Indianapolis Construction Accident Lawyers

After your accident, the most important thing to do is to seek medical care immediately. Depending on the severity of your injuries, you may have a long road to recovery ahead of you. Once stable, follow these steps to ensure you receive the appropriate compensation for your injuries.

Know Your Worker’s Rights

You have the right to a reasonably safe workplace if you are a construction worker. The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA). OSHA establishes safety standards to protect workers from occupational hazards.

If you believe your worksite is unsafe, contact OSHA. They will inspect your workplace for safety violations. Further, your employer cannot retaliate against you for reporting violations under OSHA.

Who Should I Contact?

After a construction accident, there are several people you should contact:

• Report your injury to your manager or employer.
• Contact any witnesses and ask them to document what they noticed.
• Consult a construction site accident lawyer for advice about the next steps.

Do not delay these critical conversations. Depending on the type of case you pursue, there may be a limited time frame to file a claim. Additionally, medical bills can pile up faster than you may realize. The sooner you seek compensation, the sooner you’ll be free from the anxiety of many bills and payments.

What Kind of Evidence Do I Need in a Construction Accident Case in Indianapolis?

After your accident, you will need to gather evidence and documentation, especially if you plan to file a claim. Before you consult with your attorney, having as much information and evidence as possible is helpful. The following list is a good starting point, but your construction site injury attorney may ask for additional documentation.

Gather the following types of evidence:

• Photos of the accident
• Pictures of the construction site
• Photos of the injury
• Documentation from your doctor(s) describing your diagnoses and treatment plan

Depending on your accident’s circumstances, various parties may be at fault. In some cases, more than one person or party could be partially responsible for the accident.

Your Employer

Your employer might be at fault for failing to provide a safe work environment. This could look like any of the following:

• They expected you or someone else to use machinery without proper training
• They failed to maintain their equipment according to the manufacturer’s instructions
• They failed to provide proper safety equipment
• They failed to properly assess or prepare the terrain at a construction site, leading to a construction vehicle rollover
• They did not safeguard against falling debris
• They built scaffolding but did not include safety devices like guardrails to prevent falls
• They did not use guards on machinery to protect workers from being trapped, crushed, or injured by machinery

Typically, workers must file a worker’s compensation claim when they sustain an injury that is caused by their employer’s negligence. If you suffered an injury from an unsafe work environment, contact a construction accident law firm to help determine the best course of action for your case.

General, Prime, and Sub-Contractors

These individuals may work on a job site but are not your direct employer. You may be working with them, or they may be doing a different job at the construction site. OSHA requires them to adhere to their guidelines and maintain a safe work environment. They may be responsible for damages if their carelessness caused an accident or injury. If your injury was caused by a general, prime or sub-contractor, you do not have to generally pursue the claim through worker’s compensation. Contact WKW to determine the best course of action for your case.

Manufacturers

A defective vehicle or equipment can still cause injuries, even if you and your co-workers follow every safety precaution. Construction vehicles can weigh several tons. If they malfunction, they can act erratically, possibly rolling over, crushing, or striking someone. These machines are big, but they can be fast. When they malfunction, they can move faster than you might expect. If a device, machine, or vehicle malfunctions and causes an injury, the manufacturer may be responsible for damages.

Engineers and Architects

In some cases, the engineers or architects are at fault. Often, this happens because they fail to follow the construction plans properly or adhere to code regulations.

After a construction accident, the best thing to do is to contact your personal injury attorney. There are many different paths to receive remuneration for your injury, and many parties may be at fault. Your attorney can help determine who may be at fault and how to proceed.

Although construction accidents can impact anyone, some people have a higher likelihood of injury. Of all construction workers, those at most significant risk of an accident may be those who are most at risk of falling. Believe it or not, a worker can fall at a construction site in many different ways. Workers can fall and injure themselves in many ways:

• Falling from a very tall building, roof, or scaffolding
• Falling from a construction vehicle, such as a bulldozer or forklift
• Falling due to an uneven surface
• Falling into excavation areas
• Falling through holes in walls, flooring, and other unexpected places.

Although nobody wishes for these accidents to happen, they do occur. Unfortunately, many happen partly due to an unsafe work environment. Suppose your employer or other party knowingly allowed you to work unsafely. In that case, they may be liable for any injuries that occur.

You may or may not be able to sue your employer after a construction accident. In many cases, if you file for worker’s compensation, that is the only compensation you receive from your employer.

However, there are some circumstances in which you could receive more damages. If other parties were at fault–at least partially–you may be able to recover damages from them too. These other parties might include the property owner, the manufacturer, or another contractor.

To ensure fair compensation, contact your construction attorney as soon as possible after your accident to determine the best course of action.

In Indiana, an individual has a two-year window to file a personal injury lawsuit following an accident. Although it may seem like a long time, it will not feel like it when you are recovering from your injury. Between doctor’s visits, physical therapy appointments, and other life demands, you may discover that two years passed more quickly than expected.