Goldsboro Construction Accident Lawyer

You Just Got Hurt on a Construction Site in Goldsboro. Here Is What Happens Next.

You cannot work right now, but the bills are still coming. You are worried the insurance company is going to offer you a fraction of what you need to recover from your Goldsboro construction accident.

But, that doesn’t have to be the end of your story. 

Our construction accident lawyers can build two claims at once for workers hurt in Goldsboro and across North Carolina. When the facts support it, we pursue a workers’ compensation claim and a separate claim against whoever else caused the injury. We have represented injured North Carolina workers for decades, and we do not get paid unless you do.

Tell us what happened on the site before you talk to any insurance adjuster.

The Kinds of Goldsboro Construction Site Injuries We Take On

Wayne County construction sites often involve scaffolding, heavy equipment, open trenches, and several different crews working in the same space at the same time. When any part of that breaks down, workers get hurt. Our Goldsboro construction accident lawyers handle claims involving:

• Falls from scaffolding, ladders, roofs, or unprotected floor and roof openings
• Injuries from cranes, forklifts, nail guns, and other powered equipment
• Trench collapses and excavation accidents
• Electrocutions and injuries from unmarked or improperly locked-out utility lines
• Being struck by falling tools, materials, or debris
• Injuries caused by a subcontractor’s crew, not your own employer
• Traumatic brain injuries, spinal cord injuries, burns, and amputations from equipment failures

Some of these claims stay entirely inside the workers’ compensation system. Others open the door to a third party claim against a company that was not your employer, like the general contractor who controlled the site or the manufacturer of a piece of equipment that failed. When several crews from different companies share the same job site, responsibility for a single accident is rarely as simple as the first injury report makes it look.

What a Job Site Injury May Cost You If You Handle It Alone

Workers’ compensation pays your medical bills and part of your wages while you recover. It will not pay you anything for the pain, the disruption to your family, or the parts of your life the injury changed. And it only pays out if the claim is protected correctly from day one.

Under N.C. Gen. Stat. § 97-22, you must give written notice of the accident within 30 days, or you can lose the right to any compensation at all. Miss that window because you were in the hospital, your employer told you not to worry about the paperwork, or you simply did not know the rule existed, and the insurance carrier will use it against you later.

North Carolina also follows a strict contributory negligence rule outside the workers’ compensation system. If you were even slightly at fault for a third party claim, you can be barred from recovering anything at all, no matter how badly the other party’s negligence hurt you. There are narrow circumstances, such as when the other party had the last clear chance to prevent the harm or acted with gross or willful negligence. 

Is it fair that one confused moment on a chaotic job site could wipe out your entire case? No. But it is the law, and it is exactly why these claims need to be built correctly the first time, not fixed after the insurance company has already gotten a statement from you.

Employers and their insurance carriers also know that an injured worker under financial pressure is more likely to accept a low settlement or return to work before they are ready. Do not let that pressure decide your case for you.

How your medical treatment gets documented matters just as much as how the accident itself gets reported. A gap in treatment, a vague description in a medical record, or a rushed return to work note can give an insurance adjuster a reason to argue your injury was not as serious as you say it is, even when you are still in real pain.

How We Build the Workers’ Comp Claim and the Third Party Claim Together

Some Goldsboro workers never learn they had two possible claims until it is too late to fully pursue the second one. Our attorneys handle workers’ compensation and third party injury claims across North Carolina, and we run both tracks from the start instead of treating the third party claim as an afterthought. If you hire us, you can expect us to:

• File your workers’ compensation notice and claim correctly and on time, so a paperwork mistake never costs you your benefits.
• Identify every party on the site who was not your employer, including general contractors, subcontractors, property owners, and equipment manufacturers.
• Pull OSHA reports, site safety records, inspection logs, and equipment maintenance history before they disappear or get overwritten.
• Document exactly how the injury affects your ability to work, both now and over the long term.
• Negotiate both claims at the same time so one does not stall while the other moves forward 
• Prepare every case as if it is going to trial.
• Handle every phone call and letter from the insurance company, so you are not the one being asked to describe or explain your injury to the party trying to minimize it.

This is not a handoff to a call center once you sign paperwork. A member of our team stays on your case from the first phone call through the final settlement or verdict, and we explain what is happening at each stage instead of leaving you to guess.

Filing a Construction Accident Claim in Wayne County

Wayne County is home to more than 120,000 residents and one of the busier construction markets in Eastern North Carolina, with growth connected in part to ongoing work near Seymour Johnson Air Force Base. More job sites and more subcontractors moving through the area also mean more opportunities for someone to cut corners on safety.

Third party civil claims arising from a Goldsboro job site accident are typically filed at the Wayne County Courthouse, part of the Eighth Judicial District alongside Lenoir and Greene Counties. Workers’ compensation claims go through the North Carolina Industrial Commission, a state agency that handles every county the same way, whether the injury happened in Goldsboro, Rocky Mount, or Raleigh.

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Construction Accident Claim Questions From Goldsboro Workers

What should I do right after a construction accident in Goldsboro?

Get medical treatment first, then report the accident to your employer in writing as soon as you can. Do not wait, since North Carolina gives you only 30 days to report before you risk losing workers’ compensation benefits.

Can I file a workers’ comp claim and a lawsuit at the same time?

Yes. If someone other than your employer, like a subcontractor or equipment manufacturer, contributed to your injury, you can pursue a workers’ compensation claim and a separate third party claim at the same time.

What if I was partly responsible for the accident?

Workers’ compensation is generally no fault, so partial responsibility usually will not stop that claim. A third party claim is different, since North Carolina’s contributory negligence rule can bar recovery entirely if you were found even slightly at fault, which is why the facts need to be documented carefully from the start.

My employer says the accident was not their fault. Do I still have a claim?

Workers’ compensation does not require your employer to be at fault. If a general contractor, subcontractor, or another company on site caused or contributed to the accident, that also opens the door to a separate claim against them.

How long do I have to file a claim after a Goldsboro construction accident?

You generally have 30 days to give written notice for workers’ compensation and three years to file a third party personal injury lawsuit under N.C.Gen.Stat. § 1-52. 

What if the accident happened on a site with multiple contractors?

Multi-contractor sites are common in construction, and they may mean more than one company shares some responsibility. We investigate every company on site, not just your direct employer, to find every available source of compensation.

Can I still get workers’ comp if I was working for a subcontractor instead of the general contractor?

Usually yes. Your workers’ compensation claim generally runs through whichever company employed you directly, but the general contractor and other subcontractors on site can still be liable parties in a separate third party claim if their negligence contributed to your injury.

Will hiring a lawyer cost me anything upfront?

No. Construction accident cases are handled on a contingency basis, so there is no upfront cost, and we only get paid if we recover money for you.

How much will my workers’ comp check be?

Workers’ compensation generally pays a portion of your average weekly wage, not your full paycheck, and the calculation can get complicated if your hours or pay varied before the accident. We review your pay records to make sure the calculation the insurance company uses is accurate.

Talk to a Goldsboro Construction Accident Lawyer About Your Case

You do not have to sort out workers’ compensation rules and third party liability on your own while you are trying to recover. Contact O’Malley Tunstall PC, today for a free case evaluation, and let us tell you what both parts of your claim could look like.