Indiana Construction Liability Laws – Legal Reader

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Defective products can also play a role in the occurrence of injuries on construction sites.


Liability on a construction site is important to understand, as these sites often present hazards that can cause damage if one party behaves negligently. For ordinary people who are just passing through and sustain an injury on or near a construction site, the construction company can be held liable for their negligence through a personal injury lawsuit.

However, suppose the victim of the injury is an employee of the construction company. In this case, the only remedy is workers’ compensation unless the party responsible for the damaging accident is a third party who is not the victim’s employer. Lawsuits offer several additional benefits over workers’ compensation. Yet these benefits can only be realized if the injury victim files a lawsuit in an Indiana court within the two-year period allowed by the statute of limitations.

How to Get Compensation for a Construction Accident in Indiana

If you were recently injured on a construction site, there may be more than one path to redress for your injuries. This will depend on why you were present at the site and who was responsible for the accident.

If you were just a bystander or bystander and were legally on or near the construction site when the accident happened, you can sue the responsible party the same way you could sue a homeowner. for negligently failing to face a danger on his property. .

However, this subject becomes a little more complicated when the victim of the injury is a construction worker. Under Indiana law, employees generally cannot sue their employer for negligently causing an accident that injures them. Rather, the exclusive remedy in these situations is workers’ compensation insurance. Construction site employers are generally required by Indiana law to provide workers’ compensation coverage to their employees.

However, you should be aware that not all accidents that occur on a construction site are the fault of the site management. Suppose a third party who did not employ the victim is liable for negligently causing the injury. In this case, the victim can take legal action against that third party rather than seeking workers’ compensation benefits.

Determine who is responsible for a construction accident in Indiana

To identify where legal action is available as an option for your recovery, you will need to consider what caused the accident that injured you. Several types of circumstances may suggest that the responsibility lies with a third party.

Construction site management companies often contract with other entities to provide inspection, installation, or equipment rental services. The terms of this subcontract should indicate which party has certain responsibilities.

Scaffolding in front of the house; image by Brett Jordan, Unsplash.com.

For example, if a construction company uses a scaffolding company to erect structures on site that its workers will use, the scaffolding company is responsible for ensuring that the scaffolding is installed correctly and can be used safely. If the construction company leases heavy machinery from another entity, that entity is responsible for ensuring that the products it supplies are well maintained and functioning properly.

Defective products can also play a role in the occurrence of injuries on construction sites. To use the same examples above, scaffolding constructed with inferior materials can collapse, causing injury and creating liability for the manufacturing company. Faulty heavy machinery can malfunction and put the workers who use it at risk.

In each of these situations, the injured worker can likely get out of Indiana’s exclusive remedy rule and sue in court rather than having to file a workers’ compensation claim. However, it can be difficult to identify where a valid workers’ compensation claim exists without the help of an Indianapolis construction accident attorney.

Benefits of a Workers’ Compensation Lawsuit in Indiana

After reading about the different situations that may allow for a lawsuit instead of a workers’ compensation claim, you might wonder why this is so important. The reality is that lawsuits offer levels of compensation to injury victims that workers’ compensation benefits simply do not.

Workers’ compensation benefits are subject to policy limits. Construction companies must provide workers’ compensation coverage that meets state minimums, but they are not required to go beyond that. Therefore, if you are injured and dependent on workers’ compensation, the policy that applies to you may not cover all of your economic losses and may not last as long as your injury.

On the other hand, lawsuits result in damages, which are determined by a judge and not by the limits of the insurance policy. Additionally, courts will award non-economic damages in a workplace injury lawsuit. These damages are intended to compensate the injured party for their pain and suffering in addition to their financial harms such as medical bills and lost wages.

Statute of limitations for a construction accident injury lawsuit in Indiana

If you have the ability to file a complaint, you should identify it as soon as possible. This is because the state of Indiana places a time limit on your ability to file. This period, also known as the limitation period, is two years and generally begins to run on the date you suffered your injury. Contacting a South Bend personal injury attorney early on can help you avoid a situation where you miss the opportunity to file a case.

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