Work-related injuries can happen anywhere at any time. However, the construction industry accounts for almost half of workplace fatalities.
According to the latest figures from the U.S. Bureau of Labor Statistics, 46.2% of all fatal falls, slips, and trips reported in 2021 were related to construction jobs.
Although this industry is considered one of the most dangerous in the United States, construction workers and their surviving family members are entitled to compensation for their damages or losses.
In most cases, victims can file a workers' compensation claim or a third-party personal injury lawsuit to hold the at-fault party accountable for their negligence and obtain financial compensation.
This article offers guidance on the legal remedies available in construction accidents and the steps injured workers must complete to begin the legal process.
What Legal Remedies Are Often Available for Construction Accidents?
As mentioned, there are two potential legal remedies for construction workers who suffer an accident and are injured on the job. Below is more information about each one.
A Workers' Compensation Claim
In Indiana, almost all employers are legally required to carry workers' compensation insurance. Therefore, chances are an employee who is injured at a construction site is already covered.
Workers' compensation is considered a "no-fault" system. Injured parties aren't required to prove who was responsible for the construction site accident in order to recover compensation.
Although the Indiana Workers' Compensation Board is responsible for administering this system, investigating claims, and ensuring injured workers receive the benefits they're entitled to, this compensation is paid by the employer.
How to File a Workers' Compensation Claim
If a construction worker is injured while performing their job and plans to seek compensation through this system, they must notify the employer no more than 30 days from the date the injury or accident occurs.
Employers must submit a report to the workers' compensation insurance company and deliver a copy of this document to injured employees within seven days.
Once the report is received, the insurance company has up to 29 days to accept or deny the workers' compensation claim.
What Workers' Compensation Benefits Can Victims Receive?
If they file a claim under this system, workers who are injured in an Indiana construction accident can recover the following benefits:
Medical expenses, as long as they're reasonable and necessary, such as medications, doctor visits, surgeries, and rehabilitation
Lost wages based on the nature of the injury
Eligible surviving family members of workers who die in accidents that happen at construction sites can receive death benefits through these claims.
A Third-Party Claim
Since workers' compensation is considered an exclusive remedy in Indiana and other states, people seeking remuneration through this system must waive the right to sue their employers.
In other words, a person who gets workers' compensation benefits cannot file a lawsuit against their employer for a construction injury.
However, a person who is harmed in the workplace by a third party can take legal action against that person or entity and seek compensation through the personal injury system.
The main difference between a workers' compensation claim and a personal injury lawsuit is that plaintiffs have to prove that the other party was at fault, whether they're suing equipment manufacturers, property owners, or other individuals or entities.
How to Prove Fault in a Personal Injury Case
Under Indiana laws, a person who files a personal injury lawsuit against someone else must establish the required elements of negligence in order to hold that party accountable for the accident.
The elements of negligence include:
Duty of care: The third party had to act reasonably to avoid injuring construction workers.
Breach of the duty of care: The third party failed to act with reasonable care.
Cause of the injury: The third party's failure to exercise reasonable care was the main reason for the accident that harmed victims.
What Is the Statute of Limitations in These Cases?
Although injured workers have the right to seek compensation from the person or entity that caused the accident, there's a time limit to file a claim or a lawsuit.
Whether the injured construction workers plan to file a workers' compensation claim or a third-party lawsuit, the statute of limitations is two years.
In simple terms, they're required to begin the process within 24 months from the date the injury occurred or they should have reasonably realized they had been harmed. For more information, an Indianapolis construction injury attorney may be able to help.
What Should Victims Do to File a Workers' Compensation or Third-Party Claim in Indiana?
If they plan to file a workers' compensation or personal injury claim for a construction accident, victims should do the following:
Seek medical attention: Injured workers should visit a doctor and get the treatment they need as soon as possible. This is also essential to establish evidence and support their cases. Note: If victims are pursuing workers' compensation benefits, they should visit a doctor chosen by the employer.
Notify the employer: Construction workers who have been injured in the workplace should notify their employers about their cases no later than 30 days after the accident.
Follow doctors' recommendations: Failing to follow doctors' recommendations or missing their appointments may affect victims' claims. Therefore, this is an essential step after a construction accident.
Final Thoughts: Do Victims Need Help from a Lawyer?
After an accident at work, construction workers should seek legal counsel from an experienced attorney. Professionals can guide them through this overwhelming process to determine the best course of action and fight for their rights.
If victims plan to file a third-party lawsuit, personal injury attorneys can help them prepare their cases, collect evidence, and present their allegations before a judge or jury. They can also help with how to file a lawsuit for pedestrian accident in Indiana.
Individuals who are injured while performing their jobs can also benefit from working with an Indiana construction accident lawyer. If this attorney has experience in workers' compensation cases, they can assist victims with their claims to ensure they receive the benefits they're entitled to.
Contact Schuerger Shunnarah Trial Attorneys Today!
People who have been injured in a construction accident deserve fair compensation. However, this process can be tedious and time-consuming, whether they file a claim with their employers or against a third party.
Fortunately, victims can find a seasoned construction accident attorney at Shunnarah Trial Attorneys. Our legal team is equipped with the knowledge necessary to defend injured workers in Indianapolis, Indiana. Contact us today!