Construction Accident Lawyer Merrillville

Construction Accident Lawyer Merrillville

Working in construction is rewarding but comes with a substantial risk of injury. Your employer and fellow workers are responsible for following safety regulations and keeping things clean, repaired, and hazard-free. Yet, when someone fails to adhere to these duties, the injuries can be serious and even life-threatening.

If you have been harmed on the job in Indiana, you may need an accomplished construction accident lawyer in Merrillville to manage your case. At Theodoros & Rooth, P.C., we have been helping injured construction workers like you since 1988. We offer free consultations with a Merrillville personal injury lawyer representing injury victims in Northwest Indiana so you can learn more about how we can help you. 

Why Theodoros & Rooth Is Your Top Choice for a Construction Accident Attorney In Indiana 

Facing the paperwork and stress of filing a workers’ compensation or other claim when you are trying to heal is something no one should face alone. The language and policies can be confusing, especially if you do not have a legal or insurance background. Rather than try to figure things out by yourself, turn to an experienced construction accident attorney from Theodoros & Rooth.

We conduct a thorough investigation into what caused your accident and who is at fault for your injuries. We help you file your insurance claim and prepare your case for trial if needed. We only take cases we believe will be successful and commit our entire team’s resources to securing the maximum compensation available for you. 

Our team believes in the Theodoros & Rooth Pledge to our clients, which means that throughout your claim, we keep you updated on what is happening, answering your phone calls and messages quickly. We work to push your case through as fast as possible so it does not drag on endlessly. Above all, we treat our clients and their families with integrity, respect, and compassion. 

How a Construction Accident Claim Works

Construction company owners, managers, and supervisors must abide by state and federal regulations and laws regarding workplace safety for their employees, vendors, contracts, and visitors. The Occupational Safety and Health Administration (OSHA) oversees federal mandates, and the Indiana Department of Labor (DOL) even has a special group dedicated to construction safety. Part of filing a construction accident claim involves filing a notice of workplace safety violations with these two agencies. 

Your first step after you have suffered a construction accident is to get medical attention. Often, you may need emergency care and transport to a hospital, but even if you only require first aid, you must get a medical professional to treat your wounds. Not only is your health your first priority, but the record of treatment will support your injury claim later on.

You must also report your accident to your supervisor or manager within 30 days, although sooner is better. Your employer is required to submit a First Report of Injury form to the Indiana DOL. This further establishes the circumstances of your injury so you can secure benefits or pursue additional avenues for compensation.

Your Merrillville Construction Accident Lawyer Must Establish Liability for Your Case

After determining whether you should file a workers’ compensation claim or third-party personal injury lawsuit, your construction accident attorney in Merrillville, IN, must establish four elements of negligence to show liability. They will help you collect evidence that shows what happened, who might be at fault, and the value of your economic losses due to the accident. Negligence requires showing that the other party owed you a duty of care for your safety, but they failed to uphold that duty.

Your lawyer must also show how your injuries are directly related to that failure and present documentation verifying the costs you incurred. Construction accident claims are very complicated since an insurance company or court will consider a number of factors before deciding the outcome. Some of these factors include:

  • Whether the accident happened while you were clocked in
  • Whether you were violating any company policies at the time you were hurt
  • Where the accident occurred, such as on the job site or driving from one work location to another
  • The severity of your injuries
  • How your injuries affect your ability to work
  • How your injuries affect your quality of life
  • The full value of your medical treatment and rehabilitation 

Understanding Workers’ Compensation in Indiana

According to the Indiana Workers’ Compensation Bureau, nearly all employers must carry workers’ compensation insurance for their employees. Your first step will be to file a claim to secure benefits without having to show fault. The goal is to provide support for injured workers quickly, without waiting for a court to decide liability. 

Nonetheless, you should maintain detailed records of your injury, recovery progress, and treatment so you can submit them to your insurance provider. Workers’ comp companies often scrutinize your documentation to prevent fraudulent claims. This can become exhausting when you are just trying to get your benefits, and a construction accident attorney in Merrillville can help you through the process. 

Workers’ compensation will pay your medical bills and provide partial wage replacement while you recover. Generally, you get paid every two weeks at ⅔ of your salary at the time of your accident. If you are unable to return to work, you may be eligible for partial or total disability payments, depending on whether your disability is temporary or permanent. Speak with your attorney to understand more about these benefits. 

Third-Party Lawsuits May Enhance Your Compensation Options

Surprisingly, you cannot sue your employer for workplace injuries or death in Indiana. This is because you are required to use workers’ compensation insurance if your employer provides it. However, you do have the right to file a personal injury lawsuit against anyone other than your employer who contributed to your accident. In some instances, you may be able to file a third-party lawsuit while also receiving workers’ comp benefits.

Insurance claims will usually only pay your economic losses (those with a defined monetary value), such as medical bills, lost income, and medications. However, when you work with a construction accident lawyer to file a personal injury lawsuit, you also have the option to seek non-economic damages. These losses are more subjective, such as your pain and suffering, mental anguish, depression, or PTSD.

Examples of potentially eligible third parties include:

  • Contractors working on the construction site who fail to repair or maintain their equipment
  • Security companies that do not keep the job site safe from intruders or thieves
  • Vendors who leave debris or spilled liquids where workers can slip and fall
  • Equipment rental companies that neglect to inspect and repair cranes, forklifts, or other dangerous machines
  • Manufacturers who defectively design, produce, or market products that lead to injury
  • Doctors who fail to provide adequate care and allow your work-related injury to get worse

Remember that you must report your accident to your employer within 30 days to seek workers’ compensation insurance. For third-party personal injury lawsuits, you must file your claim within the Indiana two-year statute of limitations or risk losing your chance to seek compensation. Your Theodoros & Rooth construction accident lawyers will help you complete the paperwork on time when you schedule a free consultation with us as soon as possible after your injury. 

What Injuries Does a Construction Accident Lawyer Near Me Law Firm Handle?

At Theodoros & Rooth, our team of highly skilled Indiana construction accident lawyers recognizes that you need trustworthy and caring legal representation when you have been hurt. Our attorneys have managed claims involving a wide range of construction site injuries, and we collaborate with a network of experts to accurately prepare your case for success. Some of the most common kinds of conditions we see in our claims include:

Electrocution or Burns

Injuries resulting from electrocution are extremely common in construction worksites, although they do not always happen where you might expect. The Electrical Safety Foundation International (ESFI) reports that as many as 70% of electrocutions happen in non-electrical settings. Inadequate safety gear, improper lockout procedures, and frayed wiring can all contribute to damaged nerves, burnt skin, and traumatic brain injuries.

Burns can happen when electrical current or flammable substances ignite, causing a fire or explosion. Hazardous substances that are not correctly handled or stored can lead to chemical burns on the skin, in the eyes, or inside the lungs. All these conditions require extensive medical care, often for months at a time.

Falls

In construction sites, workers may slip and fall on faulty flooring, spilled liquids, or when knocked down by other employees or equipment. When working on scaffolding or on unfinished building levels, workers may fall from a great height, resulting in catastrophic injuries or death. By ensuring all workers have appropriate safety gear, such as railings and harnesses, employers can limit the risk to their team members. 

Loss Of Limb Or Amputation

When working with heavy equipment, construction employees can be harmed so severely that a limb is either severed or so badly damaged that it requires surgical amputation. In these events, workers may struggle to recover and return to their previous duties. Their compensation and benefits must accurately reflect how their loss impacts their earning ability and quality of life.

Head and Spinal Cord Injuries

Whether through a fall or being struck by an object, many construction accident clients come to us with traumatic brain injuries or damage to their ears, eyes, or mouths. They may also suffer nerve damage from spinal cord injuries. These conditions can dramatically limit a person’s ability to return to work or even maintain a job, substantially affecting how they support themselves and their family. 

What Damages Can Construction Accident Attorneys Near Me Law Firms Help Me Obtain?

Part of your attorney’s job is collecting all relevant evidence to show who is at fault for your accident and the full value of your damages. To do this, your lawyer will gather medical and other documentation to accurately assess what your injury has cost you. When filing a personal injury lawsuit against third parties, your attorney will also help you put a value on your pain and suffering.

Recall that you can claim monetary damages (economic) and subjective losses (non-economic. Some of the losses we frequently pursue for our construction accident clients include the following:

  • Emergency transportation to a hospital
  • ICU, ER, and other hospital costs
  • Surgical fees, such as for amputation or burn treatment
  • Medications and medical aids required for your recovery
  • Your lost wages not covered by workers’ compensation benefits
  • Travel expenses for your doctor visits
  • Damage to any personal property, such as your clothing or cellphone
  • Rehabilitative care, such as in-home nursing, nursing facility costs, or extended therapy
  • Mental anguish, loss of enjoyment of life, depression, and anxiety
  • Permanent disability, disfigurement, or scarring
  • Loss of earning capacity if you are permanently disabled

Every case is unique, so we cannot provide an estimated value of your claim until we have fully assessed its circumstances. We strive to manage your expectations while always seeking maximum compensation for you. Because we offer a contingency fee program, you pay us nothing until we secure a settlement or jury award in your case. 

Theodoros & Rooth Can Help When a Construction Accident Causes a Wrongful Death

The families of construction workers are eligible for benefits from workers’ compensation if their loved one dies. However, this may not be enough to support their needs after losing a major individual in their lives. The financial and emotional costs can be life-altering. 

Our law firm is ready to help survivors work with a wrongful death lawyer to seek compensation for various losses, such as:

  • Costs for the funeral, cremation, and burial
  • Loss of the deceased’s future earnings
  • Loss of inheritance for heirs
  • Loss of companionship, comfort, and love
  • Loss of home services, care, and maintenance for the survivors

Get Help From Our Merrillville Construction Accident Lawyer Today

With over 110 years of combined experience in helping injured workers get the compensation and benefits they deserve, the team at Theodoros & Rooth, P.C., provides the aggressive legal representation you need. We put our knowledge, training, and insights to work on your claim, and we do not get paid until we secure a settlement for you. 

To learn more, contact us to schedule a free case review with a Merrillville construction accident lawyer today.