered.

While preparing for your hearing, we’ll gather stronger medical documentation and expert opinions to support your claim. Many denials happen because of insufficient medical evidence connecting your injury to your work – something we can help correct.

The success rate of appeals jumps significantly with professional legal representation. The appeals process can take you through several levels, from a hearing with a Deputy Commissioner all the way up to the North Carolina Court of Appeals if necessary.

Can I pursue both workers’ comp and a lawsuit?

Yes, you absolutely can – and in many construction accidents, you should. This dual approach often maximizes your recovery.

Here’s how it works: Workers’ compensation provides immediate benefits regardless of who caused your accident. It covers medical care and partial wage replacement, but it doesn’t compensate for pain and suffering.

At the same time, we can pursue third-party lawsuits against other responsible parties – like equipment manufacturers, subcontractors, or property owners. These claims can recover compensation for everything workers’ comp doesn’t cover.

There is one complication: if you win a third-party case, the workers’ comp insurance carrier may have a “subrogation interest” – essentially a right to be reimbursed for benefits they paid you. As your smithfield construction accident lawyer, I’ll carefully steer this complexity to maximize what stays in your pocket.

How long do I have to sue after a construction accident?

Time limits are strict in North Carolina, and missing them can permanently eliminate your right to compensation. Mark these deadlines on your calendar:

Three years from your injury date to file a personal injury lawsuit. Two years from the date of death for wrongful death claims. You have just 30 days to notify your employer about your injury, and two years to file your Form 18 workers’ compensation claim with the Industrial Commission.

What if a loved one died in a construction accident?

First, please accept my deepest condolences. These tragic situations are devastating for families, and the legal aspects can feel overwhelming while you’re grieving.

Surviving family members can pursue a wrongful death claim that provides compensation for funeral expenses, medical costs before death, the income your loved one would have provided, and the immeasurable loss of care, companionship and guidance. The claim can also address any pain and suffering your loved one experienced before passing.

In North Carolina, these claims must typically be filed by the personal representative of your loved one’s estate within two years of the date of death. Our team at Daughtry, Woodard, Lawrence & Starling can guide you through this difficult process with compassion and care, handling the legal burdens while you focus on your family.

Conclusion – Ready to Build Your Case?

When the dust settles after a construction accident, you’re often left facing a mountain of challenges – medical bills piling up, paychecks stopping, and a future suddenly filled with uncertainty. It’s a tough spot to be in, and one that no one should have to steer alone.

Construction accidents change lives in an instant. One moment you’re doing your job, and the next, you’re wondering how you’ll provide for your family while you heal. The good news? You don’t have to figure this out by yourself.

At Daughtry, Woodard, Lawrence & Starling, we’ve been walking alongside injured construction workers in Smithfield, Clinton, and throughout Johnston County for generations. Our team of smithfield construction accident lawyers brings both hometown understanding and sophisticated legal expertise to your corner.

What makes our approach different? We focus on the whole picture:

We dig deep to maximize your total compensation by exploring every possible avenue – from workers’ comp to third-party claims against equipment manufacturers or negligent contractors.

While you focus on healing, we shoulder the legal burden completely – handling paperwork, deadlines, insurance companies, and court appearances.

Our team provides compassionate, responsive service because we understand you’re going through one of the most challenging times in your life. You’ll never be just another case number here.

With our bilingual support staff, we ensure that language barriers never stand between you and justice.

And perhaps most importantly, we take cases on a contingency basis – meaning you don’t pay us a dime unless we win for you. Your financial worries shouldn’t be compounded by attorney fees.

Time is truly of the essence after a construction accident. Evidence disappears, witnesses’ memories fade, and important legal deadlines approach quickly. The sooner you reach out, the stronger we can build your case.

For a friendly, no-pressure conversation about your options, contact our team today. We’ll listen to your story, answer your questions, and help you understand exactly what paths to compensation are available to you. Visit our Personal Injury page to learn more and schedule your free consultation.

Remember this simple truth: The construction company has a team of lawyers working to protect their interests from the moment your accident happens. Shouldn’t you have equally dedicated legal talent fighting for yours?

Let us help you build a solid foundation for recovery – both physical and financial – after your construction accident.

Frequently Asked Questions