Worksite injuries are often governed by the Indiana Workers’ Compensation Act, in which case you cannot sue your employer, but must accept workers compensation benefits. However, if you are an independent contractor, or hurt by the employee of another contractor at a work site, and not a co-worker employed by your employer, you may have additional rights and additional parties to sue to recover for the harm you have suffered in a work related accident.
A worker in Indiana who is only entitled to workers’ compensation benefits, generally is only entitled to a portion of wages lost due to the work-created disability, money for permanent impairment, and medical costs and prescription costs. But, if there is a viable claim against a third party, separate from your employer, you may be able to recover workers’ compensation benefits, PLUS recover damages against a third party.
For example, if you are a delivery person hurt on the job delivering to a customer when you fall on a defective sidewalk, you would have a claim for workers’ compensation benefits against your employer, PLUS a claim against the property owner for the defective sidewalk.
Additionally, people who work for railroads are governed by a different type of statutory compensation plan called the FELA.
Whenever you are involved in a worksite injury, your rights are complicated and the smartest thing to do is to consult a construction accident attorney to discuss your legal rights.
If you have been involved in an incident, please call and speak with one of our experienced Merrillville worksite accident lawyers.
Injured Railroad Worker