Indianapolis Construction Accident Lawyers

Construction workers regularly perform physically demanding jobs that can be pretty dangerous. Construction sites are full of tools, equipment, and machinery that could easily cause an accident if misused or malfunctioning. Even when everyone on a construction site exercises caution, accidents can happen, and workers can be injured.

After a construction accident, you can file a lawsuit against those responsible to get financial compensation for any losses you incurred. While workers' compensation covers most workplace injuries, independent contractors are excluded and may sue. Such a lawsuit could be against anyone you believe is responsible for your accident. Your client or various third parties may all be named as defendants. The compensation you may claim depends on the extent of your injuries and how they occurred.

After a construction accident, you may be out of work with no way to pay for things like medical bills. Those responsible for your accident should be held accountable. Our Indianapolis construction accident lawyers can help you get your damages covered. The team at Wruck Paupore can help you get back on your feet. Call us at (219) 322-1166 to schedule a free legal case review.

Legal Options After a Construction Accident in Indianapolis

Accidents can be complicated, and you might have several legal options to choose from. Indiana's workers' compensation system usually covers employees for any injuries suffered on the job and restricts lawsuits against employers. However, workers' comp only applies to those who fit the legal definition of an "employee." Independent contractors – who are commonly hired to work on construction projects – are excluded according to Indiana Code § 22-3-6-1(b)(7). As such, construction workers may be free to file a personal injury lawsuit against the people that hired them or others.

In short, construction workers are typically not "employees," and the people who hire them are clients rather than employers. Construction workers are often independent contractors who are excluded from workers' comp benefits, and someone who hires an independent contractor is not shielded from liability in a lawsuit.

Potential defendants may include your client and any third parties. While many construction site accidents are caused by negligence, intentional actions may also be a possibility. You should talk to an attorney to figure out what kind of case you have. Our Indianapolis construction accident lawyers can meet with you and have an in-depth discussion about your options and possible compensation.

Common Ways Construction Accidents Occur in Indianapolis

How your construction accident happened will play a big role in how your lawsuit is decided. Our Indianapolis construction accident attorneys can go over your case with you and determine the best strategy for your lawsuit.

Accidents Caused by Clients

While most employees are barred from suing their employer, independent contractors are not restricted. Since independent contractors are excluded from Indiana's workers' comp system, they are permitted to sue the clients who hire them for damages. You could also sue an employer if they failed to carry the required workers’ compensation insurance.

Your hiring client on a construction site has a great deal of responsibility. Issues of workplace safety, training, and inspecting equipment often fall on the shoulders of the employer. Common causes of construction accidents stem from unsafe work conditions. For example, flimsy scaffolding, faulty wiring, or workspaces cluttered with construction debris can easily cause serious accidents. Employers are most often the ones in charge of rectifying these conditions before they become problems.

Employers are also responsible for providing their workers with safe tools and equipment that have been inspected and work properly. Failing to provide safe equipment or train employees to use the equipment safely could also lead to liability. Talk to our Indianapolis construction accident lawyers about suing your employer for your accident.

Accidents Caused by Other Workers

Construction jobs are often very large, and teams of people are hired to do the work. When one worker is negligent, other workers could be injured. Employees covered by workers' comp are barred from suing their employer and any coworkers for work-related accidents. Even outside the workers’ compensation system, the “fellow-servant rule” typically bars employees from suing employers for accidents caused entirely by another worker’s negligence. Coworkers and employers cannot usually be named as co-defendants. However, as an independent contractor, you may be able to sue coworkers or other contractors personally.

General worker incompetence often leads to accidents and injuries. When workers take on a job they are not prepared for, they can cause accidents that hurt their coworkers, and you can hold them liable in court.

On the other hand, disgruntled coworkers can lash out and intentionally cause injuries, leading to an intentional tort. These are very serious cases because your coworkers could also be held criminally responsible. Our Indianapolis construction accident lawyers can help you hold your coworkers responsible for causing you harm.

Accidents Caused by Third Parties

Third parties are sometimes not even present at the construction site when the accident happens. One common third party is a manufacturer or seller of defective goods. Construction workers rely on various tools to do their jobs. When these tools malfunction, accidents can happen, and people can get hurt. In some cases, tools malfunction because they were manufactured or designed improperly. In such cases, liability might fall on a manufacturer or even a retailer that sold the tools.

Other times, a third party might be a trespasser on a construction site. A trespasser could be someone trying to take a shortcut through the job site or someone who doesn't even know they are on a construction site. Trespassers are especially dangerous because they do not know what is and is not safe on a construction site. Our Indianapolis construction accident attorneys can help you determine who should be held liable for your injuries.

What Kind of Evidence Do I Need in a Construction Accident Case in Indianapolis?

The more evidence you can gather, the better. You need any evidence that is related to the accident and demonstrates that the defendant is liable. Evidence may be physical evidence from the scene of the accident, such as tools or other equipment. If an accident happens because of unsafe equipment, that equipment must be collected and examined.

Other evidence may include eyewitness testimony from other people on the construction site who saw the accident. Witness testimony could also be about the history of workplace safety violations on the construction site.

The scene of an accident on a construction site is often cleaned up rather quickly, and any problems are rectified to prevent further injury. It is important to photograph the accident scene to preserve it as evidence. Our Indianapolis construction accident attorneys can help you use the evidence in your case to your advantage.

Call Our Indianapolis Construction Accident Attorneys

If you were injured in a construction accident, you deserve compensation for your injuries. Speak to our Indianapolis construction accident lawyers about your case and what steps to take next. The team at Wruck Paupore is ready to meet with you in a free legal case review. Call us at (219) 322-1166.