Learning to use the tools found on a construction site takes considerable time and effort. That’s why federal and state laws expect construction crews and related parties to regularly refresh their training. Unfortunately, all that training can’t always prevent accidental negligence – or even deliberate recklessness – that can happen on the job.
As a construction accident survivor, you have the right to bring that negligence to the attention of an Indiana civil court. Specifically, Indianapolis construction accident attorneys with Vaughan & Vaughan can stand with you as you demand compensation for construction site misconduct.
Liability in the Face of a Construction Accident
It’s not always easy to know who to hold responsible for your losses after a construction accident. While it may look like a specific construction crew member bears the brunt of the responsibility for your losses, corporate influence may change who you name as responsible for your losses when you move to take legal action.
Employees, for example, are often protected by their corporate overseers in the face of an accident. You might not name a W2 employee as the party liable for your losses after a construction accident but rather pursue compensation from a construction company. If this is the case, you need an experienced attorney to help you contend with that corporation’s legal team.
Alternatively, there’s a chance that the party liable for your accident works as a contractor. Contractors aren’t protected from accident liability like W2 employees are. Fortunately, you can work with our team to determine which of these two parties bears the responsibility for your losses – or if a different party was involved in your accident.
Addressing Construction Accident Settlement Offers
If fault for your losses isn’t immediately straightforward, a construction company may try to take action before you can. As such, you may receive a settlement offer from a construction company before you’ve had time to seek legal guidance. It is good practice for construction companies, alongside other businesses, to offer settlements to injured parties.
That said, construction companies are businesses, as are their insurance providers. Both will take steps to undervalue your accident. The settlement offer you receive may not represent the maximum compensation your construction accident case is subsequently worth.
Fortunately, our attorneys know how to recognize an insurance provider’s attempts to undersell your case. We can compare a construction company’s settlement offer against our own estimate of your case’s value. We can then negotiate for additional financial support on your behalf or take your case before a judge.
Filing a Personal Injury Claim After a Construction Accident
You need to submit a comprehensive complaint addressing your construction accident losses if you want the opportunity to fight for compensation. This means that your complaint needs to include evidence to help establish a particular party as liable for your losses. You also need to outline what compensation to which you think you are entitled.
Unfortunately, you have a limited amount of time in which you may take civil action after a construction accident. According to Indiana Code §34-11-2-4, construction accident survivors must bring their claims forward within two years of their accident. Failure to submit documentation of your losses in that time can see you waive your right to legal action.
You don’t have to construct a construction accident claim alone, though. You can work with Indianapolis construction accident lawyers to identify the party liable for your losses and take action against them. Our team can keep you up-to-date on the nature of your encroaching deadlines and ensure you have every opportunity to pursue the damages you deserve.
The Economic Benefits of Your Construction Accident Claim
Pursuing a construction accident claim allows you to do more than enact justice against the party responsible for your losses. These claims specifically help you secure the financial support you need to overcome the economic stress caused by your accident. You have the right, when presenting your case, to demand the following damages from a liable party:
- Property repair, replacement, and/or irreplaceable losses
- Medical expenses, aids, and at-home assistance
- Lost wages and/or opportunities for alternative employment
- Emotional distress
- Mental health restoration
- Pain and suffering and/or mental anguish
- Loss of consortium and/or companionship
- Loss of income
- Wrongful death and funeral expenses
You can work with our attorneys to outline which damages you may be entitled to and how to calculate those losses’ overall value.
Taking Action as an Injured Employee at a Construction Site
There is always a chance that you may suffer an injury at a construction site while working under that site’s protection. Your right to pursue compensation, unfortunately, becomes more complicated if you’re working either as an employee or an independent contractor at the time of your accident. That doesn’t mean that it isn’t possible to secure support, though.
It is in your best interest as an employee of a construction site to pursue compensation for your losses under workers’ compensation. If your employer denies your claim, you can work with our construction accident attorneys in Indianapolis to file a lawsuit with Indiana’s civil courts.
If you work as a contractor with a construction site, the degree of protection offered to you by Indiana’s workers’ compensation laws may not be as comprehensive as you want it to be. Our team can help you understand the nature of your employment and outline what action may be available to you should you want to pursue compensation.
Take Action Against Liable Parties After a Construction Accident
Construction crews have an obligation to protect civilians and one another from undue harm. Crews that engage in unnecessarily reckless behavior can endanger everyone around them, resulting in long-term injury. You, however, can hold a negligent construction crew or related party accountable for your construction site injuries.
Vaughan & Vaughan’s construction accident attorneys in Indianapolis stand with you as you take civil action against negligence after a construction site accident. To learn more about your right to compensation and the nature of liability in construction accident cases, you can contact our team. We’re available to schedule your initial case consultation over the phone or online.