TRUSTED CONSTRUCTION ACCIDENT ATTORNEYS
A serious injury on a job site can leave you worried about your paycheck, your family, and whether you’ll ever do the same work again. An Indianapolis construction accident attorney from Hurst Limontes can look beyond employer benefits and identify every other party whose carelessness contributed to your injury.
We’ve represented injured Hoosiers since 1981, including construction workers hurt by contractors, subcontractors, and property owners who ignored safety rules. Call (317) 636-0808 any time for a free consultation, or fill out our online form to get started.
Quick Navigation Menu
- Why Choose Hurst Limontes?
- Can You Sue for a Construction Accident in Indiana if You Already Have Workers’ Comp?
- Who Can Be Held Responsible for an Indianapolis Construction Accident?
- How Much Is My Indianapolis Construction Accident Case Worth?
- Most Common Locations for Construction Accidents in Indianapolis
- Types of Indianapolis Construction Accidents
- What Are the Most Common Injuries in Indianapolis Construction Accidents?
- Fighting the Insurance Company in an Indianapolis Construction Accident Case
- 3 Steps to Take After a Construction Accident in Indianapolis
- How Long Do You Have to File a Construction Accident Lawsuit in Indiana?
- FAQs: Indianapolis Construction Accident Attorney
- Consult With an Indianapolis Construction Accident Lawyer Today
Why Choose Hurst Limontes?
The Indianapolis construction accident lawyers at Hurst Limontes focus on injury cases and understand how third-party construction claims fit alongside employer benefits.
In one case, we secured a $5,500,000 settlement for a father of four who was permanently injured after falling into an open, unmarked elevator shaft at an apartment construction project in Bloomington, where the general contractor had violated numerous safety standards.
When you work with us, you can count on:
- Free consultations: You can learn your options at no cost.
- 24/7 availability: We answer questions when you have them.
- Trial preparation: We’re always ready for trial.
Every case is different, and past results do not guarantee a similar outcome. Call (317) 636-0808 to talk with our team about your construction injury.
Can You Sue for a Construction Accident in Indiana if You Already Have Workers’ Comp?
Indiana’s workers’ compensation system generally bars you from suing your own employer, but it doesn’t stop you from suing a negligent third party on the site, such as a general contractor, another subcontractor, or the property owner.
Indiana law expressly preserves an injured worker’s right to bring a claim against someone other than the employer. That third-party claim is separate from employer benefits, and it can cover losses that those benefits never will.
Here’s how the two paths differ:
| Question | Employer Benefits | Third-Party Injury Claim |
|---|---|---|
| Who pays? | Your employer or its insurance company | The negligent contractor, subcontractor, owner, or driver, usually through their insurer |
| Do you have to prove fault? | No | Yes |
| Lost wages | A portion of wages, subject to state limits | Full lost earnings and lost future earning ability |
| Pain and suffering | Not available | Available |
You can receive workers’ compensation benefits while pursuing a third-party claim, but the two can affect each other. Your employer or its insurer may have a right to reimbursement from your third-party recovery. Hurst Limontes can review those obligations and account for them when negotiating your claim.
Who Can Be Held Responsible for an Indianapolis Construction Accident?
Most construction sites have many companies working side by side, and each one has its own safety duties. Construction-site evidence can disappear quickly as work continues. Our attorneys can take steps to preserve surveillance footage, equipment maintenance records, and contractor documents that help establish who was responsible for your injury.
Depending on how the accident happened, responsible parties may include:
- General contractors: They often control site safety, scheduling, and fall protection across the whole project.
- Other subcontractors: A different trade’s crew may leave openings uncovered, drop materials, or run equipment carelessly.
- Property owners and developers: Owners who keep control over parts of a site can be responsible for hazards there.
- Equipment rental companies: A company that failed to inspect or maintain a crane, lift, or scaffold it supplied may share blame.
- Outside drivers: Motorists who speed or text through road work zones can strike workers or equipment.
Contracts between these companies often decide who controls what. We review those agreements, safety plans, and inspection records to find every source of recovery.
How Much Is My Indianapolis Construction Accident Case Worth?
If you suffered an injury in a construction accident in Indianapolis and someone other than your employer was at fault, you may be eligible to file a third-party personal injury claim. This type of claim can provide compensation that goes beyond what is available through workers’ compensation.
The amount you can receive depends on the severity of your injuries, how the accident happened, and how your life has been affected. You can pursue damages for economic and non-economic losses in a third-party claim.
Economic Damages
Economic damages cover direct financial losses like lost income, future lost earning capacity, medical expenses, and out-of-pocket expenses related to your injury.
For example, if you suffered an injury because of a negligent contractor, subcontractor, or equipment manufacturer, you may recover earnings you missed during your recovery and any future earnings you’ll lose if you can’t return to the same kind of work.
Non-Economic Damages
Non-economic damages are just as important. These include pain and suffering, emotional distress, and loss of enjoyment of life. If your injuries caused chronic pain, anxiety, depression, or made it impossible to participate in activities you once enjoyed, you may be compensated for that impact. Indiana does not cap these damages in most personal injury cases.
Punitive Damages
In certain cases, punitive damages may also be awarded to punish especially reckless or malicious conduct by third parties. Indiana limits punitive damages, and only a portion goes directly to the injured person.
Most Common Locations for Construction Accidents in Indianapolis
In Indianapolis, construction accidents caused by third-party negligence can happen at a variety of worksites throughout the city. These incidents often occur in busy or high-risk areas where contractors, subcontractors, or equipment suppliers fail to follow safety protocols.
Commercial Sites
One of the most frequent locations for construction accidents in Indianapolis is on large commercial construction sites, such as downtown high-rises or office buildings. These projects often involve multiple companies working side by side.
When one contractor doesn’t follow proper safety procedures, like securing scaffolding or controlling debris, it can put everyone on the site at risk. Third-party negligence in these settings may include failing to follow safety standards from the Occupational Safety and Health Administration (OSHA), ignoring hazard warnings, or using defective equipment.
Highway and Road Construction
Highway and road construction zones are also common locations for serious accidents. Throughout Indianapolis, major roadways like I-65, I-70, and I-465 are often under construction. Third-party drivers who speed or drive distracted through these zones can strike workers or cause vehicle collisions with construction equipment.
Additionally, outside contractors hired for paving, traffic control, or heavy machinery work can be held responsible if their mistakes lead to injury.
Industrial Areas
Industrial areas like those on the city’s south side or near the Indianapolis International Airport are also common accident sites. Construction in these areas may involve warehouse expansions or manufacturing plant upgrades, where subcontractors may improperly install equipment or mishandle electrical work.
A third party’s carelessness in these situations can easily result in electrocutions, fires, or machinery malfunctions.
Residential Sites
Residential construction sites in developing neighborhoods around places like Fishers, Carmel, and the outskirts of Marion County can also present dangers. Subcontractors working on roofing, plumbing, or framing who don’t follow proper safety guidelines may cause falls, crush injuries, or exposure to hazardous materials.
No matter where the accident occurs in Indianapolis, third-party negligence can lead to serious harm. When another company or individual is responsible for your injury, you may be entitled to file a claim or lawsuit and pursue compensation for your losses.
Types of Indianapolis Construction Accidents
In Indianapolis, construction accidents caused by third-party negligence can take many forms. These accidents often happen because contractors, subcontractors, or equipment manufacturers fail to follow safety rules, use faulty equipment, or ignore warning signs.
An Indianapolis construction accident lawyer can investigate these incidents to determine who caused the hazard and whether a third-party claim is available.
Common types of construction accidents include:
- Falls: Unsafe scaffolding, ladders, roofs, or missing fall protection can lead to serious injuries. After a fall on a construction site, an attorney can investigate who was responsible for the unsafe conditions.
- Falling objects: Tools, materials, or debris dropped from heights can seriously injure workers below, even when they’re wearing hard hats.
- Equipment accidents: Careless operators, poor maintenance, or faulty machinery can cause crushing injuries or other serious harm.
- Electrical accidents: Improper wiring, unmarked live wires, or ignored safety rules can cause shocks, burns, or electrocution.
- Trench collapses: Excavations without proper shoring can collapse, trapping workers beneath soil or debris.
When someone you can legally sue caused the accident, a lawyer can identify the responsible party and pursue a personal injury claim in addition to any workers’ compensation benefits.
What Are the Most Common Injuries in Indianapolis Construction Accidents?
Construction accidents in Indianapolis can cause serious injuries like broken bones, brain injuries, and burns. Some workers suffer catastrophic construction injuries that require lifelong care or prevent them from returning to work.
Common construction accident injuries include:
- Broken bones: Falls, falling objects, or machinery accidents can cause fractures that require surgery, rehabilitation, or long-term care.
- Head injuries: Concussions and traumatic brain injuries (TBIs) can cause lasting problems with memory, concentration, coordination, or behavior.
- Spinal injuries: Falls or crushing accidents can damage the spinal cord, sometimes causing paralysis or requiring lifelong care.
- Burns: Electrical shocks, faulty wiring, or flammable materials can cause severe burns and internal injuries.
- Soft tissue injuries: Cuts, bruises, and sprains can lead to chronic pain, limited mobility, or infections.
- Psychological injuries: Traumatic construction accidents can cause post-traumatic stress disorder (PTSD), anxiety, or depression.
Fighting the Insurance Company in an Indianapolis Construction Accident Case
An Indianapolis construction accident lawyer can deal with the insurance company, investigate fault, and pursue compensation from responsible third parties. At Hurst Limontes, our attorneys investigate construction accidents by reviewing evidence such as accident reports, medical records, witness statements, and expert opinions.
Insurance adjusters often try to minimize payouts or deny claims to protect their company’s profits. They may also pressure injured workers into accepting quick settlements that don’t cover all of their damages.
We also identify potentially responsible parties, including contractors, subcontractors, equipment manufacturers, and property owners. If the insurance company undervalues or denies the claim, we can negotiate on your behalf and take the case to court when needed.
Throughout the process, we’ll explain your options and keep you informed so you can make decisions about your case.
3 Steps to Take After a Construction Accident in Indianapolis
After a construction accident in Indianapolis, get medical care, preserve evidence, and get legal help as soon as you can.
Protect yourself today:
- Get medical care: Follow your doctor’s recommendations and keep records of your treatment, injuries, and expenses. Gaps in treatment can hurt your case by giving the insurance company an excuse to question your condition.
- Preserve evidence: Keep incident reports, witness information, photos of the scene and your injuries, and any other records related to the accident.
- Get legal help: An Indianapolis construction accident lawyer can investigate what happened, identify responsible third parties, preserve evidence, and handle the insurance company while you focus on recovery.
How Long Do You Have to File a Construction Accident Lawsuit in Indiana?
You generally have two years from the date of your construction accident to file a third-party lawsuit in Indiana. However, claims involving government entities can have much shorter notice deadlines.
Missing a deadline can prevent you from pursuing compensation, even if another party caused your injuries. Hurst Limontes can identify the deadlines that apply to your case, preserve important evidence, and file your claim on time.
FAQs: Indianapolis Construction Accident Attorney
Do I have to pay back workers’ comp if I win a third-party construction claim in Indiana?
You may have to repay part of your workers’ compensation benefits if you recover money through a third-party claim. Indiana law gives your employer or its insurer certain reimbursement rights, though the amount can be reduced to account for attorney fees and costs.
Hurst Limontes can review these obligations and help you understand how they affect your potential recovery.
Can I bring a claim if a different subcontractor’s crew caused my injury?
You can bring a claim against a different subcontractor if its negligence caused your injury and it isn’t legally considered your employer. For example, another crew may have left an opening uncovered, dropped materials, or created an unsafe work area.
An Indianapolis construction accident lawyer can investigate which company controlled the work and whether you have a third-party claim.
What if a staffing agency placed me on the construction site?
Temporary workers can still have third-party construction accident claims, but determining who can be sued may be more complicated. Indiana courts consider factors such as who controlled your work and the relationship between the staffing agency and the company where you were placed.
Hurst Limontes can review those relationships to identify parties who may be legally responsible for your injuries.
Who is responsible for an accident while driving through a construction zone in Indianapolis?
A contractor may be responsible if poor signage, unsafe lane shifts, or equipment in the roadway contributed to the crash. A negligent driver or another company working in the construction zone may also share responsibility.
If a government agency is involved, Indiana’s shorter tort claim notice deadlines may apply. An attorney can investigate the crash and identify the parties you may be able to hold accountable.
Can my family bring a claim if a loved one died in a construction accident in Indiana?
When a third party’s negligence causes a worker’s death, Indiana law may allow the deceased worker’s personal representative to bring a wrongful death claim for eligible family members. This claim is separate from any death benefits available through workers’ compensation.
Hurst Limontes can investigate the accident, identify responsible third parties, and help your family understand its legal options.
Consult With an Indianapolis Construction Accident Lawyer Today
Indianapolis Construction Accident Attorney, Katherine G. Karres
An Indianapolis construction accident lawyer can investigate who caused your injury, identify any third parties who may be responsible, and pursue compensation beyond workers’ compensation when available.
In Indiana, you generally have two years from the date of an injury to file a personal injury lawsuit, although exceptions and shorter deadlines can apply. Hurst Limontes can review your accident, explain your options, and handle the insurance companies while you focus on recovery.
Call (317) 636-0808 for a free consultation, complete our online form, or visit us at 50 S. Meridian St., Suite 600, Indianapolis, IN 46204. You can also explore all Indianapolis injury practice areas.
Hurst Limontes LLC – Indianapolis Office
50 S Meridian St Suite 600
Indianapolis, IN 46204
P: (317) 636-0808