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Workers in nearly any field can suffer injuries on the job. From construction workers to office personnel and delivery drivers, anyone can be the victim of a harmful workplace accident. Thankfully, victims can seek payment for their injuries.
Your ability to file a workplace injury lawsuit will depend on the source of your accident. If you were hurt because of negligent actions committed by your employer or coworker, you may be unable to hold them accountable in tort and may need to rely on the Worker’s Compensation system. However, if you were hurt due to a third party’s negligence, you may sue them for the damages you incurred due to careless actions.
After being hurt at work in West Lafayette, IN, seek help from our experienced workplace injury lawyers at Wruck Paupore by calling (219) 322-1166.
The time window for filing workplace injury lawsuits in Indiana is governed by I.C. § 34-11-2-4(1). Usually, you will have two years from when your accident occurred to file your lawsuit with the court. If you do not file your lawsuit in accordance with this deadline, you may miss out on your opportunity to recover monetary damages.
Even though you may have two years to file, you should pursue your case as soon as possible. In order to recover compensation for your injuries, you must present evidence that proves they were sustained as the result of the defendant’s negligence. As time passes, pertinent evidence can become hard to gather or preserve. For instance, eyewitnesses may forget certain details surrounding your accident, and important documents or video footage may become lost. The sooner you get in touch with our workplace injury attorneys, the more easily our team can collect the information needed to win your case.
In order to file a workplace injury lawsuit, the accident at issue must have resulted from a third party’s negligence; you cannot usually sue your employer directly. For instance, property owners have a duty to perform maintenance and upkeep on their premises. If you slip and fall at work because of a dangerous hazard on someone else’s property, you may have grounds to file a workplace injury case. Examples of dangerous hazards that lead to slip and fall accidents include slippery floors, loose rugs, dim lighting, ice accumulation, and broken handrails.
Furthermore, some workplace accidents happen because of defective products. Products can be defectively designed, manufactured, or marketed. When a defective product accident occurs, the victim may be able to sue the product’s seller or manufacturer. For example, a construction worker may be injured because a crane was equipped with a defective hoist. In that case, the injured worker could pursue a claim against the hoist’s manufacturer for the damages they sustained.
Motor vehicle accidents are also a type of workplace accident that you may be able to sue for. For example, a delivery driver may suffer a crash on his route because another motorist ran a red light. In that case, the injured delivery driver may be able to seek monetary damages from the at-fault motorist.
As a final example, you may be able to file a workplace injury lawsuit if you were injured because of poorly maintained equipment. If a service company or maintenance company failed to properly maintain the equipment you use, then they may be held liable for injuries that result from that equipment’s failure.
Multiple types of monetary damages may be pursued in workplace injury lawsuits. The following are all potential damages that may be sought in your case:
First, you may recover financial compensation for any medical bills you incur because of your workplace injury. This includes the cost of all past, current, and future treatment you need. These damages can easily be calculated using your medical records and bills.
You should not wait for injuries to heal on their own. Rather, you should seek medical care as soon as possible after suffering a harmful accident at work. Failure to obtain official documentation for your injuries can significantly complicate the settlement process.
Many injured workers must spend time away from their jobs during recovery. Accordingly, you may also pursue monetary damages for the lost wages you sustain because of your workplace injury. When calculating these damages, courts will usually look at your average weekly income.
Further, some workers will be permanently unable to perform certain duties because of their injuries. Thankfully, plaintiffs in workplace injury lawsuits can also obtain payment for their lost earning capacity in the future.
Many workplace injuries can cause severe amounts of physical pain. For example, burns, electrocution injuries, broken bones, and soft tissue injuries can all be especially excruciating. If your workplace injury caused a great deal of physical pain, then you may seek financial compensation for the agony you endured.
In addition to causing great amounts of physical pain, many workplace injuries produce substantial emotional suffering. For instance, someone who sustains a spinal cord injury may be unable to partake in meaningful relations with their spouse. Furthermore, a worker who suffers a traumatic brain injury may be unable to enjoy their favorite hobbies or activities after their accident. In these cases, plaintiffs could obtain monetary damages for the emotional anguish caused by their injuries.
Furthermore, you may obtain compensation for a wide range of out-of-pocket losses you incur because of your workplace injury. As an example, you may need to pay for help with transportation or child care while your injury heals. In that case, the party who caused your injury would be liable for those expenses.
These damages are usually established through financial documents like receipts. Therefore, you should keep the receipts for any expenses you incur because of your workplace injury.
Finally, victims may acquire compensation for the property damage they incur. If your personal property was damaged because of your workplace accident, then you may obtain payment for its repair or replacement.
Get support from our experienced workplace injury attorneys at Wruck Paupore by dialing (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
Contact Us:
Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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