Employees working in warehouses and on construction sites may face daily hazards to their safety and wellbeing, from dangerous equipment to toxic chemicals and other materials. When a worker is hit by a falling object, they should speak immediately with a Greenville hit by falling objects lawyer who could help them determine what legal action is possible.
If you or your family member has been injured by a falling object while at work, a warehouse injury attorney could carefully review your case and help you pursue all available avenues to achieve the compensation you may be owed.
Common Types of Falling Object Cases
Greenville construction areas and warehouses have numerous circumstances in which an object could drop from a very significant height, causing severe injury to anyone in its path. The most common types of hazardous falling objects include:
- Falling materials (tiles, boards, bolts, wire spools, and paint)
- Falling tools and machinery (chisels, hammers, tool buckets, large power tools)
Financial Compensation for Injuries Caused by Falling Objects
A Greenville lawyer could help a worker hit and injured by a falling object pursue worker’s compensation benefits for the losses they have suffered. Most employers are required to carry worker’s compensation insurance by law. Entities exempt from this requirement include companies employing fewer than four workers, agricultural businesses, and railroad companies.
Worker’s compensation could pay for a range of expenses, including the individual’s medical costs, some of their lost wages, and vocational rehabilitation (if a worker is disabled and unable to return to work). Compensation to replace the worker’s wages depends on the scale of the disability suffered, but is assessed at 66 2/23 percent of the individual’s average weekly income. Wage benefits cannot exceed the state cap, which is 100 percent of the state’s average wage per week.
Sometimes, a falling object claim may involve the negligence of a third-party (a subcontractor, manufacturer of defective equipment, or general contractor). Third-party lawsuits could lead to payment of financial damages of lost income exceeding the individual’s worker’s compensation benefits, medical bills, pain, suffering, loss of consortium, and other monetary losses.
Time Limits to Collect Compensation
Under South Carolina Code of Laws §42-15-20(B), individuals who are injured on the job have just 90 days from the date of the accident notify their employer of the injury. However, S.C. Code Ann. §42-15-40 provides up to two years from the injury date to file a claim seeking worker’s compensation benefits with the state.
In cases where a third-party lawsuit may be possible, the injured individual must file their claim with the state’s civil courts no later than three years out from the date of the accident. Failure to meet any of the aforementioned statutory deadlines could prevent the injured worker from receiving compensation. A hit by falling objects attorney in Greenville could explain which deadlines would apply to the worker’s case and ensure compliance with all applicable time limits.
Talk to a Greenville Hit by Falling Objects Attorney
If you have been severely hurt by a falling object in the course of conducting your job duties, please get in touch with a Greenville hit by falling objects lawyer to discuss what benefits and financial recovery you may be entitled to. If you are currently receiving worker’s compensation benefits, an attorney could help you ensure that you achieve the maximum benefits due to you under the law.
Schedule your case consultation by calling a Greenville lawyer today.