The top-rated Indiana Law Office of William W. Hurst has represented hundreds of construction workers injured on the job as a result of the fault of employees of contractors (other than co-employees). Our office has represented workers hurt during highway construction, residential and commercial building construction, on site chemical burns, and construction collapses to name a few.
OSHA reports the most common source of construction site accidents is falls. Falls from one level to a lower level accounted for the highest number of fatal injuries among construction workers. Highway construction accidents account for the next highest number despite laws criminalizing negligent driving in highway construction zones.
The most common OSHA citations are for fall protection, hazard communication, scaffolding, respiratory protection, electrical wiring, power and industrial trucks, ladders, control hazards, electrical systems, design, and machine guards. Often these accidents result in severe and disabling injuries. Over 300 workers were killed on the job in 2012.
In Indiana a legal assessment must be made as to whether a civil suit for negligence can be pursued. Under Indiana law a worker hurt on the job cannot sue his employer for on-the-job construction site injuries. Workers compensation is the exclusive remedy in such a case. However, if it is shown that another party (not a co-employee), including general contractors, architects, manufacturers, property owners or subcontractors did something to cause the accident then these parties may be legally pursued for their wrongdoing. In such a case the workman may be able to obtain traditional tort remedies such as medical expenses, wage loss, pain and suffering which are typically not available under the Indiana Workers Compensation laws.
There are multiple parties (contractor, owner, subcontractors) that may be liable in a construction site accident case. It is the job of the personal injury lawyers to determine which parties may have been negligent in causing injury. The owners, contractors and subcontractors have a duty to maintain the construction site in a safe condition and work for workmen at the construction site. There are many ways that various entities engaged in construction can be liable and therefore it requires an experienced personal injury lawyer to make that legal assessment after there is a complete investigation of the facts concerning the particular event.
The experienced construction injury lawyers at the Law Office of William W. Hurst are available to discuss your case free of charge with no obligation. You may contact us for a free consultation and we only charge a fee if you recover. If you wish to consult on the phone please call 1-800-636-0808.