September 23, 2015
Who’s Responsible for Your Construction Accident Injury?
Category: Claims & Defenses | Author: | Share:
When you’ve been hurt on the job, you may be surprised at how quickly expenses add up. This is particularly frustrating if you are victimized by an injury that isn’t your fault. Trying to get compensation to take care of your injuries may seem overwhelming.
If this situation sounds familiar, please contact one of the Indianapolis construction accident lawyers at Price Waicukauski Joven & Catlin, LLC. Our attorneys are experienced in uncovering who is responsible for your injury and they know how to obtain the just compensation you deserve.
Construction Accident Injuries
Construction accident injuries can be devastating. Since your work may involve large machines, powerful tools, heavy materials, high load bearing, sharp edges and extreme heights, getting hurt can be much more serious than it may be in another profession or trade.
The risks you encounter may involve loss of limbs, permanent disfigurement, brain injuries or death. High-risk or emergency surgeries may be necessary.
Going back to work after these injuries is almost always impossible in the short term. For many workers, a serious injury ends their career and may even result in an inability to work anywhere.
Of course, the most serious injury a construction worker may suffer is death. If a construction worker dies as the result of a construction accident, it may suddenly hit you that you have relied on his or her wages for years.
Was the accident the result of unsafe working conditions? If so the injuries suffered may not be your fault and you may be eligible for compensation from parties responsible for providing a safe environment for you to work in.
Our attorneys are here to help you obtain the compensation you need to pay for medical costs, post-injury care, lost wages or wrongful death. These expenses may include:
• Emergency response
• Hospital stays
• Medical devices
• Physical therapy
• In-home care
• Lost wages
• Future lost wages
This is why working with experienced lawyers like ours is crucial to your claim. Without adequate representation, you may find that the responsible parties will blame you for your injuries and they may get away without paying you.
Who Owes You Compensation?
Indiana law provides certain compensation for certain types of injuries. Beyond this, we may have civil claims against other entities, too.
Quite often, you, as an employee, may have worked for a contractor or a subcontractor who works onsite for clients. Depending on the terms of your employment, you may have a workers’ compensation case that goes through an insurance carrier. Another legal option is for us to sue the contractor or subcontractor directly.
Additionally, these jobs may occur at architectural building sites, manufacturing plants, production facilities, power plants, drilling sites, municipal buildings or other settings. The location of the injury can make a difference as to who can be held responsible. This is called a premises liability claim and it means the party responsible for the premises failed in their duty to keep you safe.
Part of making sure we can best serve you is identifying who exactly is responsible for your injuries and to what extent they are responsible.
In Indiana, the courts follow a rule of modified comparative fault. This means if the court decides you are more than 50 percent responsible for the accident, you will not recover any money. If you are found to be responsible, but less than 50 percent, the court will reduce your award in proportion to your fault.
Since these cases can involve multiple parties and those parties have an interest in shifting responsibility to you, we encourage you to contact an experienced construction accident attorney at Price Waicukauski Joven & Catlin, LLC if you’ve been injured on the job.