Indianapolis Construction Accident Lawyer

There are many dangerous industries for workers in Indiana, but one that consistently faces serious accidents leading to injury or death is construction. In 2022, there were 24 fatal work-related injuries in Indiana [1]. Construction accidents can be life-altering for construction workers and other injured parties.

When you are involved in a construction accident that leaves you hurt, call an Indianapolis construction injury lawyer from Rosenfeld Injury Lawyers to get help with your claim. Our law firm will ensure you have the best chance to recover compensation for any damages suffered. 

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are dedicated to ensuring our clients receive the maximum compensation for construction accident injuries. Our skilled legal team has a proven history of securing substantial settlements and verdicts in these cases. 

We meticulously investigate each incident to guarantee that all medical expenses, lost wages, and pain and suffering are comprehensively addressed. With our in-depth knowledge of the complexities of construction accident claims, we fight relentlessly to uphold your rights and prioritize your financial recovery. 

Types of Cases Our Indianapolis Construction Accident Lawyers Handle

Construction workers face dangers from multiple sources on a construction site. You need an experienced construction accident attorney who has seen it all to handle your case, and our law firm is equipped to guide you through the claims process. Here are a few potential construction site dangers our lawyers have seen in the past with injured workers:

• Falling object
• Scaffolding or building collapse
• Construction equipment malfunction
• Machinery accident
• Chemical spill
• Fire
• Electrocution
• Fall injury
• Traffic collision
• Crane accident

Most Common Injuries Sustained by Construction Workers

Although construction accidents may occur for different reasons, we often see some of the same injuries again and again. Whether you have experienced a construction site fall or a heavy equipment malfunction, your Indianapolis construction site accident attorneys will assess the damages to determine what level of financial compensation you deserve. 

Common injuries on construction sites include:

• Spinal cord injuries
• Head injuries
• Neck injuries
• Crush injuries
• Broken bones
• Lacerations
• Amputations
• Burns
• Overexertion
• Eye injuries
• Infections
• Fatal injuries that result in death

Common Causes of Construction Accidents

Numerous circumstances can cause the serious injuries mentioned above on a construction site. Failure to wear personal protective equipment could put you at risk of falling objects or chemical exposure, and unsecured floor openings can lead to dangerous falls. 

If employers or workers fail to follow IOSHA (Indiana Occupational Safety and Health Administration) standards for a safe workplace, anyone could be at risk of being hurt. Malfunctioning equipment or improper use of machinery can also harm workers. 

Legal Avenues to Pursue After Construction Accidents in Indianapolis

Construction workers who have been injured on the job must know their legal options to obtain compensation and secure their financial future. Indianapolis construction accident lawyers can help you decide which path makes the most sense. 

Workers’ Compensation Benefits

Workers’ compensation is a type of insurance employers are required to have if they have enough employees. It is designed to provide compensation for those who have been hurt or become sick while working. 

Workers’ compensation benefits can cover around two-thirds of an employee’s wages. The workers’ compensation system will also pay for medical care and even some disability benefits. Workers’ compensation benefits do not take fault into account.

Third-Party Claim

If you want to file a personal injury lawsuit against someone who isn’t your employer for a construction accident, then this would be called a third-party liability claim. Fault does play a role in a third-party claim, and you will need to prove negligence under Indiana state law to win compensation. 

This type of personal injury claim can include both economic and non-economic compensation. Liable parties in this claim could be independent contractors, coworkers, or even property owners. 

Wrongful Death Claim

In the most tragic construction accidents, workers may die from their injuries. In these cases, a surviving family member, such as a spouse, child, or parent, can file a wrongful death lawsuit against the at-fault party. 

These claims include economic and non-economic damages and usually have a higher payout because of the emotional and financial impact of the worker’s death on the rest of the family.

Damages an Indianapolis Construction Site Accident Lawyer Can Help You Recover

Recovering damages is the purpose of a construction accident case. However, the damages you may qualify for will differ depending on the type of claim you are pursuing. For example, workers’ compensation will only cover economic damages, while personal injury cases and wrongful death suits can have both economic and non-economic damages. There is also a third category of damages known as punitive. 

• Economic damages – Medical expenses, lost wages, property damage, loss of financial support, funeral expenses, and future medical costs
• Non-economic damages – Emotional suffering, physical pain, loss of companionship, loss of enjoyment of life, disfigurement, and PTSD
• Punitive damages – Awarded in rare cases where the defendant behaved with particularly malicious intent

The Value of Your Construction Site Accident Case

The value of work-related accidents on construction sites is dependent on a number of factors. The best way to get an idea of the value is by contacting Indianapolis construction site accident lawyers from our law firm. 

Factors affecting the compensation you can win include income level, injury severity, the availability of medical benefits, the amount of evidence provided, the policies of the defendant’s insurance company, the timeline of the case, and the type of claim you are pursuing. 

How Our Indianapolis Construction Accident Attorneys Can Help

Construction workers face many obstacles when they seek compensation after experiencing construction injuries or illnesses. You will come up against the responsible parties, their insurance companies, employers, and even lawyers. To level the playing field, you need accident attorneys of your own. 

An Indiana construction site accident lawyer from our law firm can investigate your case, assess damages, collect evidence, negotiate with insurance, and represent you in court if needed, giving you the best chance of earning fair compensation after a construction site accident.

Determining Liability After Construction Site Accidents

Establishing liability is a key component of a personal injury case. You must be able to prove negligence was involved in your accident and that you suffered legal damages as a result. Several parties could be responsible for your personal injury.

Employer

Construction companies are often at fault when their workers get hurt on a construction site. For example, if they are not enforcing workplace standards laid out by IOSHA, and a worker is hurt because of this negligence, then the employer would be responsible for the injuries suffered as a result. 

Construction accidents where the employer is at fault are all too common in the construction industry, so get in touch with Indianapolis construction injury lawyers to hold them accountable. 

General, Prime, and Sub-Contractors

Different contractors are responsible for different parts of a construction site. If you get hurt because the entity in charge of that part of the project behaved negligently, then you can hold them responsible in a personal injury claim. 

If a specific general contractor does not provide ample lighting for safe working conditions in a specific part of the site, and a worker falls through an opening as a result, that contractor would be liable. Holding these parties accountable can make future construction projects safer for workers. 

Third Parties

If a third party that is not your employer causes your construction accident injuries, then you could file a personal injury suit against them. It might make more sense to pursue a personal injury case against this party rather than a workers’ compensation claim because you can receive a larger settlement. Potential third parties include:

• Coworkers
• Product or equipment manufacturer
• Delivery personnel
• Passersby
• Drivers
• Property owners
• Independent contractors

What If You’re At Fault?

The state of Indiana is a modified comparative fault state. If you are 50% or less responsible for the accident that caused your serious injuries, then you can legally seek compensation for damages. 

However, the higher this percentage, the less you are likely to receive in the settlement. If you are found to be more than 50% responsible for the accident, then you will not be able to claim damages.

The Statute of Limitations for Your Construction Accident Case in Indianapolis

In Indiana, there is a statute of limitations that impacts how long you can wait to file a claim. For personal injury, you have two years from the date of the incident to file. Workplace safety complaints to IOSHA must be filed within 30 days. For workers’ compensation insurance claims, you should file within two years of the incident that caused your personal injury. If you wait to file your claim until these time limits are up, your case will likely be dismissed with few exceptions. 

Contact an Indianapolis Construction Site Accident Attorney Today!

At Rosenfeld Injury Lawyers, we are dedicated to ensuring our clients receive the maximum compensation for construction accident injuries. We work on a contingency fee basis, meaning you owe us nothing if we cannot help you win your case. We will fight relentlessly to uphold your rights, by providing empathetic and transparent support, ensuring you feel informed and confident every step of the way.

Contact Rosenfeld Injury Lawyers today by calling 888-424-5757 or fill out our online form to receive a free consultation about your case. 

Resources: [1] Indiana DOL