Indiana Construction Accident Lawyer
Construction workers in Indiana face numerous risks on job sites, including falls, equipment malfunctions, and exposure to hazardous substances. Moreover, Indiana construction accidents can cause severe injuries like broken bones, traumatic brain injuries, spinal cord injuries, burns, amputations and increase financial burdens on workers’ families.
Victims of construction site accidents can seek financial compensation from negligent parties, such as employers, contractors, or equipment manufacturers. Indiana construction accident attorneys play a crucial role in this process by helping injured workers file a legal claim or lawsuit to recover compensation.
If you have suffered serious injuries at a construction site, seek the legal assistance of Indiana construction accident attorneys. Contact our law firm to schedule a free case evaluation.
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Contact our Indiana construction accident lawyers to schedule a free consultation. All confidential or sensitive information shared with your Indiana construction accident lawyer remains private through an attorney-client relationship.
Statistics on Construction Accidents in Indiana
Reports from the National Safety Council and the Bureau of Labor Statistics indicate that the construction industry may face nearly 75,000 nonfatal worker injuries and illnesses annually.
In 2021, the United States construction industry experienced the most fatal work injuries and the third-highest injury rate. That same year, 20 construction trades workers died in Indians, marking the state’s third-highest fatality count since 2011.
According to the Indiana Census of Fatal Occupational Injuries (CFOI), in 2020, the construction industry had the highest number of workplace fatalities, totaling 31 deaths. This marked a 47.62% increase from the 21 deaths recorded in 2019.
The leading causes of construction accident fatalities were falls, slips, and trips (9 deaths), transportation incidents (8 deaths), and exposure to harmful substances or environments (8 deaths).
Within the construction industry, specialty trade contractors were the most affected, accounting for 64.52% of all construction-related fatalities with 20 deaths.
The construction and extraction sub-industry reported the highest number of fatalities, with 24 deaths. Among those affected, white non-Hispanic men faced the highest risk, with 21 deaths out of 30. Wage and salary employees made up for the highest number of fatalities (19 deaths).
Most workplace deaths in the construction industry occurred while workers were involved in constructing, repairing, or cleaning tasks (19 deaths). The primary source of these fatalities was motorized highway vehicles, responsible for 8 deaths.
What Types of Indiana Construction Accident Cases Our Lawyers Handle?
The Injury Lawyer Team represents clients in a wide range of Indianapolis construction accident cases, helping injured workers pursue justice and fair compensation. They handle cases involving various types of construction site accidents, such as:
- Falls: Injuries from falling off scaffolding, ladders, or other heights.
- Equipment Accidents: Incidents involving defective or improperly maintained machinery.
- Trench Collapses: Construction workers buried in trench collapse due to inadequate safety measures.
- Electrocutions: Electrical injuries from exposed wires or faulty installations.
- Struck-By Accidents: A construction worker being hit by moving vehicles or falling objects.
- Explosions: Accidents involving blasts from gases, chemicals, or combustible materials.
- Repetitive Stress Injuries: Long-term injuries from repetitive movements or heavy lifting.
- Exposure to Hazardous Substances: Illnesses or lung cancer from contact with toxic materials such as asbestos.
These construction accident attorneys handle your case from start to finish, including evidence gathering, negotiating with insurance companies, and providing strong representation in court. They aim to help you recover maximum compensation for medical bills, lost wages, pain and suffering, and other damages related to the accident.
The United States faces an estimated $5 billion in yearly costs from construction fatalities due to medical expenses, income loss, reduced quality of life for families, and decreased productivity.
Indiana Construction Accident Laws
The state of Indiana has designed some specific rules to protect the rights of injured construction workers. Here are the important laws construction accident victims must understand before taking any legal action:
Statute of Limitations for Filing a Construction Accident Claim in Indiana
When pursuing compensation for an Indiana construction accident, it’s essential to consider the statute of limitations. Typically, you have two years to file a construction accident lawsuit against the at-fault party. Missing this Indiana statute of limitations may result in losing your right to seek compensation.
However, there may be exceptions to the standard timeline. These exceptions can extend or shorten the time you have to file a construction accident case. For instance, if the liable party is a government entity, you may have only months instead of years to file your lawsuit.
To recover your compensation, consult an Indiana construction accident lawyer who can ensure your personal injury claim is filed on time.
Modified Comparative Fault System in Indiana
Indiana follows a modified comparative fault system, which can impact your compensation if you share any blame for the accident. For instance, if you’re found to be 25% at fault for the construction site accident, and your total damages amount to $100,000, your compensation would be reduced by 25%, leaving you with a recovery of $75,000. Consulting an Indiana construction accident attorney can help you navigate these complexities.
Workers’ Compensation Claim in Indiana Construction Accidents
In Indiana, construction workers usually cannot sue their employer for workplace injuries due to the state’s no-fault workers’ compensation system. This workers’ compensation system provides benefits like medical bills and wage replacement regardless of who caused the accident. However, employees can only sue employers if their conduct was intentional and went beyond negligence, such as criminal behavior.
Liberty Manual reveals workers’ compensation claims for nonfatal falls costs around $2.5 billion every year.
Filing a Third-Party Claim
A third-party claim can be pursued when someone other than the employer is responsible for the construction site accident. For example, if a contractor, equipment manufacturer, or property owner’s negligence caused the accident, the injured construction worker can file a third-party claim for additional compensation. This personal injury claim can cover damages not included in a workers’ compensation claim, such as pain and suffering or lost earning capacity.
Consulting experienced construction accident lawyers can help injured workers navigate both types of claims and maximize their compensation.
Establishing Fault in an Indiana Construction Accident Case
To prevail in an Indiana construction accident lawsuit, you must establish that the at-fault party was negligent. In doing so, your experienced construction accident attorney needs to prove four key elements:
- Duty of Care: The defendant must have owed you a duty of care.
- Breach of Duty: The defendant must have breached this duty. For instance, if the site manager failed to provide necessary safety equipment, that’s a breach.
- Causation: You must prove that the breach caused your construction accident injuries. For example, slipping on a hazardous surface because the site manager didn’t address the issue.
- Damages: You need to show evidence of actual harm or damages. This could be medical bills, lost wages, or pain and suffering resulting from the construction site accident.
These elements must be proven with strong evidence, gathered by a skilled construction accident lawyer who can help you determine fault and hold those responsible accountable.
What Damages Can You Claim After a Construction Accident in Indiana?
After a construction site accident, it’s essential to understand the damages you can claim in your case. The specifics of your situation will determine the applicable damages, but an experienced Indiana construction accident lawyer can help calculate and claim the damages you deserve.
Here are the three main categories of damages you can seek in Indiana construction accidents:
Economic Damages
These cover financial losses resulting from the accident, and they are usually straightforward to calculate. An experienced construction accident attorney can help you identify these, which may include:
- Lost income and diminished earning capacity
- Costs of rehabilitation and therapy
- Property damage
- Medical expenses and future medical care
Non-Economic Damages
These are personal losses without clear monetary value. Your construction accident lawyer can help assess:
- Pain and suffering
- Permanent disability
- Loss of consortium or companionship
- Emotional distress and mental anguish
- Decreased quality of life
Punitive Damages
A jury will award punitive damages in rare construction accident cases. Punitive damages are awarded in severe cases where the responsible party acted negligently or maliciously. They punish the at-fault party and discourage future wrongdoing.
Whether you are looking to file a wrongful death or personal injury lawsuit, contact our Indiana construction accident attorneys and let them guide you through the process.
Hire an Indiana Construction Accident Attorney to Resolve Your Case
Experienced construction accident attorneys at our law firm assist injured workers throughout the claims process, including gathering evidence, negotiating with insurance companies, and representing clients in court if necessary.
Attorneys at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, advocate for the rights of injured construction worker, striving to recover compensation for their construction accident injuries and hold responsible parties accountable.
Contact us today at (888) 424-5757 to schedule a free consultation. Our construction accident lawyers accept all cases on a contingency fee agreement. This ensures you pay no legal fees until your Indianapolis construction accident lawyer resolves your case through a negotiated settlement or jury award.