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Proving Fault in Construction Accident Cases

By Matthew Golitko on May 13, 2013

 

Indianapolis Construction AccidentsIf you have been injured on a construction site while in the commission of your job duties, you may have more options for pursuing compensation available to you than you realize. Many injured construction workers believe that the only avenue for compensation is through the workers’ compensation system. While pursuing workers’ compensation is certainly the most common course of action for injured construction workers, it is not the only one, and depending on the circumstances, may not even be the best one.

The Indianapolis workers’ compensation experts of Golitko & Daly can evaluate your case if you have been injured while working on a construction site and advise you of your rights and options. An attorney will help you to understand every course of action open to you so that you can make an informed, confident decision about how to proceed. As a construction worker, you have rights, and it is the duty of attorneys to ensure that those rights are preserved.

Don’t hesitate to contact the Indianapolis workers’ compensation attorneys of Golitko & Daly today for an evaluation of your case if you have been injured while performing your job on a construction site.

Proving Fault in Workers’ Compensation Claims

The issue of negligence doesn’t come into play in workers’ compensation claims. If you elect to pursue workers’ compensation, you are required only to show:

  • That you suffered an injury,
  • That the injury occurred while on the job, and
  • The extent of your injuries.

Although filing for workers’ compensation may seem like a fairly straightforward process, many perfectly legitimate workers’ compensation claims are denied or underpaid. In such cases, an Indianapolis workers’ compensation lawyers from Golitko & Daly can help to ensure that your right to full compensation is properly asserted and protected.

It is worth noting that workers’ compensation will be awarded in an amount that covers actual losses and expenses, as opposed to pain and suffering and other less tangible damages.

Proving Fault in Personal Injury Lawsuits

When Indianapolis construction accidents involve negligence on the part of a third party, such as an outside contractor or the manufacturer of faulty equipment, it may be advisable to file a personal injury claim against that third party in addition to filing a workers’ compensation claim. In such cases, how an attorney would proceed would depend on the circumstances surrounding the case.

If, for example, the responsible party was a person or organization, an attorney would have to establish negligence on the part of that party in order to obtain compensation. In other words, an attorney and plaintiff would have to show that:

  • The party in question owed you a duty of care;
  • In failing to act as a reasonable person or organization would under the same circumstances, that duty was breached;
  • You were injured as a result of this breach of duty;
  • You sustained demonstrable losses and expenses as a result of this injury.

If, however, you were injured by a defective product, the doctrine of strict liability would come into play. In such cases, there would be no requirement to demonstrate a precise act of negligence as the presence of the design or manufacturing flaw is sufficient evidence of negligence in and of itself.

If your injury resulted from extreme negligence on the part of your employer, it may be in your best interests to waive the right to workers’ compensation altogether and file a personal injury claim against your employer. Contact an attorney to learn more about your rights.

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