Construction Accidents

Indianapolis Construction Accident Attorneys

The construction industry is rated as one of the most dangerous industries to work in the United States. Every year, thousands of construction workers are killed or injured due to accidents. When the cause of such accidents is due to negligence on the part of a building company, a contractor, a fellow worker or any other party present involved in the construction project, then as a victim, you have the right to sue for compensation.

At Ladendorf Fregiato & Bigler, our Indianapolis construction accident lawyers have a perfect understanding of the ins and outs of Indiana construction law. As such, you can rely on our legal advice and representation when seeking full compensation if you are a victim of a construction injury. We will guide you through the steps of the legal system, answer your questions about construction injuries and protect your best interests. Call 317-842-5800 for a free consultation.

Your Legal Options After a Construction Accident

Most injured construction workers know they can file a workers’ compensation claim. What many don’t know is that workers’ comp may not be your only option — and in Indiana, it’s not always your best one.

Workers’ compensation covers medical treatment and a portion of your lost wages, and you don’t need to prove anyone was at fault to receive those benefits. But workers’ comp does not cover pain and suffering, and it won’t account for the full economic impact of a serious permanent injury.

An important note: If you’re an independent contractor, like many construction workers, you will likely not be covered by workers’ compensation. However, some employers miscategorize their employees as an independent contractor when you’re actually an employee. Our lawyers can help you determine if your employer has categorized you correctly and whether you should be covered under workers’ comp — give us a call at 317-842-5800 for a free consultation.

A third-party personal injury claim is available when you’re an independent contractor, or when someone other than your employer contributed to your accident. On a typical construction site, that could be:

A general contractor who failed to maintain safe working conditions
A subcontractor whose crew created a hazard
A property owner who knew about a dangerous condition and didn’t address it
An equipment manufacturer whose product was defective

A third-party claim allows you to pursue compensation that workers’ comp doesn’t cover, including pain and suffering, full lost earning capacity, and other non-economic damages.

The two claims aren’t mutually exclusive. You can pursue workers’ comp benefits and a third-party lawsuit at the same time. Whether that makes sense in your situation depends on the specific facts of your case, which is why the first call matters.

Common Construction Accident Scenarios

Construction accidents happen for different reasons, and who’s liable often depends on exactly how the accident occurred. OSHA identifies four leading causes of construction fatalities: falls, being struck by objects, electrocution, and caught-in/between accidents. Together, these account for the majority of construction worker deaths each year.

The injuries that come out of these accidents aren’t minor. A fall from scaffolding, a crane or equipment malfunction, a trench collapse — these produce the kinds of injuries that require surgery, long-term rehabilitation, and in some cases result in permanent disability. The stakes in a construction accident case tend to be high. That’s exactly why getting the legal strategy right from the start matters.

Some of the most common situations we see:

Falls from height: Scaffolding collapses, unsecured ladders, unprotected floor openings, and aerial lift accidents. Depending on whether the fall was caused by faulty equipment, an unguarded hazard, or a subcontractor’s failure to follow safety protocols, the responsible party may not be your direct employer.

Falling objects: Tools, materials, and debris dropped from upper floors or unsecured loads cause serious head and spinal injuries. Hard hat requirements and overhead protection standards exist for a reason. When they’re ignored, someone is accountable.

Equipment and machinery accidents: Cranes, forklifts, heavy machinery, and power tools malfunction, and sometimes they were defective to begin with. Product liability may be part of the picture when the equipment itself was the problem.

Electrocution and electrical injuries: Exposed wiring, contact with power lines, and improper lockout/tagout procedures are leading causes of construction fatalities or burn injuries. OSHA violations here are common.

Trench and excavation collapses: Cave-ins are fast and often fatal. OSHA trenching standards require protective systems above certain depths, and when those standards aren’t followed, the consequences can be severe.

Toxic exposure: Asbestos, silica dust, chemical fumes, and lead are present on many job sites, particularly in renovation and demolition work. Some exposure injuries develop over time rather than from a single incident.

What LFB Does Differently

Two things matter in a construction accident case: identifying every party who shares responsibility for what happened, and making sure the full value of your claim is accounted for.

Injuries sustained at construction sites can sometimes be very complex, involving multiple defendants, multiple plaintiffs, third-party defendants, claims, and counter-claims. Due to this, aggressive and thorough representation is necessary to ensure that none of your rights are violated and that you get compensation that is commensurate to the sustained injuries. LFB has the experience and expertise to fight for you.

A lot of firms handle workers’ comp. Fewer handle the civil side, and fewer still do both while also negotiating the medical liens and bills that come out of a serious injury. At Ladendorf Fregiato & Bigler, we don’t hand clients a settlement check and leave them to sort out what they owe. We negotiate medical liens as part of the case, and we don’t take a fee larger than what you walk away with. Learn more about our fee structure here.

We’re also a small firm. That means you talk to an attorney, not a case manager, and we’re available for home or hospital visits when you’re not in a position to come to us.

Answers To The Complex Questions in Construction Accidents

Can I sue if I’m already receiving workers’ compensation? In most cases, yes — but not against your employer directly. Indiana’s workers’ compensation system provides an exclusive remedy against your employer, meaning you generally can’t sue them in civil court. However, if a third party — a general contractor, subcontractor, property owner, or equipment manufacturer — was responsible for your accident, you can pursue a civil claim against them while also receiving workers’ comp benefits. Those two tracks can run simultaneously.

What if I’m an independent contractor, not an employee? Workers’ comp typically only covers employees. If you were classified as an independent contractor at the time of your injury, you likely aren’t entitled to workers’ comp — but you may have stronger options in civil court, since the exclusive remedy limitation doesn’t apply in the same way. How you were actually classified (not just how your contract reads) matters here.

What if I was partially at fault for my accident? Indiana follows a modified comparative fault rule. As long as you were less than 51% at fault, you can still recover damages — though your recovery is reduced by your percentage of fault. In a workers’ comp claim, fault generally isn’t a factor at all. In a third-party civil claim, it can be, which is why how the accident is investigated and documented matters from the start.

What does OSHA have to do with my case? OSHA violations by a contractor or employer don’t automatically create liability in a civil case, but they’re relevant evidence. A documented OSHA violation can support your claim that someone failed to maintain a safe worksite. We look at OSHA records and any inspections or citations related to the site as part of evaluating a construction accident case.

How long do I have to file a claim? In Indiana, the statute of limitations for a personal injury claim is generally two years from the date of the accident. Workers’ comp has its own deadlines, including requirements to report the injury and file claims with the Indiana Workers’ Compensation Board. Construction accident cases also often involve evidence that disappears quickly — site conditions change, equipment gets repaired or removed, and witnesses become harder to locate. The sooner you speak with an attorney, the better position you’re in.

What if a family member was killed in a construction accident? Construction fatalities are, unfortunately, not uncommon. If a family member died as a result of a construction site accident, you may have a wrongful death claim in addition to any workers’ comp death benefits available. Learn more about wrongful death claims in Indiana.

What are some of the dangers of a construction job?

Workers of all varieties face serious injuries at construction sites of all kinds. Some of the most hazardous threats include:

Machinery malfunctions
Scaffolding accidents
Falling objects
Caught between objects
Burns
Lacerations
Broken bones
Exposure to toxic substances

Any one of these could damage the long-term health of a construction employee.

Am I entitled to workers’ compensation?

Most employers in Indiana are required by law to have workers’ compensation insurance. If your injury occurred at your workplace or while you were on the clock – even on an unpaid break – you may have the right to workers’ compensation. You may also have a personal injury case.

Does fault matter? What if someone else was responsible for my accident?

In workers’ compensation cases, fault does not affect your right to recover compensation. The purpose of workers’ compensation is to pay workers’ damages from on-the-job accidents. Even if your actions contributed to the incident, your employer’s insurance could likely still cover you.

If you’re partially at fault for causing your own injury it can affect your ability to recover from a liable third party. That’s why it’s important to speak to an attorney experienced at investigating complex cases and navigating the Indiana law of comparative fault.

How much is my case worth?

There is no way to determine the value of your claim without speaking to an attorney in person. When you contact us at Ladendorf Fregiato & Bigler, one of our team members can sit down with you to discuss particulars. We will give you an honest evaluation of what to expect from your case.

If you’ve been hurt on a construction site in Indianapolis or anywhere in Indiana, call us.

We offer free consultations, and we’re available evenings and weekends. If you’re not able to come to us, we’ll come to you. There’s no fee unless we recover compensation for you. Call 317-842-5800 to discuss your case.