Construction Accident Attorney

Construction workers play an essential role in society, as their work in building and maintaining structures is critical in daily life. Sadly, this important career is also exceptionally dangerous.

Due to the inherent risks in the construction industry, the U.S. Occupational Safety and Health Administration (OSHA) has implemented essential regulations for keeping workers safe from construction accidents. These regulations include key health and safety standards for construction workers and companies. Employers must abide by these standards and provide their employees with safe working conditions.

Despite these critical OSHA regulations and American employment laws, construction site accidents remain common in the United States. Every year, around 150,000 construction accident injuries occur, and, tragically, around 1,000 workers die each year from construction accidents. Further, construction site injuries are especially common in Indiana. Almost 5 out of every 100 construction workers suffer from work-related injuries on a construction site.

Injured construction employees have the right to file workers’ compensation claims. Workers’ comp benefits are meant to reimburse employees who sustain injuries while working. These benefits include money for medical bills as well as 2/3rds of an employee’s lost wages.

Your ability to recover compensation through workers’ comp should be a straightforward process, but this is often not the case. Employers and their insurance companies often try to avoid paying out full benefits to injured workers. After all, your employer’s insurance company is a business, and they’ll avoid paying claims in order to increase their bottom line. For this reason, it’s essential to contact a construction accident lawyer. Your attorney will help you recover the full benefits you deserve for your injuries.

You must have evidence to recover damages in a personal injury lawsuit or claim. This evidence will prove that the defendant, meaning the party you file against, was responsible for your accident and injuries. You also need evidence that you suffered damages as a direct result of the accident, such as medical bills and lost wages. You can count on Crossen Law Firm to identify and collect evidence to support your claim.

Finally, our construction injury lawyers will negotiate with the financially liable insurance company to maximize the amount of compensation you can recover.

You can get started with your workers’ comp claim by contacting the Crossen Law Firm legal team.

You can get a free consultation with a construction accident lawyer by calling 317-401-8626, or schedule your appointment online here.

Damages You Can Claim Following a Construction Accident

The damages you’re entitled to after an accident will depend on whether you file a workers’ compensation or construction accident injury claim. Injured employees can file a workers’ comp claim to recover medical bills and lost wages. Unfortunately, workers’ comp does not include other types of damages, such as pain and suffering.

Additionally, it’s important to know that you usually cannot file a personal injury lawsuit or claim against your employer. Your employer’s workers’ compensation insurance protects them from employee lawsuits.

If you are not an employee, you’ll need to file a claim or lawsuit for financial recovery. You have the right to recoup losses if another party was at fault for your construction site accident. The compensation an injured worker can receive in a claim includes economic damages, non-economic damages, and punitive damages.

Economic damages refer to compensation for specific expenses. This includes any out-of-pocket medical expenses, such as doctor visits, medications, surgeries, physical therapy, and any other medical payments that directly result from your construction accident.

In addition to medical expenses, economic damages compensate injured construction workers for lost wages and loss of earning capacity. Your injuries may prevent you from working temporarily, or you may even suffer from permanent disabilities. These injuries and disabilities could permanently impact your ability to make money and support yourself. For that reason, injured workers can recoup these losses through construction accident claims.

Construction accident injuries on construction sites don’t just take a financial toll on victims — they can also cause tremendous emotional and physical pain and suffering. Those who have experienced a serious accident at a job site may struggle with post-traumatic stress disorder, fear, anxiety, and depression. Additionally, a construction injury may reduce your overall quality of life.

Victims can seek non-economic damages for these losses. While economic damages reimburse an injured construction worker for financial losses, non-economic damages don’t represent a specific monetary amount. Instead, these damages compensate you for intangible losses, like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Further, if you lost a loved one due to a construction site accident, you can file a wrongful death claim against those responsible. These damages can compensate you for funeral and burial costs, loss of a parent, loss of consortium, lost income, and pain and suffering.

In summary, the types of economic and non-economic damages include:

• Past and future medical bills
• Lost wages
• Loss of future earnings
• Permanent disability
• Property damage
• Pain and suffering
• Emotional distress
• Permanent disfigurement
• Loss of enjoyment of life
• Wrongful death damages

Finally, a worker injured at a construction site accident may be able to recover punitive damages, but these damages are incredibly rare. Punitive damages are meant to punish defendants for engaging in behaviors that are criminally reckless or malicious. In these cases, the defendant knew that you could suffer harm as a direct result of their actions or inaction.

For instance, suppose a construction site owner ignores safety risks. The owner is aware that a building under construction is unstable and unsafe for workers, but they choose to ignore the issue. The owner knowingly puts general contractors in harm’s way through this lack of safety measures. If a victim suffers injuries because of the construction site owner’s gross and reckless negligence, they may be able to recover punitive damages.

Proving that someone was grossly negligent or malicious is exceedingly challenging. You need to contact a construction accident lawyer as soon as possible if you believe you deserve punitive damages.

What to Do After a Construction Accident

Your actions immediately following your construction accident on a job site are critical for your claim, but many injured construction workers are unsure what to do after these events. It’s also easy to feel overwhelmed by your injuries after these traumatic incidents, and you may forget to file your claim promptly.

If you have questions about what to do after a workplace accident, don’t hesitate to contact the construction accident lawyers at Crossen Personal Injury Law Firm at 317-401-8626.

Ensure you take the following steps after your construction accident:

Seek Immediate Medical Attention

After a construction site accident, the most important thing to do is receive prompt medical attention. You need to prioritize your health and safety, as you may not know the full extent of your injuries. You could have suffered from internal bleeding, a traumatic brain injury, or another life-threatening condition.

Additionally, even if your injuries are only mild, failing to receive quick medical attention could worsen your wounds. Call 911 and receive emergency medical attention, or see a doctor immediately after leaving the scene.

Not only is receiving prompt medical attention essential for your health — it’s also essential for your workers’ compensation or personal injury claim. You need to show that your injuries occurred while working to recover workers’ compensation benefits. You can prove the injury happened at work by receiving a prompt medical evaluation. This will draw a causal link between your construction accident and your injuries.

If you are not an employee, you’ll need to prove that you suffered injuries because of another party’s negligence. Like with building a workers’ compensation case, you can strengthen your claim with an immediate medical evaluation. Your medical documentation will show that the construction accident resulted in your injuries.

Notify Your Employer If You’re an Employee

If you’re an employee, you should inform your employer about your construction injury as soon as possible. You’ll also likely need to complete an accident report detailing the events and circumstances surrounding the incident.

You should also file your workers’ compensation claim during this time. Some workers’ compensation insurance policies require employees to report their accidents within 30 days.

You should file your workers’ comp claim as soon as possible in case there’s a time limit. If you don’t report your accident before the time limit expires, the insurance company may deny your claim.

Collect Evidence Relating to Your Accident and Injuries

Whether you plan to file a workers’ compensation or personal injury claim, you should collect evidence related to your accident. When it comes to workers’ comp claims, you don’t need to prove that someone was at fault, but you should still collect evidence in case your employer’s insurer denies or undervalues your claim.

The insurance company may say that you suffered injuries from an incident outside of work, or they may argue that your injuries are only mild. Your evidence will corroborate the severity of your injuries and that you sustained them at work.

If you’re a non-employee, you’ll need to collect evidence that proves someone was at fault for your injuries. You’ll need to collect evidence indicating another party was responsible for your construction site accident and that you suffered damages as a direct result.

Common forms of evidence in workers’ comp and personal injury claims include:

• Eyewitness testimony
• Photographic and video evidence
• Medical documentation
• Receipts and invoices showing your financial losses
• Safety inspection reports
• Incident and police reports
• Expert witness testimony

It’s important to collect evidence as soon as you can after your accident. If you delay, you may struggle to recover key evidence, such as eyewitness testimonies and photographic evidence. Witnesses may forget the details of your accident over time, and pertinent elements may be removed from the construction site.

Contact a Construction Accident Lawyer

After collecting evidence, you should get in touch with a construction accident lawyer. Construction accident lawyers help victims understand their legal options. Your lawyer will explain the legal process and support you as you file your claim.

Here at Crossen Law Firm, our construction accident lawyers understand how a workplace injury can completely change your life. These serious injuries may leave you with permanent limitations that affect your finances and well-being. Our dedicated and experienced legal team will fight on your behalf. We’re ready to take on your case to hold your employer and their insurance company financially responsible for your injuries.

Our committed construction accident lawyers can also help you file an injury claim. If you are an independent contractor rather than an employee, you’ll need to file a claim to recoup financial losses. General contractors and other non-employee workers are not entitled to workers’ compensation benefits. Instead, they can recover compensation if someone is at fault for their injuries.

Our construction accident attorneys can help identify all parties who were at fault for your injuries, and we’ll explain your legal rights as an injured worker. Our team will also assist you in filing your claim and building your case.

Don’t Sign Anything or Make Statements

It’s critical to avoid speaking directly to insurance companies without first consulting with a lawyer. After your construction site accident, an insurance company may request for you to make a statement about the details surrounding the incident.

While this may seem innocuous, the insurer actually wants you to make a statement to collect evidence against you. Anything you say on the record can be used to hurt your claim. Insurance companies frequently fight workers’ compensation and personal injury claims, and they’ll do anything in their power to devalue or deny your compensation.

Additionally, you should avoid accepting an initial settlement without first consulting with an attorney. Insurers often contact injured construction workers to offer compensation. While their offer may sound lucrative and enticing, the reality is that your claim could be worth much more.

If you accept this settlement, you won’t be able to pursue additional compensation from the insurance company’s client. Instead, discuss how much your case is worth with a construction accident law firm before accepting a settlement.

Experienced construction accident attorneys are also essential because they can help you collect additional evidence. They’ll also identify all parties who may be financially liable for your damages. Call Crossen Law Firm today at 317-401-8626.

Who Is Liable in a Construction Accident Case?

Liability in construction accident cases differs depending on the circumstances surrounding the incident. Often, construction workers are at fault. Even with OSHA regulations and compliant construction sites, general contractors and construction employees can make mistakes that cause serious accidents.

In addition to workers, construction site owners or property owners can be liable for workplace accidents. An owner violating an OSHA regulation or labor law on a construction site can cause a serious or even fatal construction accident. Their negligence or deliberate wrongdoing can result in a construction worker suffering permanent disabilities or even death.

The party who is liable for your construction site accident hinges on the specific action or inaction that caused the event. For instance, suppose a construction worker fails to follow safety protocols when operating a crane. To save time, the worker doesn’t secure a heavy load properly. This action then results in a devastating accident involving falling objects at the construction site.

In this scenario, the negligent construction worker could be financially liable for the injuries they caused. If the injured construction workers are employees, they could file workers’ compensation claims for medical bills and part of their lost wages. The victims could also file personal injury lawsuits against the negligent worker.

Other parties who may be liable in construction accident cases include:

• Construction companies
• General contractors
• Construction managers
• Property owners
• Developers
• Engineers
• Architects
• Equipment manufacturers

What If I Was Liable for My Accident?

Sometimes, construction workers are partially or wholly liable for their own injuries. If you’re an employee, you have every right to recover workers’ compensation even if you were at fault for your own injuries.

If you’re a non-employee planning to file a personal injury claim, your degree of responsibility will impact the amount you can recover.

Indiana is a modified comparative negligence state. This means that in personal injury cases, your percentage of fault reduces your damages by the same percentage. Suppose you are found 25% responsible for your construction site accident. Your percentage of liability will reduce the damages you can recover by 25%.

Additionally, Indiana’s modified comparative negligence system dictates that injured construction workers and other personal injury sufferers cannot recoup compensation if they’re more than 50% responsible for their own accidents.

Even if you believe you were at fault for your own injuries, you should still contact a personal injury law firm to assess your legal options. There may be a party you overlooked that bears partial or complete responsibility, such as a negligent equipment manufacturer or designer.

Indiana Labor Laws for Construction Workers

As a construction worker in Indiana, it’s important to understand the labor laws that protect your rights and ensure your safety on the job. These laws are designed to create fair working conditions and prevent exploitation.

Key points of Indiana labor law for a construction worker include:

1. Minimum Wage: Indiana follows the federal minimum wage of $7.25 per hour. However, many construction workers earn more due to the skilled nature of their work.
2. Overtime: Construction workers are entitled to overtime pay (1.5 times their regular rate) for hours worked over 40 in a workweek.
3. Breaks: While Indiana doesn’t require employers to provide breaks, many companies offer them for safety reasons. If breaks are given, short breaks (5-20 minutes) must be paid.
4. Safety Regulations: Indiana follows federal OSHA standards to ensure workplace safety. Companies must provide proper safety equipment and training.
5. Workers’ Compensation: If you’re injured on the job, you’re entitled to workers’ compensation benefits, regardless of fault.
6. Right to Organize: Construction workers have the right to join labor unions and engage in collective bargaining.
7. Discrimination Protection: It’s illegal to discriminate against a construction worker based on race, color, religion, sex, national origin, age, or disability.
8. Child Labor: There are strict rules about employing minors in construction. Generally, hazardous construction work is off-limits to those under 18.

Remember, these are just the basics of Indiana labor law as it applies to a construction worker. If you have specific questions or concerns about Indiana labor law, it’s best to consult with a labor law attorney or your union representative.

Understanding your rights under labor law is crucial for every construction worker. It helps ensure you’re treated fairly and can take action if your rights are violated.

Causes of Construction Accidents

It’s common knowledge that construction sites are highly dangerous. For this reason, construction workers must wear reasonable and adequate protection, and they must also follow rigorous safety protocols.

Still, numerous construction workers suffer serious injuries every year, and even fatal construction accidents are tragically frequent. Human error is often the root cause of construction accident cases, but other factors may cause or contribute to these devastating occurrences.

Here at Crossen Law Firm, our construction accident lawyers represent employees and contractors who suffered injuries due to:

• Crane accidents
• Falling objects
• Electrical accidents
• OSHA violations
• Safety code violations
• Slip and falls
• Scaffolding collapses
• Faulty or damaged equipment
• Accidents involving crush injuries
• Forklift accidents
• Hazardous construction sites
• Contractor negligence
• Inhalation injuries
• Fires and explosions
• Chemical exposure
• Road construction accidents

Common Construction Accident Injuries

Construction accidents can cause workers to suffer from numerous types of injuries, ranging anywhere from mild to fatal.

Common types of injuries at construction sites include:

• Amputations
• Spinal cord injuries and paralysis
• Traumatic brain injuries
• Hearing loss
• Visual impairment
• Burns
• Lacerations
• Neck injuries
• Internal injuries
• Back injuries
• Cardiovascular injuries

Construction accident victims should file workers’ compensation claims regardless of the severity of their injuries.

You deserve compensation for your losses even if your construction accident injury is only mild. You shouldn’t have to pay out of pocket for costly medical expenses and other damages.

Can You File a Third-Party Claim After a Construction Fall?

If you suffered from a fall accident at a construction site, a third party could be partially or wholly responsible. Employees who suffer this type of construction site accident can recoup losses for medical costs and 2/3rds of their lost wages. A construction worker injured can also file third-party claims to recover additional damages.

Suppose a construction worker fails to clean debris in a walkway at a job site. If another employee falls due to this hazard, they can file a workers’ compensation claim. They can also file an injury claim against the negligent employee.

In the event a third party is responsible for your injuries, you should consult with an attorney to assist you with your construction accident case. Your lawyer will help you identify all liable parties and build your claim.

Construction accident attorneys also help their clients with lawsuits. If you can’t reach a favorable settlement with the liable third party or their insurer, your attorney will fight for your case in a construction accident lawsuit.

Contact a Construction Accident Attorney

If you are a construction worker injured on the job, you need legal representation to fight for your case. Injured employees and non-employees should contact attorneys who have experience in personal injuries, construction accidents, labor law, and workers’ comp cases.

Here at Crossen Law Firm, our construction attorneys have years of experience representing victims in personal injury and workers’ compensation cases.

We’ll work tirelessly to help build your case, and you don’t need to pay a cent unless we settle or win. Our team also has experience representing victims in construction accident lawsuits, so we’re ready to represent you in court if necessary.

You can learn more about how our construction accident attorneys can help you by scheduling a free consultation.

Call us today at 317-401-8626, or you can schedule your appointment with an experienced construction accident attorney online.