Should I Speak with a Lafayette Construction Accident Lawyer to Determine Who’s at Fault After a Construction Accident?

May 22, 2025

The men and women of the construction industry are already hard at work building the Lafayette of tomorrow, yet this feat must be accomplished under some of most dangerous employment conditions today. Luckily, you may have grounds for a personal injury case when somebody else is responsible for your Lafayette construction accident, and partnering with a skilled attorney could increase your chances of identifying who that is. Hensley Legal Group discusses the value of seeking legal assistance if you are asking yourself “Should I speak with a Lafayette construction accident lawyer to determine who’s at fault after a construction accident?”

Workers’ Compensation Claim or Personal Injury Case?

Before going over the importance of determining who is at fault for a Lafayette construction accident, it should be noted that injured employees in Indiana are chiefly reimbursed under a state workers’ compensation system that is largely “no fault” in nature. Basically, as long as a claimant’s injury or illness arises “out of or in the course of employment,” he or she should be eligible to receive certain benefits regardless of who may have been to blame for it.

Not having to prove that another individual or entity caused a work accident in order to qualify for benefits could offer distinct advantages to an injured employee, though workers’ compensation claims4 pose some distinct disadvantages as well. Most critically, the benefits that may be available are usually capped by various aspects of a claimant’s employment, such as income, which could sometimes result in frustratingly low levels of compensation for financially catastrophic injuries.

However, if a work injury is brought about by a defendant with whom the worker has no direct employment relationship, pursuing a personal injury or third party case against that defendant could be a viable alternative. Indeed, personal injury cases are quite common for accidents that take place on construction sites, where multiple tradespeople routinely labor side by side towards a greater goal. Depending upon the circumstances leading up to your Lafayette construction accident, the defendants could include the:

• Property owner
• Project developer
• General contractor, contractors, and subcontractors
• Manufacturers, distributors, and retailers of deficient tools and equipment
• Government agency with authority over a space under construction

Because this sort of case is not typically limited by the terms of employment, it could potentially put more money in the victim’s pocket. But unlike a worker’s compensation claim, fault must be shown on the part of the defendant, a task that can be especially challenging thanks to the complexity of construction work – a complexity that an insurance company may exploit to minimize or even deny its insured’s liability.

How a Lafayette Construction Accident Attorney Can Help

The deck can be stacked against you if you attempt to get justice in the wake of a Lafayette construction site injury, but you can deal yourself a winning hand by inviting a seasoned Lafayette construction accident attorney to the table.

While this may be your first construction accident, it definitely won’t be the first for your lawyer, who should be better able to fend off the tricks and tactics that might otherwise be deployed against you, a key reason why 85 percent of the funds that insurers pay out go to claimants with attorneys.

A knowledgeable Lafayette construction accident lawyer will begin by conducting a thorough investigation into your construction injury and the defendants who contributed to it, then establish valid claims against them all and possibly file a lawsuit too within the time allotted by law.

Your attorney will also act swiftly to secure any evidence of construction site negligence, legally intervening to prohibit relevant defects from being repaired when the situation warrants it. Upon assembling an airtight Lafayette construction accident case against each of the defendants who hurt you, your lawyer will enter into exhaustive settlement negotiations with their insurance carriers.

Frequently, a generous offer may be proposed so that a worse verdict can be avoided at trial, but a battle-tested litigator will be indispensable if a trial becomes necessary, since plaintiffs who represent themselves in court lose about 96 percent of their cases. In contrast, plaintiffs who retain professional representation prevail more often than not, a statistical edge that you can only enjoy once you have joined forces with a capable attorney.

Get in Touch with Our Lafayette Construction Accident Lawyers

Hensley Legal Group has been advocating on behalf of wrongfully injured Hoosiers like you for more than 25 years. If your life has been turned upside down by a major construction site injury in the Lafayette area, get in touch with our Lafayette construction accident lawyers to learn what they can do to set things right again.

To schedule a free consultation with a dedicated Lafayette construction accident attorney, just call us at (317) 472-3333, chat with us online, or fill out our contact form now.