There are over 8,000 construction workers in Vanderburgh County, and with Indiana’s high incidence of construction accidents, many of them have likely suffered serious injuries [1].
Unfortunately, construction accidents also have a high fatality rate, so many families also need to deal with insurance companies to get through the financial uncertainty that comes with losing a loved one.
Experienced Evansville personal injury lawyers can help you get fair compensation and justice, and Rosenfeld Injury Lawyers have over 25 years of experience and have helped over 5,000 clients in their careers.
Why Hire Rosenfeld Injury Lawyers
Rosenfeld Injury Lawyers is the ideal choice for handling your construction accident case, offering unparalleled expertise and dedication in recovering compensation for our clients. We are committed to ensuring that you receive the maximum compensation for your medical expenses, lost wages, and pain and suffering.
Fatal fall injuries
Fatal crush injuries
Fatal roof fall
Fatal skylight fall
Electrical burn injuries
Ladder fall injuries
At Rosenfeld Injury Lawyers, we take a personalized approach, working closely with you to build a strong case and provide the support you need during this difficult time. Let us be your advocates in securing the financial resources necessary for your recovery and future stability.
Eligibility to File a Construction Site Accident Lawsuit
Establishing liability is crucial in determining whether individuals have a viable case for a construction site accident. Those eligible to pursue a construction accident claim include:
- Injured workers – Workers who sustain injuries due to unsafe conditions, equipment malfunctions, or negligence on construction sites.
- Family members – Family members of deceased injury victims may also pursue financial compensation and legal action.
- Clients and visitors – People visiting or conducting business on construction premises who suffer injuries due to unsafe premises or actions.
- Passersby or bystanders – People who were not employed on the site but still experienced injury due to falling objects or other hazards.
Liability in Construction Accidents
Liability in construction accidents can involve various parties, and those involved affect the type of case you have.
Workers’ Compensation
In cases where the worker or the employer is responsible, it is a workers’ compensation case. In workers’ compensation, the law protects the employer through the doctrine of exclusive remedy, meaning the worker cannot sue the employer. Also, the worker typically receives benefits such as disability, medical care, and lost income regardless of fault.
If the employer doesn’t have insurance, or they have been exceptionally negligent or caused intentional harm, it is possible to sue them with the help of a construction accident lawyer.
Third Parties
If a third party’s negligence caused the construction accident, you may have a personal injury case. Examples of third parties include:
- Job site owners
- Architects or engineers
- General contractors and subcontractors
- Product manufacturers, designers, and maintenance providers
- Safety inspectors
- Government agencies
You can also file a workers’ compensation and a third-party claim at the same time. Unlike workers’ compensation cases, personal injury cases are handled in civil court.
If the Worker Is at Fault
Indiana is a modified comparative fault state. This means the degree of fault is assessed as a percentage, with each party potentially being assigned a portion of the blame based on their actions or negligence.
In the case of workers’ compensation claims, the worker may receive reduced benefits if they were at fault. In the case of third-party claims, their degree of fault will be considered when determining the amount of compensation they are entitled to receive. If they are over 51% at fault, they may not have the right to seek compensation.
Given the complexities of modified comparative fault systems, it is essential to consult experienced personal injury attorneys to ensure all negligent parties are taken into consideration and to maximize financial compensation.
Evidence Needed
To build a strong case, you will need to gather as much evidence as you can. Your personal injury lawyer will clarify any dilemmas about what constitutes evidence, but until then, you can gather the following:
- Photo and video evidence – Show the accident scene from different angles, including any safety hazards, property damage, or equipment malfunctions. Photograph your injuries over time.
- Medical documentation – Include reports of doctor visits, treatments, and symptoms. Save all medical documentation, including prescriptions, medical bills, and reports of injuries affecting your life.
- Eyewitness statements – Collect contact info and written statements from anyone who saw the accident or safety violations at the scene.
- Accident reports – Collect and inspect accident report copies, regardless if they were filed with employers, regulatory agencies, or law enforcement.
- Communication records – Keep all written communication with legal representatives, insurers, and supervisors, including messages, letters, and emails. Also, take note of verbal agreements.
- Timeline – Write down what happened in chronological order. Do it as soon as possible so you don’t forget any details.
Cases Our Evansville Construction Accident Attorneys Represent
The construction industry is notoriously dangerous and our personal injury lawyers have seen various accident types. These are only the most common ones, so if your case isn’t on the list, contact us regardless for a no-obligation free consultation.
- Slips and trips
- Falls from heights
- Struck by objects
- Electrocutions
- Caught in-between accidents
- Scaffolding accidents
- Fires and explosions
- Chemical burns
- Repetitive motion injuries
Common Construction Accident Injuries
Our construction accident lawyers have recovered financial compensation for many people injured on construction sites. The most common injuries we have seen include:
- Traumatic brain injury
- Bone fractures
- Spinal cord injuries
- Exposure to harmful substances and environments
- Electrocution
- Eye injuries
- Sprains and strains
- Open wounds, cuts, punctures
How Our Evansville Construction Accident Lawyers Can Help You
A construction accident attorney plays a crucial role as they can help you in proving fault. They can also help you in several other ways:
- Nature of injuries – Injury lawyers can analyze the extent and impact of injuries sustained by victims to determine the compensation they deserve.
- Causes of the construction accident – They investigate the root causes of the accident, such as negligence, safety violations, or defective equipment.
- Sources of compensation – Personal injury lawyers can identify all liable parties and maximize your compensation.
Due to the complexities of legal procedures, regulations, and statutes governing construction accidents, it will be difficult to do this without a lawyer. In addition, the insurance company, the liable party, and the liable party’s attorney will all try to minimize your compensation.
With years of experience with construction accidents, we can create a sound negotiation strategy and help you collect and present evidence.
Types of Compensation You Can Seek
Damage recovery will depend on the type of case. Workers’ compensation benefits typically include lost wages, medical treatment, and disability. Third-party claims can involve other types of damages, such as those relating to emotional distress.
Depending on the claim type, your personal injury lawyer can help you recover the following types of damages:
- Economic – These damages include medical expenses, lost wages, property damage, and other expenses.
- Noneconomic – Noneconomic damages include pain, emotional suffering, loss of enjoyment, and loss of consortium.
- Punitive – Punitive damages are recovered only when there has been a case of extreme negligence or intentional wrongdoing.
There’s a Limited Time to File a Construction Accident Claim
Construction accidents can leave injured victims and their families in fighting to handle medical bills, changed work and family dynamics, and sometimes, unfortunately, grief. However, it’s crucial to contact personal injury attorneys as soon as possible, as Indiana has a legal time limit for filing claims.
- Personal injury – The statute of limitations for filing a personal injury claim in Indiana is two years from the date of the accident.
- Workers’ comp – The statute of limitations for filing a workers’ compensation claim in Indiana is also two years from the date of the accident. If an employee receives benefits such as disability, the statute is two years after the last payment.
- IOSHA complaints – IOSHA complaints regarding hazardous working conditions can be sent to the Department of Labor within six months of the violation occurring. However, there is a 30-day limitation for discrimination or retaliation complaints [2], [3].
Contact Our Evansville Construction Accident Attorneys Today!
Our legal team has decades of experience and thousands of satisfied clients, and we know how insurance companies and employers act when a worker gets injured. We will make sure no one reduces the compensation you deserve. We operate on a contingency basis, meaning you don’t pay a cent unless we win.
If you or a loved one have suffered a construction accident, your main takeaway is to act as soon as possible and file a claim. Also, given that several parties in the process may not want you to receive proper compensation, it’s key to contact an Indiana construction accident lawyer.
Call us today toll-free at (888) 424-5757 for a free consultation.
References: [1] Stats Indiana [2] Indiana Department of Labor, [3] OSHA