According to OSHA, even a simple bone fracture may cost over $115,000 in direct and indirect costs, from medical care to income loss [1]. If you or a family member have been in a Fort Wayne construction accident, you deserve proper compensation to deal with the costs of personal injury.
The experienced construction accident lawyers from Rosenfeld Injury Lawyers can help you secure the justice you deserve.
Why Choose Rosenfeld Injury Lawyers
When it comes to handling construction accident cases, we at Rosenfeld Injury Lawyers guarantee you the highest compensation for your injuries. Our experienced legal team specializes in construction accident cases and has a strong record of securing substantial settlements and verdicts for our clients.Â
Fatal fall injuries
Fatal crush injuries
Fatal roof fall
Fatal skylight fall
Electrical burn injuries
Ladder fall injuries
We meticulously investigate each incident, ensuring all medical expenses, lost wages, and pain and suffering are fully addressed. Our Fort Wayne construction accident attorneys are experts in navigating the complexities of such claims, fighting relentlessly to protect your rights and prioritize your financial recovery.
Common Causes of Construction Site Injuries in Fort Wayne
Statistics show some types of issues occur more frequently than others, resulting in more injured workers and fatalities. Most accidents in the construction industry are caused by trips, slips, and falls, with others including scaffolding accidents, falling objects, crane accidents, forklift accidents, machinery accidents, and construction vehicle accidents.
Most injuries to construction workers could have been prevented by following the Occupational Safety and Health Administration (OSHA) guidelines. Unfortunately, these guidelines are not always followed. These are the most cited OSHA standards in 2023 alone [2]:
- Fall Protection General Requirements – 7,271 violations
- Hazard Communication (1910.1200) – 3,213 violations
- Ladders (1926.1053) – 2,978 violations
- Scaffolding (1926.451) – 2,859 violations
- Powered Industrial Trucks (1910.178) – 2,561 violations
- Lockout or Tagout (1910.147) – 2,554 violations
- Respiratory Protection (1910.134) – 2,481 violations
- Fall Protection—Training Requirements (1926.503) – 2,112 violations
- Personal Protective and Lifesaving Equipment—Eye and Face Protection (1926.102) – 2,074 violations
- Machine Guarding (1910.212) – 1,644 violations
Injuries Sustained in Construction Accidents
Construction workers often suffer serious injuries at work, often more than one. Unfortunately, they also suffer fatalities more than workers in other industries. Here are the most common construction accident injuries:
- Traumatic brain injuries
- Broken bones
- Back injuries
- Spinal cord injuries
- Exposure to harmful substances and environments
- Electrocution
- Burns
- Eye injuries
- Sprains, strains, and tears
- Open wounds, cuts, lacerations, punctures
Legal Avenues You Can Pursue After Construction Accidents
With the help of construction accident attorneys, workers and their families can pursue three different legal avenues after an accident: workers’ compensation, third-party, and wrongful death claims. Here is what each entails.
Workers’ Compensation
Most businesses in Indiana are required by law to carry workers’ compensation insurance to protect their employees (working both full-time and part-time) or covered subcontractors. If you are an independent contractor, an undocumented, seasonal, agriculture, or domestic worker, you are probably not covered.
Minors have the same rights as adults. In the eyes of Indiana labor law, a minor worker is a person who has not reached the age of seventeen. Indiana law also has different rules for minors aged 16 to 17 and those aged 14 to 15, particularly concerning prohibited occupations. If the injured minor worked in a prohibited hazardous occupation, the amount of compensation and death benefits will be double the usual amount.
Workers’ compensation in Indiana covers the following expenses:
- Loss of income
- Medical treatment
- Vocational rehabilitation
- Death benefits and funeral expenses
In Indiana, the employer is protected through the doctrine of exclusive remedy. This implies workplace injuries are no-fault incidents, and that the exclusive remedy is pursuing workers’ compensation.
It also implies the worker is eligible for workers’ compensation without having to prove employer negligence. In return, the employee is not allowed to sue the employer. However, the employee is allowed to sue third parties who are not the employer or a co-worker.
Unfortunately, some cases are more complicated than others and your benefits claim may be denied. In that case, feel free to contact a lawyer, as you do have a right to an appeal. Also, in case of intentional action, or if the employer does not have insurance, you may have a personal injury claim.
Third-Party Claims
Third-party claims let workers sue other parties responsible for the accident. They are allowed to file a workers’ compensation claim and a third-party claim at the same time. However, third-party cases are handled in civil court and require the worker or their family to prove negligence.
In a third-party personal injury claim, claimants can be compensated for damages not included in workers’ compensation:
- Loss of enjoyment of life
- Pain and suffering
- Future financial losses
- Emotional distress
- Punitive damage
Third-party cases are different from workers’ compensation as they are a comparative fault system so compensation is determined in proportion to assigned blame. If you or a loved one have been hurt at a job site in Fort Wayne, contact our seasoned Indiana personal injury lawyers to ensure you don’t get assigned more blame than is appropriate.
Wrongful Death
If you have lost a loved one in a construction accident in Fort Wayne, you may have issues filing a wrongful death claim, even if the construction site had OSHA violations. This is because the exclusive remedy doctrine protects the employer even if a construction worker has been killed on the job.
If the employer has insurance, you have the right to a workers’ compensation claim. If not, there are still legal possibilities, such as a personal injury case. Contact our construction accident attorneys and we will help you get the maximum compensation possible.
Liability in Construction Accident Cases
Workers’ compensation laws protect the employer in case of negligence, so in most cases, they cannot be held accountable. However, third parties responsible for accidents in construction sites may include:
- Property owners – Construction site owners may bear liability if they were aware of hazardous circumstances but failed to address them or properly warn the construction workers or visitors.
- General contractors – General contractors can be responsible for construction site safety and management. If their negligence caused a worker to get hurt, they should be held responsible.
- Subcontractors – Subcontractors can be responsible for negligence or improper work within their professional scope.
- Manufacturers and suppliers – Under product liability laws, product manufacturers, designers, suppliers, or even maintenance providers can be liable for construction site accidents.
- Architects or engineers – If their designs are flawed and it leads to injury, they may also be apportioned a part of the blame.
- Safety professionals – Individuals or firms responsible for inspecting and ensuring safety compliance can be liable if they fail to identify hazards or provide inadequate safety recommendations.
- Government entities – In some cases, government entities can be held responsible if their failure to enforce safety standards or inspect construction sites properly led to a construction site accident.
What If You’re at Fault?
Indiana is a modified comparative fault state, which means the legal system considers the fault of all parties involved in an accident, and they will be apportioned a percentage of the blame. It also means Indiana follows the 51% rule, stating that if a party is over 50% responsible for an accident, they cannot recover damages.
However, if you experienced a Fort Wayne construction accident and your employer is insured, you will likely have the right to benefits regardless. However if you’re over 51% responsible for the injury, your right to compensation may be affected. In any case, it’s crucial to request legal help to ensure your rights are protected and you receive maximum compensation.Â
Evidence Needed for a Fort Wayne Construction Accident Case
When construction accidents happen, it’s crucial to collect and preserve evidence in order to build a strong case and identify the responsible party. Gather as much evidence as you can and make sure to preserve it. For example, create backups for all electronic files.
Here is what evidence to focus on:
- Photographic evidence – Take photos of the accident scene from different angles, including any safety violations or faulty equipment. Also, photograph your injuries in different phases of healing.
- Medical documentation – Detailed records of doctors’ visits, medical treatments, and symptoms. Save prescriptions, medical bills, and reports documenting how the injuries affect your daily life.
- Eyewitness reports – Obtain contact information from any witnesses of the accident or contributing safety violations. Ask them to provide a written statement.Â
- Accident reports – Obtain copies of accident reports filed with employers, regulatory agencies, or law enforcement. Review them for accuracy and note any discrepancies.
- Communication records – This includes all written communication with legal representatives, insurers, and managers. Also document any verbal agreements.
- Timeline – While your memory is still fresh, write down how things happened in the order in which they happened.
Damages Our Fort Wayne Construction Accident Lawyers Can Recover
Damage recovery an injured worker can receive depends on the type of claim, whether it’s a workers’ compensation or a third-party claim. Workers’ compensation typically includes lost wages, medical treatment, and disability. Third-party claims can include other types of damages.
Here are the types of damages that can be recovered after construction accidents:
- Economic – These damages include medical care expenses, lost income, and property damage.
- Noneconomic – Noneconomic damages include pain and suffering, loss of enjoyment, and loss of consortium.Â
- Punitive – Punitive damages are only recovered in particularly egregious cases, such as when the liable party intentionally caused damage or in cases of extreme negligence.
Contact an Experienced Fort Wayne Construction Accident Lawyer Today!
Over 15,000 workers work on Allen County’s construction sites, and they all deserve protection from negligence [3]. If that protection fails, our law firm will help them recover maximum compensation. However, as the statute of limitations is only two years, you should contact us as soon as possible. We work on a contingency fee basis, meaning every meeting with us is free and you don’t pay anything unless we win your case.
If you need construction accident attorneys in Indiana, call our law firm toll-free at 888-424-5757 to discuss what happened and what you can do.Â
References: [1] OSHA, [2] BCSP, [3] Stats Indiana