Even the most safe, responsible construction workers can suffer a significant injury while on the job. Construction sites are dangerous places to work, but that does not clear your supervisors and bosses from the responsibility of ensuring all employees and workers are kept safe. When you are injured on a construction site, you are entitled to seeking proper justice for your injury or injuries. If you have been injured on a construction site in Indianapolis, it is important to contact Attorney Richard Batesky immediately so that you can receive maximum compensation for medical bills, lost wages, and pain and suffering.
Construction site accident lawsuits can be complicated due to the number of different parties who can potentially hold some liability for your accident. Choosing an experienced, aggressive attorney in Indianapolis can help to increase your chance of having a positive outcome for your case.
Construction sites are among the most dangerous work environments in the country and those who work on these sites are at an increased risk of injury or death. If you or a loved one has been injured or killed in a construction accident, you may be entitled to compensation for all damages that are not covered by workers’ compensation.
If you suffered an injury due to the negligence or OSHA violations while working at a construction site, Attorney Richard Batesky will review your case for free. Contact our office today to learn more about the legal rights you have after a construction site injury. We will thoroughly review your case to determine the responsible parties and recover all damages that you are entitled to.
Since an initial case consultation and evaluation of your Indiana construction accident injury claim is free of charge, you have nothing to lose and everything to gain by having us review your claim.
Typically, when a person is injured on a construction site, they may not bring a lawsuit against their employer due to being entitled to benefits provided by workers’ compensation insurance. A worker that pursues worker’s compensation benefits only needs to prove that an injury occurred.
If the claim is accepted, the worker will be entitled to receive workers’ compensation benefits. Often, workers’ compensation claims may be brought in conjunction with claims against third parties to maximize recovery of damages.
Workers’ compensation typically allows an injured employee to:
An experienced attorney in Indianapolis can help you to understand your workers’ compensation claim and the various types of coverage you may receive.
When you are injured on a construction site, you may be able to pursue a personal injury claim against third parties whose negligence directly resulted in your injury. Workers’ compensation covers medical costs and lost wages, but it may lack in covering all expenses associated with your injury.
Personal injury claims associated with construction accidents are typically against people and businesses who are on the construction site but do not work for the general contractor. The third parties are usually equipment manufacturers, utilities, vendors, or contractors. Defective safety equipment and poor management can lead to:
Attorney Richard Batesky has been fighting for construction accident victims for nearly 30 years. Contact us today to make sure that you get the compensation that you deserve.
Construction workers use many tools, materials, and machines to help them complete their jobs. Construction sites are dangerous enough even with all equipment in safe working order. When the equipment that workers are using fails, there may be a claim for product liability. In order to pursue a claim, it must be shown that the equipment and machinery was defective.
Any party in the distribution chain, from the designer to the manufacturer can be held responsible for the injury. There are a number of product liability claims that a worker can claim such as:
These cases can be very complex and proving that the product was defective can be difficult. If you have experienced an injury on a construction site as a result of a defective product, contact Indianapolis Attorney Richard Batesky today!
When a construction worker dies as a result of an injury sustained on the job, their family members are entitled to seek compensation. OSHA has determined the most common causes of death on construction sites and has dubbed them the “fatal four.” These four scenarios account for nearly 60% of all construction fatalities. These include:
Even if there is no negligence, the family of the worker who was killed can still receive workers’ compensation death benefits. These benefits are helpful, but are often not enough for the loss of wages that a family suffers. If a worker is killed as a result of unsafe work conditions, the employer or contractor may be held legally responsible. The worker’s gamily may be able to sue third party company’s who may be partly responsible for the death including equipment manufacturers, subcontractors, and the property owner. If you have lost a loved one due to negligence on a construction site, contact Attorney Richard Batesky to fight to get the compensation you deserve.
When your attorney files a lawsuit, your case has officially begun. An experienced attorney in Indiana will notify the court and the defendant that a personal injury case has been filed and that they are your counsel. The defendant is required to send an answer to acknowledge that the case will be proceeding.
After a lawsuit is filed, the defendant has the opportunity to answer. This includes presenting their evidence and accounts of the incident that occurred. After the defendant has answered, the process typically moves to the discovery phase.
The investigation and process of gathering information are included in the discovery phase of your lawsuit. This is where attorneys depose the plaintiff and the defendant to gather all evidence to present a solid case in court. Your attorney will prepare you for the deposition ahead of time and will always be present to prevent you from answering unfair or irrelevant questions.
Often, insurance companies choose to settle cases before going to trial since settlement is far less costly than litigation. After the discovery phase, the attorneys on both sides of the case will determine whether a settlement can be agreed upon. If no agreement can be reached or you attorney feels that you are not receiving maximum compensation, then your case will go to trial.
If no settlement can be reached, the case will proceed to trial. Construction accident injury claims can take months or years to settle or resolve. Evidence requests, schedule conflicts, and other conflicts may arise that push your trial date. An experienced attorney will keep you informed and do his best to expedite proceedings so that you can be compensated for your loss.
Yes. You have the legal right to file a lawsuit again any third party to receive additional compensation to recover damages. If you win your lawsuit, you can still receive workers' comp benefits in addition to the funds you receive through a settlement or jury trial award.
An experienced attorney can help you determine whose negligence resulted in your injuries. All cases are unique and determining who you can sue will likely require a careful review of the facts and an investigation into the incident that will be conducted by your lawyer.
Typically. injured employees are barred from filing a lawsuit against an employer even when negligence is involved. In most cases, you are legally limited to receiving workers' compensation benefits through your employer. There are exceptions when employer's conduct was terrible that your lawyer can prove your manager/superior had reckless, wanton disregard for your safety.
Your attorney will make sure that you are receiving all available workers' compensation benefits as a part of your recoverable damages. Damages can also include medical expenses, lost wages, earning potential, and pain and suffering.
It is possible for a subcontractor to file a lawsuit against the owner or general contractor, depending upon the accident itself. If either party was negligent or failed to maintain a safe and hazard-free work environment, they may be held liable for your injuries. It may also be possible to file a lawsuit if your injury was the result of design defects or improperly maintained equipment.
If you have sustained an injury on a construction site, the first step is to receive medical attention as soon as possible. It is important to have records of all injuries and begin treatment immediately. Write down your account of the accident and take photos of the accident scene. Contact an experienced Indianapolis construction accident attorney to preserve evidence and begin legal proceedings.
Electrocution is common on construction sites due to high voltage wires, extension cords, and improper grounding.
Scaffolding is used on many construction sites in order to safely reach high areas and have free access to move. Falls from these scaffolding happen due to faulty equipment and failure to follow safety procedures.
Heavy equipment and machinery is almost always used on construction sites to help move material and build structures. These machines can cause serious danger when they are not operated properly or they are defective.