Working in the construction industry carries risks. However, if you were in a construction accident, you may have options to seek compensation for your medical costs, lost wages, and more.
After being involved in a construction accident, you may want to work with an Indianapolis construction accident lawyer from our team. Our personal injury attorneys can assist in guiding you through the claims process and ensuring that your rights are protected throughout.
Damages That May Be Available in Your Construction Accident Case
In cases where a construction accident was caused by the negligence of a third party, other than the worker’s employer, the injured worker has the right to file a claim or lawsuit for compensation for the injuries sustained in that accident.
Damages injured workers may be entitled to seek through a third-party claim include:
- Medical expenses: including hospitalizations, emergency care, surgery, physical therapy, visits to a doctor, and more
- Lost wages: reflecting the income that you lost due to missed days at work
- Reduced earning capacity: if your future ability to earn will be affected by your injury
- Pain and suffering
- Wrongful death damages: if you lost a loved one in an accident
- Other losses
Compensation recovered in third-party claims is additional to workers’ compensation benefits. We can tell you what forms of damages may apply in your case.
How Sevenish Law Firm, P.C. Can Help
At Sevenish Law Firm, P.C., we are not like some law firms that claim to be jacks of all trades. We only serve victims of injury, which means we understand personal injury law and how to seek the best possible results for you.
If you work with us, we will:
- Gather strong evidence to build a compelling case
- Determine what forms of compensation you qualify to seek
- Handle all communications with insurance companies for you
- Negotiate for the best possible settlement
- Take your case to court, if need be
- Help you meet the statute of limitations deadline (per IC §34-11-2-4)
Can I Afford a Lawyer after a Construction Accident?
You don’t have to worry about the cost of paying for a lawyer. We work based on contingency fees, which means that:
- You pay us nothing upfront in order to get started on a case.
- We only take payment from your final settlement or award.
- We don’t get paid unless you do.
We don’t want to add legal fees on top of your current financial losses. You can get started today with no retainers or hourly fees involved.
Workers’ Rights Following a Construction Accident
Workers in the construction industry have certain rights under the Occupational Safety and Health Administration’s (OSHA) regulations, including the right to work on a job site that is reasonably free of hazardous conditions. When accidents occur, regardless of fault, injured workers have the right to file a claim for workers’ compensation benefits. These benefits will cover all medical expenses associated with the injury and a portion of the worker’s lost wages.
In tragic cases when workers are killed on the job, their families are usually entitled to workers’ compensation death benefits.
However, you may be in a situation where workers’ comp benefits aren’t enough to meet your financial needs after a construction accident. If it is possible to file a third-party claim to seek additional forms of compensation, we will work to do so in your case.
Who Is Responsible for Construction Accident Injuries?
Most injured workers in Indiana are eligible for workers’ compensation benefits. However, depending on the circumstances, several different parties other than the worker’s employer could be potentially liable for worker injuries in a third-party claim or lawsuit.
If you have been hurt in a construction accident in Indiana, consult with a construction accident attorney’s office. At Sevenish Law Firm, P.C., our Indianapolis construction accident lawyers will carefully investigate your accident to determine who may be held accountable for your injuries.
Responsible parties may include:
- Manufacturers of defective equipment
- Contractors or subcontractors other than the injured worker’s employer
- Property owners in certain cases, such as slip and fall accidents, when the property is not owned by the injured worker’s employer
- Outside drivers who cause crashes or pedestrian accidents
Steps to Take after You Are Injured on a Construction Site
We can help you handle many aspects of your claim or lawsuit. However, there are several things that you should consider doing after being injured on a construction site. Consider the following:
- Seek medical care. By documenting your injuries, you will get the treatment you need and supply important evidence for your case.
- Make a report of your injury. To seek workers’ compensation benefits, you have a limited time to report an injury and file a claim.
- Follow through on recommended treatments. Be sure to attend all recommended appointments, as an insurer can argue that you made your injuries worse by neglecting your care.
- Think twice about any early settlement offers. An early settlement offer could be a low one. We can help you understand what your case may be worth.
- Get a case review with our team. Your initial consultation is free. We can help you think through your legal options.
Types of Construction Accidents
OSHA’s “Fatal Four” types of accidents caused 58% of the fatalities among construction workers in 2013. OSHA estimates that eliminating these four leading types of accidents would save the lives of 468 workers a year. Fatal Four accidents in 2013 break down as follows:
Beyond the Fatal Four, construction trade workers suffer many other types of accidents, including:
- Trench and excavation cave-ins
- Crane accidents
- Heavy equipment accidents
- Power tool accidents
- Fires and explosions
- Toxic chemical and hazardous substance exposure
- Welding mishaps
Causes of Construction Accidents
OSHA protects construction workers through a number of safety standards and regulations issued specifically for the construction industry. These regulations make employers responsible for accident prevention, including regular and frequent inspections of job sites, materials, and equipment.
When employers fail to comply with these regulations, hazardous conditions can develop on job sites, resulting in accidents, injuries, and fatalities for workers. Some common factors contributing to construction accidents that an Indianapolis construction accident lawyer can assist with include the following:
- Defective or poorly maintained tools, machinery, and equipment can malfunction and cause injury to workers.
- Untrained or improperly trained workers are allowed to operate equipment and machinery, often leading to injuries to other workers as well as themselves.
- Proper guardrails and safety gear are not provided to protect workers on scaffolding and other heights from falls.
- Trench walls are not sloped or shored properly to prevent cave-ins, and workers are crushed and buried under tons of dirt.
- Employers fail to provide respiratory protection against worker exposure to toxic chemicals and hazardous substances.
- Guards are not provided on machinery and equipment with moving parts to prevent workers or their body parts from being trapped in the machinery and crushed, amputated, or otherwise injured.
- Cranes are not properly insulated or prevented from contact with power lines, leading to the electrocution of workers.
Construction Accident Statistics
In the U.S., 1,061 construction workers died from on-the-job injuries in 2019, according to statistics from OSHA. OSHA reports that construction accident injuries accounted for about 20% of the work-related fatalities in private industry in 2019. In other words, one out of every five workers who died was in construction.
In that same year, 21 of those fatalities occurred in Indiana, according to the Indiana Department of Labor.
If you were injured on a construction site or you lost a loved one to their injuries, know that you are not alone in your case—and you may be able to seek justice and compensation.
Our Indianapolis Construction Accident Lawyers Can Help
When you work with us at Sevenish Law Firm, P.C., our Indianapolis construction accident lawyers are dedicated to protecting your rights and aggressively pursuing the maximum benefits and compensation you are entitled to receive. Since 1985, we have helped thousands of accident victims and their families throughout Indiana.
Contact our firm for a free and confidential case consultation. You can speak with someone from our team any time, day or night.