Hurt on a Road Construction Job in Asheville, NC?
Find out about your rights and how a workers’ compensation attorney can fight for you.
Asheville Workers’ Compensation Lawyers for Road and Highway Construction Workers: Dedicated. Experienced. Determined.
Road and highway construction is one of the most demanding and essential jobs in Western North Carolina. From the massive I-26 Connector project to repairs on I-40 through the Pigeon River Gorge and maintenance along the Blue Ridge Parkway, your work keeps Asheville and our entire region moving. It can also be incredibly dangerous work.
When an on-the-job injury occurs, the North Carolina workers’ compensation system is designed to provide a safety net for most workers. However, getting the benefits you might be owed can be a difficult process. An Asheville workers’ compensation lawyer for road and highway construction workers can help you seek everything you might be owed.
At the Law Offices of James Scott Farrin, we fight for injured people. We understand the physical and financial pressures you face after a workplace accident. Our goal is to handle the legal details so you can focus on your health and recovery.
Key Takeaways About Workers’ Comp for Road and Highway Construction Workers in Asheville, NC
- Road and highway construction workers in Asheville face significant on-the-job risks, including those related to heavy machinery, traffic, and hazardous materials.
- The North Carolina Workers’ Compensation Act generally provides a no-fault system for benefits, meaning negligence does not need to be proven.
- Possible workers’ compensation benefits include payment for medical treatment, wage replacement for time missed from work, and compensation for permanent injuries.
- Insurance companies might delay, dispute, or deny valid claims, creating significant challenges for injured workers.
- Hiring an experienced workers’ compensation attorney can help protect a worker’s rights and levels the playing field against insurance carriers.
- There are strict deadlines for reporting an injury and filing a claim, and missing them can jeopardize a worker’s ability to receive any benefits.
Why Choose the Law Offices of James Scott Farrin for Your Asheville Workers’ Compensation Claim?
When you’re injured and out of work, choosing a law firm is a major decision. You want an Asheville workers’ compensation with a strong track record and the extensive resources to stand up to powerful insurance companies. At the Law Offices of James Scott Farrin, we have been fighting for injured people in North Carolina since 1997, and we are proud of the results we have achieved for our clients.1
We have recovered over $2 billion in gross for over 78,000 clients since our firm began.Âą Our firm includes attorneys who are North Carolina State Bar Board Certified Specialists in Workers’ Compensation Law — NC State Bar Board certification is an indication that the lawyer has intentionally focused his or her legal practice to improve the proficiency and quality of the lawyer’s legal services and to stay current in the specialty field. We know how the other side works because our team includes several former insurance adjusters and defense firm attorneys.
Our approach is built on a simple principle: putting you first.
- A Formidable Team:We dedicate the necessary assets to build a compelling case for you.
- A Strong Track Record:We recovered over $230 million in gross for over 4,500 clients in 2025 alone.Âą We don’t quit when things get tough.
- No Fee Unless We Win:We work on a contingency fee basis, which means we don’t get a fee unless we obtain compensation for you.²
- Communication You Can Count On:We return calls, answer questions, and keep you updated every step of the way.
We believe our combination of experience, knowledge, and dedication to our clients makes a real difference.
The Dangers of Road and Highway Construction in Western North Carolina
Working on roadsides in and around Asheville presents unique challenges. The mountainous terrain, unpredictable weather, and heavy tourist traffic on roads like I-40 and U.S. Route 74 create a hazardous environment. Even with strict safety protocols, accidents can and do happen.
Common causes of injuries for road and highway construction workers include:
- Transportation Incidents: This is a leading cause of injury and death, involving workers being struck by passing vehicles or by construction vehicles and heavy equipment on the job site.
- Contact With Objects and Equipment: Injuries often result from being struck by falling objects, caught in machinery like pavers or rollers, or incidents involving power tools.
- Falls, Slips, and Trips: Uneven surfaces, open excavations, and work on bridges or overpasses create significant fall hazards.
- Specific Traumatic Events: Workplace accidents can sometimes result in significant back and neck injuries.
- Exposure to Harmful Substances: Workers might be exposed to asphalt fumes, silica dust from cutting concrete, or other hazardous materials that can cause long-term respiratory illness.
These incidents can lead to a wide range of injuries, from broken bones and burns to catastrophic injuries like traumatic brain injuries, spinal cord damage, and amputations.
Understanding Your Rights Under the North Carolina Workers’ Compensation Act
If you get hurt while performing your job duties, you might be covered by the North Carolina Workers’ Compensation Act. This set of laws, which can be found in Chapter 97 of the North Carolina General Statutes, creates a system to provide benefits to most injured workers. It is generally a “no-fault” system.
This means you typically do not have to prove that your employer was negligent or did something wrong to cause your injury. In turn, your employer and their insurance carrier are protected from most personal injury lawsuits.
If your claim is approved, you might be eligible to recover several types of benefits:
- Medical Compensation:This can cover     necessary medical treatment related to your work injury, including doctor visits, hospital stays, surgery, physical therapy, and prescription medications.
- Wage Replacement Benefits:If your injury causes you to miss more than seven consecutive days of work, you might receive temporary disability benefits, which are typically two-thirds of your average weekly wage.
- Permanent Partial Disability (PPD) Benefits:If your injury results in the permanent loss of use of a body part (like a hand, arm, or eye), you could receive benefits based on a schedule set by state law, even if you can return to work.
Navigating this system and trying to get all the benefits you might be owed can be a major challenge while you are also trying to heal from a serious injury.
Common Challenges Road Construction Workers Face with Workers’ Comp Claims
While the workers’ compensation system is supposed to be straightforward, insurance companies can create road blocks that prevent eligible injured workers from receiving fair benefits. Generally, the goal of for-profit insurance companies is to pay out as little as possible on claims.
Common tactics and challenges some insurers may use include:
- Denying the Claim:The insurer might claim your injury was not work-related, that it was a pre-existing condition, or that you failed to report it in time.
- Delaying Payments:Slow processing of paperwork or late benefit checks can put enormous financial strain on you and your family when you are unable to earn a paycheck.
- Disputing Medical Treatment:They might refuse to approve a surgery, therapy, or medication recommended by your doctor, arguing that it is not necessary.
- Pressuring a Return to Work:Some insurance carriers or employers might pressure you to return to your job before your doctor says you are medically ready, potentially risking re-injury.
- Offering a Lowball Settlement:If a lump-sum settlement is discussed, the initial offer is often far less than the full potential value of the claim.
These are the types of issues where having an experienced advocate on your side can be critically important for protecting your rights.
How an Asheville Workers’ Compensation Attorney Can Help Your Case
When you hire an attorney from the Law Offices of James Scott Farrin, we take on the burden of dealing with the insurance company so you don’t have to. We fight to get you as much as possible, as quickly as possible. Our proprietary software and streamlined processes allow us to push cases forward while you focus on what matters most — your health.
Here is a look at what we can do for our clients:
- Guide and Communicate:We can advise you on your rights and what workers’ compensation benefits you might be owed. We listen to your questions, tell you the truth, and can devise a plan to try to protect your job.
- Protect Your Rights:We can fight back against any pressure to return to work too soon. We can also strategize with you on seeking a second medical opinion from a different doctor, if necessary.
- Level the Playing Field:We communicate and negotiate with the employer’s insurance carrier. We fight for fast approval of needed medical treatments and vigorously counter lowball settlement offers.
- Build and Manage Your Case:Our team gathers and examines all your medical records and other evidence. We move your case forward while trying to avoid common pitfalls that could harm your claim. If needed, we can depose doctors and other witnesses.
- Dispute a Denial:If your claim is denied, we can represent you in front of a neutral mediator. If that doesn’t resolve the issue, we are prepared to argue your case at a formal hearing before the North Carolina Industrial Commission, the state agency in charge of workers’ compensation.
We dedicate necessary assets to fight for maximum compensation for our clients, from full lost wage replacement to payment for medical treatment and the highest possible lump-sum settlements if appropriate.
What to Do After a Road Construction Injury in Asheville
The actions you take after a workplace injury can have a significant impact on your health and your potential workers’ compensation claim. Once you have received any emergency medical care, it is important to take these actions to help protect your rights:
- Report Your Injury in Writing. You must notify your employer of your injury within 30 days, but you should do it as soon as possible. Notify your supervisor, manager, or HR department in writing (an email or text message works) to create a record of the notification.
- File a Claim with the Industrial Commission. In addition to notifying your employer, you must file a Form 18, Notice of Accident, with the North Carolina Industrial Commission. This form officially starts your claim. There is generally a two-year deadline for this filing, but waiting can damage your case.
- Get Authorized Medical Treatment. Your employer or their insurance carrier has the right to direct your medical care. You must see the doctor they choose. If you are unhappy with that doctor, an attorney can help you petition the Industrial Commission to change physicians.
- Follow All Medical Advice. It is crucial to attend all appointments, take all prescribed medications, and follow any work restrictions your doctor gives you. Failing to do so can give the insurance company a reason to stop your benefits.
Throughout this process, be very careful what you say to the insurance adjuster and what you post on social media, as this may give them a reason to deny or reduce your claim.
North Carolina Board Certified Specialists in Workers’ Compensation Law
When you are looking for an attorney to handle your case, you might see the term “Board Certified Specialist.”
- Be in good standing with the NC State Bar
- Devote a substantial portion of their practice to workers’ compensation law
- Attend continuing legal education seminars in the specialty field
- Receive positive evaluations from other lawyers and judges
- Pass a rigorous written examination in workers’ compensation law
The Law Offices of James Scott Farrin is proud to have attorneys on our team who have earned this distinction. NC State Bar Board certification is an indication that the lawyer has intentionally focused his or her legal practice to improve the proficiency and quality of the lawyer’s legal services and to stay current in the specialty field. You can learn more about the program at the NC State Bar’s legal specialization website.
Asheville Workers’ Compensation Lawyers for Road and Highway Construction Workers FAQs
Here are answers to some questions we frequently hear from injured construction workers in the Asheville area.
What happens if my employer does not have workers’ compensation insurance?
North Carolina law requires most employers with three or more employees to carry workers’ compensation insurance. If your employer fails to do so, they can face significant penalties by the State and the NC Industrial Commission, but those funds would not go to you. You might still be able to seek your workers’ comp benefits from a state fund or by filing a workers’ compensation claim against your employer with the NC Industrial Commission.
Can my boss fire me for filing a workers' compensation claim in North Carolina?
No. It is illegal for an employer to fire or otherwise retaliate against an employee for filing a workers’ compensation claim. This is called a retaliatory discharge. If you believe you were fired for this reason, you might have grounds for a separate lawsuit against your employer.
What is a "lump sum settlement" in a workers' comp case?
A potential lump sum settlement is a single payment that resolves your entire workers’ compensation claim as defined, or memorialized, in a compromise settlement agreement (sometimes referred to as a clincher agreement). In exchange for the payment, you give up your right to any future benefits for that injury. Deciding whether to accept a potential settlement is a major decision that should be discussed with an attorney to weigh the pros and cons for your specific situation.
Do I have to go to the doctor that my employer’s insurance company chooses?
Yes, initially, you must see the medical provider chosen by your employer or their insurer. However, if you are not satisfied with the care you are receiving, you have the right to petition the North Carolina Industrial Commission for a change of physician or for a second opinion from a doctor of your choice. An attorney can guide you through this process.
What if my injury was caused by someone who wasn’t my co-worker?
This is a great question. If your injury on a construction site was caused by the negligence of a third party — for example, a civilian driver who crashes into your work zone or a subcontractor from another company — you might have two cases. You could have a workers’ compensation claim against your employer and a separate personal injury lawsuit against the at-fault third party.
Need Help? Contact the Law Offices of James Scott Farrin Today
After a serious injury or illness due to a road construction job, you might be facing pain, uncertainty, and mounting bills. You do not have to deal with the insurance company on your own. The Asheville workers’ compensation lawyers at the Law Offices of James Scott Farrin are here to fight for you and help you seek the maximum compensation you might be owed. We operate on a contingency fee basis, which means there are no fees unless we get a result for you. Guaranteed.²
We have built our firm on a You-First Policy, prioritizing clear communication and compassionate guidance. We take the time to listen to your story, answer your questions, and keep you informed about your case every step of the way. We also have Spanish-speaking staff available to assist you. Let our formidable team put their experience and extensive resources to work for you.
If you, or a loved one, have been injured at work, contact the Law Offices of James Scott Farrin today for a free case evaluation. Call us at 1-866-900-7078, visit our Asheville office, or contact us online.
Tell them you mean business.



