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

Posted on February 11, 2025 by admin

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.

Understanding Your Rights: Personal Injury Claims After a Construction Accident

Posted on November 20, 2023 by admin

Navigating the aftermath of a construction accident can be both overwhelming and confusing. This blog is written to shed light on personal injury claims after such occurrences, with a special focus on understanding your rights. We delve into the legal repercussions of construction site accidents, key considerations in a construction accident lawsuit, and the vital role played by a personal injury lawyer in your quest for justice.

The pursuit of a claim can be a complex process; hence, it is crucial to arm yourself with adequate knowledge and guidance. Stay tuned as we unpack these complexities and help you chart a path towards your rightful compensation.

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

The Legal Implications of Construction Site Accidents

Building sites are high-risk environments, and the occurrence of construction site accidents is a common reality. According to the Occupational Safety and Health Administration (OSHA), construction workers account for one in every five workplace fatalities. These accidents can result in severe injuries, permanent disabilities, or even death. In such cases, victims or their families may be entitled to financial compensation for the losses incurred. However, understanding your rights and navigating the legal process can be challenging, given the complexity of construction accident lawsuits.

Key Considerations in a Construction Accident Lawsuit

To have a successful personal injury claim after a construction accident, there are several key considerations to keep in mind. Firstly, it is essential to establish that the accident was due to the negligence or wrongdoing of another party. This could be the construction company, subcontractors, or equipment manufacturers. Secondly, it must be proven that the injuries sustained were a result of the accident and have led to damages, such as medical expenses, lost wages, and pain and suffering. Lastly, there are time limits for filing a claim, known as statutes of limitations. This varies from state to state, and it is crucial to adhere to these deadlines to avoid jeopardizing your chances of receiving compensation.

The Role of a Personal Injury Lawyer

Construction accident lawsuits are complex and may involve multiple parties, insurance companies, and legal teams. As such, having a personal injury lawyer by your side can significantly increase the likelihood of a successful claim. These lawyers concentrate on handling personal injury cases and are well-versed in the laws and regulations surrounding construction site accidents. They can help you gather evidence, negotiate with insurance companies, and navigate the legal process on your behalf. With their guidance, you can focus on recovering from your injuries while having peace of mind that your case is in capable hands.

In Conclusion

Construction site accidents can have devastating consequences, both physically and financially. However, understanding your rights and seeking legal assistance can help you receive the compensation you deserve. If you or a loved one has been involved in a construction accident, it is crucial to seek the guidance of a personal injury lawyer as soon as possible. With their expertise, you can navigate the complexities of the legal system and obtain the justice and compensation you are entitled to. Remember, knowing your rights is the first step towards protecting them. So, stay informed, stay safe, and know that there is help available if you ever find yourself in such a situation.

For more information on personal injury claims after construction accidents or to seek legal advice, contact Craven, Hoover & Blazek, P.C. at 317-881-2700 as soon as possible. As experienced and compassionate Indianapolis construction site accident lawyers, we do not charge any upfront lawyer fees, nor do we get paid unless we recover an award for you. Don’t hesitate to reach out for help, as there is a time limit to how long you can file your claim in Indiana. We can hold free initial consultations over the phone, at our office, or at your place of in-patient medical treatment.

The Two Main Types of Construction Site Slip and Fall Accidents

Posted on July 22, 2022 by admin

OSHA stands for Occupational Safety and Health Administration, which is an organization responsible for enforcing health and safety regulations in workplace environments. Employers, employees, and manufacturers are all obligated to follow OSHA guidelines and support comprehensive safety at work. These regulations are set in place to maintain safe workplace environments and prevent serious injuries and fatalities. Workplace accidents can range in severity, from minor wounds to serious life-long injuries or even death. People can lose their lives, their loved ones, or their ability to work or perform naturally in everyday tasks.

As for active construction sites, one of the most common on-the-job accidents is slip and fall accidents, emphasis on the falls. There are two main types of construction site slip and fall accidents. Continue below to learn more about them, plus what you should do as an injured construction worker or laborer in Indiana.

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Important Construction Site Accident Statistics

The Occupational Safety and Health Administration (OSHA) reports that, every single year, 1 out of 10 construction laborers are injured on site. Furthermore, OSHA informs us that falls from great heights are one of the top causes of such accidents. And according to the Bureau of Labor Statistics (BLS), every year there are nearly 150,000 construction site accident injuries reported. Of these injuries, fall accidents are one of the primary causes.

According to the National Institute for Occupational Safety and Health (NIOSH), 1,224 construction workers lost their lives in a construction accident in 2005. They suggest this makes the construction field the most dangerous industry to work in. In the United States, 15% of workers’ compensation costs are paid toward injured construction laborers who were hurt on the job.

Reasons For Construction Site Slip and Fall Accidents

Active construction sites are innately more vulnerable to the risk of slip and fall accidents due to negligent persons and companies, inclement weather conditions, dispersed construction equipment and machinery, production debris, great heights, and more. Although it goes without saying, the higher up a slip and fall incident happens, the more severe the injuries. At extreme heights, a slip and fall accident can mean instant death.

Some of the most common causes of slip and fall accidents on construction sites include inadequate safety training and equipment, loosened or broken handrailing, defective scaffolding, exposed electrical cords and cables, and surfaces that are uneven, wet, or slippery.

2 Primary Types of Fall Accidents on Construction Sites

Various slip and fall accidents can take place at a construction site, but the two primary types include same-level falls and falls from one level to a lower level. Same-level falls are best described as slip, trip, and fall accidents. These take place on ground level, or on a single level in which the fall does not cause the victim to drop to a lower level of the construction site. An example of the same-level fall at a construction site would be tripping over exposed electrical wiring and falling to the ground, resulting in a broken ankle and dislocated shoulder. This does not mean that a same -level fall cannot result in catastrophic injuries or death. They do, as the statistics above suggest.

Falling to a lower level typically results in more serious workplace injuries, and in some cases construction fatalities. Compared to same level falls, falling from one level to a lower level increases the chances of catastrophic injuries or deaths.

Falling in Man-Made Holes

Holes are also a common cause of accidents on construction sites. People, both workers and regular citizens, have literally fallen victim to unmarked or unguarded holes, trenches, and other deep cavities dug into the ground.

Guidance for Injured Construction Workers

If you are a construction worker, or an employee in any industry for that matter, who has been injured on the job or while performing work-related duties, it is in your best interest to consult with a licensed Indiana personal injury lawyer to learn your rights to pursuing legal action and obtaining the maximum compensation for your damages and losses.

Would you like to speak with a trusted workers’ compensation lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation to discuss your construction accident claim in Indianapolis, Indiana with an experienced workplace injury attorney. We represent workers 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.

How to Make a Claim as a Recent Construction Accident Victim in Indiana

Posted on August 7, 2020 by admin

Here in Indiana, construction accidents are not only one of the most common workplace injury accidents that occur on the clock, they are often times the most severe. That is because construction work typically involves heavy materials, powerful machinery, large motorized equipment, and working at heights. Construction injuries are not to be taken lightly, especially since many can result in an onset of injury, rather than an instantaneous one. For all of these reasons and more, construction accident victims tend to suffer exponentially in terms of their damages and losses.

If you are a recent construction accident victim, or your spouse, it is vital to hire a seasoned Indiana workers’ compensation lawyer for your construction accident injury claim. Continue reading to learn what you need to know about construction accident claims and lawsuits, including how to get started on yours.

Indiana Construction Site Accident Lawyers 317-881-2700

Construction Accident Claims

Although construction contractors and proprietors have a legal duty of care to maintain safe and hazard-free construction sites, accidents still happen every day in this line of work. As mentioned, construction complexes are more dangerous than standard workplace environments because they house various tools, products, heavy machinery, and equipment. As a result, there are infinite types of risk involved with construction work, and even more ways a worker can get hurt.

Here in Indiana, the most common types of construction site injuries and accidents include:

➾ OSHA Violations
➾ Scaffolding Accidents
➾ Explosion Injuries
➾ Crane Injury Accidents
➾ Falls
➾ Ladder Accidents
➾ Roofing Accidents
➾ Chemical Leaks
➾ Welding Injuries
➾ Severe Burns
➾ Blunt Force Traumas
➾ Machine Malfunctions
➾ Faulty Equipment
➾ Electrical Injuries
➾ Forklift Injury Accidents
➾ Trenching Accidents
➾ Nail Gun Injuries
➾ Wrongful Death
➾ And More

Construction Site Accident Lawyers Can Help Your Case

It is important to protect your rights if you were injured on a construction site, whether as a worker, pedestrian, driver, or visitor. Hiring a team of skilled personal injury attorneys who well-versed and familiar with the intricacies regarding workplace accident law, Occupational Safety and Health Administration (OSHA) guidelines, Indiana construction laws, safety laws, contractor liabilities, owner liabilities, agent liabilities, and similar areas of expertise, is your best chance at recovering the full and fair compensation you deserve.

Who to Trust With Your Indianapolis Construction Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with our team of highly-accredited and experienced personal injury attorneys about your recent construction accident in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are fully-prepared to help you recover the full and fair compensation you deserve after being injured at a construction site. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Get in touch with a friendly legal assistant about scheduling a free consultation with a construction accident lawyer, today. We represent clients throughout the State of Indiana.

Craven, Hoover, & Blazek P.C.

Tag Archives: Construction Accident Claims