Construction sites are everywhere in Indiana—from road construction filling highways with traffic cones to building renovations transforming city skylines. Unfortunately, these sites can also be hazardous, often leading to accidents that cause injuries to drivers, pedestrians, and even workers. Understanding your legal rights after a construction site accident is crucial to ensure you receive the compensation you deserve.

This guide breaks down everything you need to know about Indiana’s legal framework for construction site accidents, your rights as an injured person, and the steps to take to protect yourself after such an incident.

Call 317-881-2700 to Speak With Our Construction Accident Lawyers in Indianapolis Indiana

Indiana’s Laws on Construction Site Accidents

Indiana has laws and regulations designed to protect individuals and ensure safety at and nearby construction sites. However, accidents still happen, often because of negligence, improper safety measures, or construction site violations. Knowing how these laws apply is essential for anyone injured at or near a construction site.

Negligence Laws in Indiana

Under Indiana personal injury laws, negligence plays a significant role in determining fault after a construction site accident. Negligence refers to someone failing to exercise reasonable care, resulting in harm to another person. For example:

A construction company may fail to create a safe work environment by neglecting to put up warning signs around dangerous areas or failing to follow safety standards.
A contractor may improperly secure scaffolding, leading to an injury if it collapses.
Equipment manufacturers might produce faulty tools that malfunction on-site.

If negligence is proven, the responsible party and thus their liability insurance carrier may be liable for damages, including medical bills, lost wages, and emotional distress.

Third-Party Claims

While some accidents involve direct employers, others arise from third-party actions. For instance, if a pedestrian is struck by construction equipment operated by a subcontractor, they could file a third-party personal injury claim against the equipment operator and their employer. This is important because employers may be shielded by workers’ compensation coverage for their employees, but pedestrians, drivers, or other non-workers injured on-site often have to seek compensation through a third-party claim. In addition, a worker for one company may bring a claim against a worker and their employer of a different company. In that situation, the worker would have both a workers compensation claim with his own employer and a third-party claim against the worker and employer of the at-fault company.

Safety Regulations

The Occupational Safety and Health Administration (OSHA) enforces strict safety rules for construction sites. Violations like unmarked hazards, lack of protective gear, or poor maintenance and failure to follow safety standards can strengthen your case if you’re injured due to a construction company’s failure to comply with OSHA standards.

Legal Steps to Take After a Construction Site Accident

Getting injured in a construction site accident is overwhelming but acting quickly and decisively can make a significant difference in the outcome of personal injury claims. Here’s a step-by-step guide for protecting your rights:

1. Seek Medical Attention Immediately

Your health and safety should always come first. Seek medical attention promptly, even if your injuries seem minor at first. This step not only ensures you receive proper care but also provides documentation of your injuries, which can be crucial evidence in a personal injury claim. If you do not document your injuries right away the insurance company for the at-fault party will try to argue the injuries did not occur as a result of the incident.

2. Report the Incident in Detail

Report the accident to the relevant authority as soon as possible. If you were injured while driving past road construction, this could involve filing a police report or notifying the Department of Transportation. If the incident occurs on a private construction site, notify the site manager or property owner. Always contact the police to make a report!

3. Document Everything

Evidence plays a critical role in any legal claim. Immediately collect as much information about the accident as you can, including:

Photos and video of the site, your injuries, and any equipment or hazards involved.
Witness statements and their contact information.
Copies of medical treatment records or invoices.

This documentation can substantiate your claim and potentially prove negligence or safety violations.

4. Consult with a Personal Injury Attorney

Indiana personal injury laws are complex, and navigating a claim on your own can result in missed opportunities for fair compensation and you can flat out lose your case if the laws are not followed. An experienced construction accident lawyer will evaluate your situation, identify all liable parties, and guide you through the legal process. They can also negotiate with insurance companies to prevent you from settling for less than you deserve.

Statute of Limitations and Other Legal Considerations

Indiana, like all states, has a statute of limitations for filing personal injury claims. This law sets a legal deadline for pursuing compensation after an accident. Understanding these time limits is critical to ensure your claim remains valid.

Indiana’s Statute of Limitations

For most personal injury claims in Indiana, including those stemming from construction site accidents, you must file a lawsuit within two years from the date of the accident. Missing this deadline could bar you from seeking compensation. If your claim is against a governmental entity, a tort claims notice must be served on the at-fault party in as little as 180 days following the incident so it is vital to contact an attorney who will be representing your interests right away.

Comparative Fault

Indiana uses a modified comparative fault system to determine compensation. If you’re found partially responsible for the accident, your damages may be reduced accordingly. Additionally, if your fault exceeds 50%, you may not recover compensation. For example:

If you were a pedestrian injured in a construction area that was clearly marked as off-limits, you may share liability for the accident.
If you were driving negligently past a road construction site and caused an accident, your compensation might be reduced based on your percentage of fault.

Workers’ Compensation vs. Personal Injury Claims

If you’re a construction worker injured on the job, your claim might fall under Indiana’s workers’ compensation system, which provides benefits like medical coverage and wage replacement while shielding employers from lawsuits. However, if the injury was caused by a third party (e.g., a subcontractor or faulty equipment manufacturer), filing a personal injury claim against the responsible party is an option.

IN SUMMARY

Construction site accidents can have life-altering consequences, but knowing your rights and taking the appropriate legal steps can prevent further hardship. Indiana personal injury laws are designed to hold negligent parties accountable, whether they’re contractors, equipment manufacturers, or property owners.

If you or a loved one has been injured at a construction site—whether you’re a worker, pedestrian, or driver—don’t leave your compensation up to chance. Speak with a qualified construction accident lawyer to understand your rights and maximize your claim.

Remember: Time is of the essence in personal injury cases. Don’t wait until it’s too late to take action. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation to discuss your construction accident injury claim in Indianapolis, Indiana. We represent Hoosiers throughout Indiana and Indiana citizens injured anywhere, plus we can meet over the phone, via video conference (Zoom, Skype, etc.), or in person at our Indy-based office.

When you’ve been injured on a construction site, picking the right lawyer to represent you may feel overwhelming, yet it’s a decision that can significantly impact your case. An ideal construction accident attorney is not just well-versed with the law, but also understands the complexities of construction sites.

Here, we bring you the top five factors you should consider when hiring a personal injury attorney for your construction site accident. This guide aims to help you navigate the often complex world of construction law and empower you to make an informed decision.

Call 317-881-2700 to Speak With a Construction Accident Attorney in Indianapolis Indiana

Most Common Types of Construction Site Accidents and Injuries

Construction sites pose a significant risk to workers due to the presence of heavy machinery, hazardous materials, tired workers and working at heights. According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of construction site fatalities, followed by being struck by an object, electrocution, and caught-in/between accidents. Other common types of injuries include fractures, head and brain injuries, spinal cord injuries, and amputations. Therefore, it’s crucial to hire a construction site accident lawyer who has experience dealing with a variety of cases and can effectively represent your best interests.

What to Look for in a Construction Accident Lawyer

1. Experience and Expertise

The number one factor you should consider when choosing a construction accident lawyer is their experience and expertise. Construction site accidents can be complicated, involving multiple parties, including the employer, contractors, and insurance companies. A personal injury attorney with years of experience in handling construction accident cases will have a better understanding of the legal process and how to navigate it effectively. Additionally, they will have the necessary expertise to evaluate your case and determine the best course of action for you.

2. Experience With Construction Accidents

While experience in personal injury law is essential, it’s equally important to hire a lawyer who has handled construction accidents. An attorney who has handled several cases involving construction and workers’ compensation claims will have extensive knowledge of safety standards, regulations, and laws specific to the construction industry. They will also have a better understanding of how to gather evidence, interview witnesses, and document a strong case in your favor.

3. Reputation and Track Record

Before hiring a construction accident lawyer, it’s crucial to research their reputation and track record. Look for online reviews from previous clients and ask for references. A reputable injury lawyer will have a track record of successful cases and satisfied clients. It’s also essential to consider their success rate in similar cases to yours.

4. Communication and Availability

Communication plays a vital role in any legal case, so it’s crucial to hire a construction accident lawyer who is responsive and keeps you updated on your case’s progress. Your attorney should be available to answer your questions and address any concerns you may have throughout the legal process. They should also inform you of any developments in your case in a reasonably prompt manner.

5. Fees and Payment Structure

Before hiring a construction accident lawyer, it’s essential to understand their fee structure. Most personal injury attorneys work on a contingency basis, meaning they don’t charge fees upfront but take a percentage of the settlement amount if you win your case. It’s essential to discuss all fees and payment terms with your lawyer before proceeding to avoid any financial surprises down the line.

In Summary

Hiring a construction accident lawyer can seem daunting, but it doesn’t have to be. By considering these five factors, you can find a personal injury attorney who is experienced, knowledgeable, reputable, communicative, and transparent about their fees. Remember that your lawyer will be your advocate throughout the legal process, so it’s crucial to choose someone you trust and feel comfortable working with. With the right construction accident attorney by your side, you can focus on recovering from your injuries while they fight for the compensation you deserve. So don’t hesitate to seek legal representation if you’ve been injured in a construction site accident, as it can make all the difference in your case.

If you or a loved one has been injured at work or on a construction site, don’t hesitate to seek legal help to protect your rights. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial case evaluation with a seasoned construction accident lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office. We can also meet you at your inpatient medical treatment center if necessary.

Craven, Hoover, & Blazek P.C.

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Your Legal Rights After Being Injured in a Construction Site Accident in Indiana