Construction Accident Attorney Fighting For Victim Compensation In Indiana
It is no secret that the construction industry can be a dangerous place full of potential hazards. Many workers in these environments chalk up workplace accidents and injuries as “just part of the job,” without realizing that there are certain regulations and rights in place which are designed to protect workers.
Construction workers are at a statistical disadvantage compared to most other occupational areas; 2018 saw the construction industry account for the highest number of workplace fatalities, and the figure was up 121% from 2017. It is clear that there is a worrying trend arising – one which provides disadvantages for those working in the construction industry.
What Can Cause A Construction Accident?
By their very nature, construction sites are hazardous. Some of the most common causes of construction accidents include:
- Trench or scaffolding collapses
- Malfunctions or mistakes with heavy machinery
- Falls from high places
- Accidents involving power tools
- Objects falling from a high spot onto workers
- Swinging objects hitting workers
- Becoming trapped or crushed
All of the above are risks which come with being on site, and they can all be responsible for a huge range of potentially life-changing – if not fatal – injuries, including:
- Traumatic brain injuries
- Severe lacerations
- Cardiac issues (largely caused by electric shocks)
- Spinal cord injuries
- Broken bones
- Neck and back injuries
- Internal injuries
How Does Liability Work In A Construction Injuries Case?
In order to determine liability in your construction injury case, you will need to consider a range of circumstances. Accidents caused by yourself or someone employed by your own company typically fall under workers’ compensation, which has significant limitations, especially in Indiana. We therefore look for third parties who may have caused the accident. Proving third party liability may involve a variety of considerations, including:
- Equipment manufacturers: If your injury was caused by malfunctioning equipment, you may be entitled to compensation from the manufacturer.
- Subcontractors: Subcontractors are responsible for ensuring that all sites operate under safe working conditions. If a subcontractor failed to provide accurate information, adequate safety equipment, or was considered to have been negligent in their duty, they may be liable.
- Delivery services: Delivery services may also be found liable, if they delivered or stored equipment or materials in an unsafe location or caused a dangerous situation while doing so.
- Colleagues: If a colleague or employee from a third-party company is found to have contributed to the accident, either directly or indirectly, they may be liable. In addition, misuse or dangerous operation of equipment by another employee also invoke liability if it is found to have resulted in your injuries.
What Might I Be Entitled To?
If a third party is found to be liable for the incident, you may be eligible for reimbursement from not only the liable party, but also from worker’s compensation benefits, awarded by your employer’s insurance. This compensation can be used to cover costs such as medical expenses and loss of income as well as death benefits in the event of a fatal injury.
Costs to be awarded may include:
- Any medical expenses already incurred as a result of your injury
- Estimated costs of future medical treatment which will be required – sometimes for the remainder of your life
- Any loss of wages, and future loss of income in the event that your injury prevents you from returning to work
- Permanent disfigurement or disability
- Wrongful death
It is important to note that with construction injuries, both the injured party and their loved one may be eligible for compensation even if they are deemed to have been partially responsible for their own injuries.
What Are The Options?
In many cases, worker’s compensation is not enough. There are limits to worker’s compensation. The coverage will not provide any financial benefits to acknowledge pain and suffering and may not be enough to cover long-term losses that may have been incurred as a result of the accident. In the event that a third party shares responsibility for the accident, as well as liability for injuries or wrongful death, further action may be required – this could include taking action against a subcontractor, delivery service, general contractor, equipment manufacturer, etc.
What Can I Do?
In these situations, it is imperative that you employ the services of a skilled, knowledgeable attorney, who has experience in working with similar construction accident liability cases. Here at Hilbrich Law Firm, we have been assisting and representing victims of construction injuries across the Highland area for decades, have recovered millions of dollars for victims and their families, and can work with you to help you determine whether you have a case. Call us today at 219-444-4330 or contact us online so that we can work to provide you with the next steps for you and your family.