Construction site injuries are devastating to workers and their families. Medical bills and lost wages make it impossible to get by. As any person injured in a construction accident knows, although workers compensation may pay for the medical bills it does not provide nearly enough to help workers and their families with their lost wages, pain and suffering, or the emotional strain they have to endure after a construction accident.
Most workers believe that workers compensation is all they can get following a construction accident. Workers are often told that they cannot sue their employer, and that workers compensation is their only source of recovery for their injuries and lost wages.
Many times, however, a worker injured in a construction accident is entitled to much more than what workers compensation pays. The general contractor, construction manager, or other subcontractors may be financially liable to the injured worker for an amount of money much greater than what workers compensation pays. If the construction accident tragically results in the death of the worker, the general contractor, construction manager, or other subcontractors may be financially liable to the family of the worker.
Following a construction accident there may be an investigation by the Indiana Department of Labor, or the Indiana Occupational Safety and Health Administration (IOSHA). The investigator may blame the worker for not observing safety requirements, or the investigator may blame the worker’s employer for not enforcing safety requirements. This is fairly common and you should not assume that this means the worker is not entitled to pursue a claim against other contractors on the construction project. Instead, you should hire an attorney experienced in winning financial recovery for injured construction workers and their families.
You may have an attorney handling your workers compensation claim. However, obtaining financial recovery from other contractors on the construction project is complex and may be outside your attorney’s area of expertise. Your workers compensation attorney may not recognize that you have a claim against other contractors on the construction project, or may incorrectly tell you that you do not have a claim against other contractors on the construction project.