Even if everyone working on a construction site acts responsibly and follows on-site safety procedures, there is always a risk that simple human error could lead to an accident with life-altering consequences. If individual workers or site supervisors violate safety protocols on this kind of worksite, the risk of a catastrophic accident occurring gets even greater, as you may have unfortunately learned the hard way. In both scenarios, you may have grounds as an injured person to seek financial compensation for your injury-related losses, but doing that effectively can be difficult without a seasoned work injury attorney’s support. Fortunately, the help you may need to get the restitution you deserve is available from a Crown Point construction accident lawyer at the Law Offices of David W. Holub.
When Are Construction Companies Liable for Worksite Injuries?
Someone who gets hurt when working on a construction site may have a few different options for seeking financial compensation afterwards, depending on how their injury happened and what their employment status is. The first consideration is a fairly straightforward one: different people may be at fault for causing an accident in the first place, so different people may hold civil liability for it. For example, one accident might stem entirely from one worker violating on-site safety rules, whereas another might stem from a combination of factors like malfunctioning equipment, missing safety gear, and lack of supervision by site owners and managers.
The second consideration involves employment classification. Construction workers designated as employees may qualify for workers’ compensation benefits through their employer if they sustain an injury or illness on the job. As a Crown Point construction injury attorney can further explain, these benefits are available on a no-fault basis and can cover things like medical bills and a significant portion of lost work wages. However, individuals eligible to pursue workers’ compensation benefits through their employer cannot file a negligence claim against that employer for a workplace injury, even when the employer’s actions were solely responsible for causing the harm.
How Comparative Fault Could Impact a Construction Injury Claim
With both personal injury lawsuits and workers’ comp claims, the comparative fault of the person filing the claim—in other words, the amount of fault they hold for causing their own injuries through their own misconduct—may have a substantial impact on how much money they can recover through that claim. Under Indiana Code §34-51-2-6, people pursuing personal injury claims cannot recover any compensation at all if they hold more than 50 percent of the total fault for their accident, and any lesser amount of fault assigned to them will result in a proportional reduction from their final damage award’s value.
However, if a worker causes their own injury through horseplay, on-the-job intoxication, or another form of serious misconduct, the employer’s insurance provider may deny the claim entirely—an outcome which a construction accident lawyer in Crown Point can work diligently to prevent.
Contact a Crown Point Construction Accident Attorney for Help With Your Case
Construction work can be dangerous even on a good day, but that does not mean you just have to accept the risk of a serious injury as an unavoidable part of your job. In fact, you may have much stronger grounds than you think to seek financial compensation after being hurt while performing construction work, especially if you seek help from a knowledgeable legal professional quickly after your accident occurs.
A Crown Point construction accident lawyer from the Law Offices of David W. Holub can be a steadfast ally from start to finish of your unique claim. Contact us today for a free consultation.