North Carolina Workers' Compensation Benefits Case May Impact State Construction Industry

November 2, 2009, by Michael A. DeMayo

On December 3rd, 2008, a construction worker named Hussein Montalovo died when a girder collapsed after temporary supports (“strongbacks”) broke while he was in a vulnerable position. Montalovo’s family has reportedly collected some North Carolina workers’ compensation benefits from the state’s Industrial Commission, but the family seeks more damages from potentially culpable parties, including two engineering firms, the bridge’s contractor, and even the State’s Department of Transportation.

Suing for negligence is very different from filing for North Carolina workers’ compensation. To prove negligence, you must meet a higher burden of proof. At the same time, if you win a negligence case against an employer, contractor, insurance company, or other entity, you can potentially collect more money to pay medical bills, afford therapies, and mitigate (to some extent) pain suffered.

To more forward with a North Carolina workers’ compensation or personal injury claim, it may help to work directly with an experienced attorney. Given the legal complexities – as well as the sheer number of entities that can be involved in disputes such as the case of Montalovo – it’s easy for claimants to experience confusion and make statements that could make it more difficult to prosecute a claim or law suit.

More Web Resources:

Family of construction worker killed in Oak Island bridge collapse suing DOT,, Oct 23, 2009

Family of construction worker killed in Oak Island bridge collapse suing DOT, Morning Star, Oct 24, 2009


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