Indiana Construction Accident Lawyer

Construction site workers put their health on the line every day when they entrust their safety to their employer, site manager, or third parties that are responsible for protecting them from harm. When these entities fail to meet their legal duties, an injured worker may be able to file a lawsuit to recover damages.

You may be able to prove liability for your injuries in many common instances of construction site accidents, such as slip and falls, exposure to harmful toxins, or machinery malfunctions. Determining who is liable is where your recovery efforts may become difficult, as there are many parties involved on an Indiana construction site. When available, a lawsuit against a third-party allows you to recover additional damages which are not available from your employer in a Workers’ Compensation claim and can be pursued in addition to these benefits.

If you need help determining who was at fault or evaluating how to proceed with your case, waste no time in reaching out to the seasoned Indiana construction accident lawyers at Wruck Paupore. Get started today with a free initial assessment by calling our offices directly at (219) 322-1166.

Determining Fault for an Indiana Construction Accident Injury Lawsuit

In order to effectively bring and win a lawsuit for a construction injury in Indiana, you will have to identify who was at fault for causing the accident that injured you. With the number of parties involved in a typical construction site, this may prove difficult in many cases.

The first party that you and your Indiana construction accident lawyer should consider is the construction site operator. That manager or operator is responsible for surveying the site for potential dangers, training workers on safe practices on the site, and implementing safety protocols that should be effective in case of a foreseeable accident. However, Workers’ Compensation laws might limit you from being able to sue an employer or manager, so speak with an Indiana construction accident lawyer for help identifying parties you can file a lawsuit against, when applicable.

When a third-party or independent contractor who is not your employer is fully or partially at fault you have a right to seek damages including for your pain, suffering, and loss of enjoyment of life in addition to your economic losses. For instance, if an electrician leaves open wiring in close proximity to workers, that electrician could be at fault for causing electrocution. In these cases, you should generally look to name the electrician or their employer in the suit, potentially in addition to the construction site operators.

Additionally, if your accident involved some malfunction of a tool, machine, or safety gear, you may be able to sue the manufacturer of the defective product. Proving that a product was defective and that the defect was the cause of your injuries may be difficult, so most plaintiffs in these situations will use expert testimony to explain how the product was supposed to function. Our Indiana construction accident attorneys can help you identify the responsible parties and compile the evidence necessary to win your case and recover what is owed to you under the law.

Common Types of Construction Accidents in Indiana

Every construction site in Indiana presents several dangers because of the sheer number of moving parts, heavy machinery, and dangerous elements involved. To that end, management companies, forepersons, and third-party contractors are responsible for making the area as safe as possible for workers and passersby. Below are some of the more common misfortunes that may occur when those responsible parties fail to live up to their duties.

Falling Objects

Strikes to the head by falling tools or materials are the second-leading cause of death on construction sites across the country. When using cranes or scaffolding on a site, management companies must implement procedures for securing all objects that could become dangerous if they were to fall onto people working or passing by below.

Slip and Falls

Slippery and unstable ground is a common feature on many Indiana construction sites. If a property owner does not take special precautions to warn people on site of unstable ground or slippery flooring, they will often be liable for injuries suffered by any person who falls on the construction site grounds. Again, Workers’ Compensation rules limit your ability to sue an employer, so speak with an Indiana construction accident lawyer about how to proceed with your case and against whom to file.

Toxic Exposure

Some construction sites on old buildings that were built according to prior code may feature harmful chemicals, toxins, or other substances, such as asbestos. Construction site managers and property owners may have duties to inspect the site for such toxins, warn the workers of their presence, and enact safety protocols that will limit exposure that might otherwise cause disease or other harmful conditions.

Defective Machinery Accidents

Wherever heavy machinery is involved, danger follows. Management companies are responsible for training their employees to use the machinery properly and safely. If an accident occurs because of a defective machine, injury victims may be able to target the manufacturing company in a lawsuit rather than the site management company. Talk to your Indiana construction accident lawyer about who you should name in your lawsuit before filing.

How to File a Lawsuit for a Construction Accident Injury in Indiana

If you were injured on a construction site because of someone else’s negligence, you might have the opportunity to file a personal injury lawsuit against the negligent party. If you are injured in an accident without fault, you may be limited to Workers’ Compensation benefits from your employer. However, when available civil tort damages against a third-party can give you another avenue of relief, and often the amount of damages that you can obtain is much larger.

For many individuals who do work on construction sites as independent contractors with no employer, civil remedies are the only route to recovery. This is because independent contractors are not employed by the construction company and might not be included in their Workers’ Compensation insurance. However, if they are included and meet the requirement of “employee,” then this is usually the exclusive remedy against the employer.

As noted, equipment manufacturers, property owners, drivers, and other parties who are not your employer can be sued after an accident without Workers’ Compensation restricting you from filing.

You may also be able to sue if you were not a worker at the construction site that injured you. Site managers owe legal duties not just to their own workers but also to passersby who might foreseeably be injured in a site accident. In these situations, it can be more difficult to identify who is responsible for compensating you on your own, so bring your case to the attention of our Indiana construction and accident injury attorneys as soon as possible.

Wruck Paupore’s Indiana Construction Accident Lawyers Can Help You Today

You can have the opportunity to discuss your case for the first time for free when you call the Indiana construction accident attorneys at Wruck Paupore today at (219) 322-1166.