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Indiana Construction Site Injury – What Are My Options?

May 30, 2022 | Workers' Compensation

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Construction is a dangerous industry to work in. Not only are you statistically more likely to face an injury as a construction worker, but you also likely don’t have employer-provided workers’ compensation coverage because you work as a contractor.

Without traditional workers’ compensation benefits to ensure your medical bills are paid and you have income for your household bills, where can you turn?

Despite the inherent danger in working in construction, project managers, property owners, and equipment manufacturers all have a responsibility to do all they can to keep you safe. If your injury is a result of negligent actions, you might have a personal injury lawsuit to pursue damages from the negligent party.

Third-party Negligence in Construction Site Injury Cases

Construction site injury cases are often complex because so many people come and go from a construction site in a day. From plumbers to electricians to the general contractor or carpenter, the site is always in flux.

For that reason, finding out who failed in their duty to keep the site safe is far more challenging than it is in other types of personal injury cases.

Construction site injuries are most often caused by the following hazards:

  • Building collapses
  • Crane accidents
  • Defective tools
  • Electrocution
  • Elevator/material lift accidents
  • Exposure to toxic chemicals
  • Falling debris
  • Fires or explosions
  • Forklift accidents
  • Improper site inspection
  • Inhaling dangerous products
  • Ladder accidents
  • OSHA violations
  • Poor site design
  • Safety code violations
  • Scaffolding accidents
  • Slips, trips, and falls
  • Trench collapses

Investigating who misused a tool or left an area of the construction site in a dangerous state is challenging because most contractors won’t willingly admit to the wrongdoing. That’s why you need an expert construction site injury attorney on your case to help you navigate these challenges.

Ways to Pay for Construction Site Accidents

Construction site accident injuries often fall into one of three legal options for pursuing financial restitution in the case.

  1. Workers’ compensation: while this isn’t the most common way to pay for construction site injuries, workers’ compensation insurance might apply. Contractors choose to purchase insurance on their own. In rare circumstances, construction companies hire their workers as employees instead of independent contractors. In these cases, your employer does not have to do anything wrong for you to seek compensation. However, workers’ compensation does not leave room to pursue pain and suffering compensation as a personal injury case does.
  2. Personal injury lawsuit: if you can prove that someone other than your employer was responsible for your construction accident, you might have a personal injury lawsuit. There are many factors in proving these cases though, including demonstrating that the at-fault party had a duty of care toward you that they failed to uphold.
  3. Product liability lawsuit: injuries that are the result of defective construction equipment might qualify you for a product liability lawsuit. You’ll need to prove that you were using the equipment correctly and in a non-dangerous manner. You’ll also need to show that the equipment was properly serviced and maintained.

Construction site injury cases are often complex. Additionally, at times, more than one party is at fault for your injuries adding to the complexity. The injury victim can face enormous expenses, including the cost of medical treatment, lost wages, reduced capacity to work long-term, pain and suffering, and decreased quality of life.

Stewart & Stewart is a team of experienced construction site injury attorneys who can help you investigate what happened on the job site that led to your injuries. Getting started is simple and just requires an initial, free consultation. Contact us now to learn more.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

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