Reacting to a Construction Accident
In the immediate hours and days following a construction accident, you need to follow the guidance of medical and on-site professionals to the letter. These parties know how to best initiate your recovery. Only after you’ve had time to process your accident should you take legal action. Once you decide to move forward, though, you need to move quickly. According to Indiana Code §34-11-2-4, you have two years to take action in civil court after a construction site accident. You cannot file a personal injury claim demanding damages for your losses outside of this deadline. It’s with that deadline in mind you may consider requesting that an attorney oversee your case. When you have to stay on top of doctor’s appointments, your job, and your recovery, it’s nice to have someone else keep track of your legal deadlines for you. Construction accident lawyers in Monticello can not only track your deadlines, but we can also make those deadlines easier to meet.Gathering Evidence to Declare Liability
If you want to demand construction accident damages from the party liable for your losses, you must have the means to prove to a judge that a named party:- Was expected to behave reasonably at the time of your accident
- Failed to behave reasonably, thus violating the duty of care owed to you
- Engaged in negligence that resulted in your economic and non-economic losses
Construction Crews, Independent Contractors, and Liability
While the evidence may indicate that a certain party has to take responsibility for your losses, a contract may get in the way of your right to bring that party to civil court. Specifically, the kind of contract an at-fault employer has with a construction agency can change to who you direct your demand for damages. Construction crew employees operating on 1099s can rely on their providers to help protect them from personal injury claims. If you get into a construction accident caused by a 1099 employee’s negligence, you may have to name that employee’s employer as liable for your losses. Comparatively, independent contractors are responsible for their own misconduct. If the person who caused your construction accident works on a W-9, you can name that individual as a liable party on the complaint you file with a Monticello court.The Question of Workers’ Compensation
If you’re an employee injured in a construction accident, your position within your company may give you the right to file for workers’ compensation. Indiana requires its employers to offer employees workers’ compensation, but companies only have to extend that offer to W2 staff members. Independent contractors often don’t benefit from workers’ compensation coverage. With that in mind, make sure you understand what rights a company affords you prior to filing a construction accident workers’ compensation claim. If you can move forward, inform your supervisor of your injury in writing. Make sure that your employer files an Employer’s Report of Injury form, then let an insurance provider value your case. Should you feel an insurance provider undervalues your case or if you have your request for workers’ compensation denied, come to a personal injury attorney. Vaughan & Vaughan can help you take up a civil complaint against an employer or provider who won’t facilitate your post-accident recovery.Using Evidence to Calculate a Case’s Value
The evidence our team brings forward to establish liability in your case can pull double duty. You can similarly rely on this data to help you establish an estimate of the damages you deserve after your construction accident. You can work with an attorney to calculate the sum of the bills your accident generated as well as the value of your non-economic losses before presenting your estimate to a civil judge. This estimate can cover your:- Medical expenses
- Long-term professional care
- The restoration of damaged property
- Replacement of damaged property
- Lost wages
- Lost time looking for alternative work
- Emotional distress
- Mental anguish
- Pain and suffering