Working long, hard hours to support our family may be a part of life. But unfortunately, the workplace is not always without risk. The some 120,000 construction workers in Indiana, many of whom live and work near Evansville, IN, are likely keenly aware of the unique hazards they face daily on the job.
Victims of an Evansville, IN, construction accident often feel the diverse effects of an accident in every part of their lives. Not only may the injury limit their ability to work, but they may also be facing mounting medical bills and other expenses. These aftereffects of a construction accident can easily become overwhelming for both the injury victim and his or her family.
If you or a loved one has been injured in an Evansville, Indiana, construction accident, you are not alone, nor do you need to be. The team at Hensley Legal Group has been assisting injured Hoosiers for over 20 years, and we want to help you and your family as well.
Don’t hesitate to call our legal team today at 317-563-7150 to schedule a no-obligation home or virtual visit. A free consultation with one of our local Evansville, IN, construction accident lawyers can provide you with the resources you need to choose your next steps.
Know Your Rights As a Construction Worker
The State of Indiana has put laws and regulations in place in order to protect workers and keep them safe. And, while many good employers care for their employees’ wellbeing, some workplaces follow unsafe practices and put their workers at risk.
No matter the industry, though, all workers have the right to work in a safe environment. The United States Department of Labor has outlined safety regulations specifically for the construction industry. These regulations cover areas such as fall protection, materials handling, and demolition.
Some of the safety regulations include:
- Employers must provide employees with appropriate head protection
- Employers are responsible for the development of a fire protection program
- Necessary danger signs and symbols must be visible when work is performed
- Employers must ensure all workers using scaffolding receive training from a qualified person
- All tools must be used according to the manufacturer’s recommendations
A formal or informal complaint can be submitted to report unsafe OSHA violations that put workers in harm’s way. An employer cannot retaliate when an employee files an OSHA complaint.
If you are unsure about your rights after a construction accident, contact Hensley Legal Group as soon as possible for a free consultation with one of our attorneys. We care about you and your story, and we can provide you with the advice and guidance you need to move forward.
Workers’ Comp Benefits in Indiana
One of the legal remedies offered for Indiana injury victims is workers’ compensation. These benefits are available for workers who suffered an injury caused by their employment. Workplace injuries can happen after a traumatic event, such as a fall, or an occupational injury that developed over time.
Workers’ comp can provide compensation for medical expenses and lost wages due to the accident, with certain limitations in place depending on the severity of the injuries:
- Temporary Partial Disability: Able to work part-time or engage in light-duty work
- Temporary Total Disability: Unable to work at all for a certain time
- Permanent Partial Disability: Permanently injured, but still able to work
- Permanent Total Disability: Permanently injured and unable to work
Workers’ comp can also provide death benefits for eligible family members when a worker is killed on the job.
At times, though, despite the provision available for workers’ comp benefits, victims may find their claims rejected. The truth of the matter is, most injury victims may be unaware of the regulations and legal procedures of workers’ comp claims. Furthermore, due to the pain and pressure, among other things, victims may unknowingly make costly mistakes that can hurt their claims.
Our lawyers who have experience in handling workers’ compensation claims have the knowledge necessary to properly handle your claim – it’s what we do. When you work with a qualified construction accident lawyer at Hensley Legal Group, you can be sure that your lawyer will investigate your case thoroughly to strengthen your claim and give you a fighting chance to receive the compensation you and your family deserve.
You have options if you aren’t eligible for workers’ comp benefits
While nearly all employers in Indiana are required to carry workers’ comp benefits, these benefits only cover employees, not independent contractors. Since many construction workers are contractors, not employees (as determined by the IRS classification), they may not be eligible to receive workers’ compensation.
If you are an independent contractor who has been injured on the job, that doesn’t mean you cannot receive any compensation for your injuries. If you were injured due to the negligent actions of your employer or an unsafe work environment, you can still receive compensation for your injuries.
A third-party lawsuit can help injury victims receive compensation for damages even if they cannot file for workers’ comp benefits.
Some of the potential compensation available from a third-party claim in Indiana include:
- Lost wages: This can include lost time off work during recovery, or even loss of future earning capacity depending on the injuries
- Medical expenses: This can include the medical bills for ambulatory care, surgical treatment, medications, and rehabilitation
- Pain and suffering: This compensation takes into account the emotional suffering caused by the accident
- Loss of consortium: This compensates the victim’s spouse for losses connected to the accident, including loss of companionship
However, there is an additional step required for a successful third-party lawsuit: proving fault. Unlike with workers’ comp, when an injury victim files a third-party claim, he or she is responsible for proving that the other party’s negligence caused the injuries.
This added legal burden of a third-party lawsuit can be a daunting thought for a victim already coping with recovering from his or her injuries. Many injury victims have benefited from the help and support of a personal injury lawyer in the aftermath of a construction accident. A free consultation with Hensley Legal Group can help you understand your options after a construction accident.
Talk to an Evansville, IN Construction Accident Lawyer Today
Companies often have their own teams of lawyers ready to represent their financial interests by undermining or denying claims. While you might hope that the insurance company will do the right thing, injury victims are often taken advantage of after an accident – the moment they may need to rely on insurance coverage the most.
After suffering an injury in a construction accident, you need someone on your side you can trust. Our experienced personal injury lawyers understand the legal system and have the resources needed to build a strong case.
At Hensley Legal Group, we pride ourselves on a culture of excellence that has been recognized multiple times as being in the top 100 attorneys in America. Our dedicated, compassionate lawyers are available 24/7 to help. Contact us today for a free consultation to learn how we can make a difference for you.