Start with a project map, not a list of companies to blame. Who employed you? Who assigned the task? Who supplied the equipment? Who can identify the records? This guide helps injured Indiana construction workers and families organize those questions for a consultation without trying to investigate an active jobsite themselves.
Key takeaways
- Put emergency care first and notify your employer promptly.
- Separate your employer, the general contractor, each subcontractor, and equipment suppliers in your notes.
- Record what you personally saw; label secondhand information and unknowns.
- Keep appointment and payment paperwork separate from the project-records checklist.
- Have both claims reviewed before signing a settlement.
Care and employer identification
Get emergency help when needed. Do not return to a dangerous area to retrieve a phone, photograph equipment, or locate a witness.
Indiana Code 22-3-3-4(e)[2] prohibits an employer or its carrier from delaying emergency medical care considered necessary in the attending health care facility physician’s professional judgment.
The Indiana Worker’s Compensation Board[3] describes workers’ compensation as an employer-paid accident insurance program that may provide medical, rehabilitation, and income benefits. It explains that the employer generally directs medical care and provides a dispute process when adequate care is contested.
Indiana Code 22-3-2-2[4] requires a covered accidental injury to arise out of and in the course of employment and places the burden of proof on the employee.
For a covered accidental work injury, Indiana Code 22-3-2-6[5] generally makes workers’ compensation the exclusive remedy against the employer. The employment relationship and any applicable exceptions need individual review.
Write down the employer on your pay stub, any staffing agency, the person who assigned your shift, and the supervisor who directed the task. If those names differ, bring the records rather than guessing which company is legally your employer. Our Indiana workers’ compensation overview provides broader background.
Map the companies and their records
The following worksheet is a practical way to identify leads. Use it to identify questions, not to assign blame. Put “unknown” in a blank field when a logo or job title is your only information.
| Project participant | Question to record | Records to identify for counsel |
|---|---|---|
| Direct employer or staffing agency | Who hired, paid, assigned, and supervised you? | Pay stubs, assignment messages, schedules, staffing agreements |
| General contractor or construction manager | Who coordinated this work area and which instructions did you hear? | Project contracts, daily reports, coordination meeting notes |
| Nearby subcontractor | Which crew performed the work immediately before the incident? | Work orders, crew lists, task schedules, existing site photographs |
| Delivery company or equipment operator | Who moved the vehicle, load, or machine? | Delivery tickets, dispatch records, operator identity, available video |
| Equipment owner, rental company, or service provider | Who supplied, inspected, repaired, or changed the equipment? | Serial number, rental agreement, inspection and repair history |
| Site owner | Who can identify the property and relevant project contacts? | Site address, project signs in existing photos, contracts |
Record the source for each answer: “I saw,” “the foreman told me,” or “shown on this document.” Keep the date and original message when possible. A clear distinction between observation and inference is more useful than a confident but unsupported conclusion.
Document the equipment and task
Use a separate entry for each machine or tool. Include the make, model, serial number if already available, visible company markings, operator’s name, and the work being performed. Describe the sequence in ordinary language: what moved, where you stood, and what happened next.
Identify existing photographs, delivery records, rental paperwork, inspection sheets, repair notes, and messages about the task. Do not operate, dismantle, test, move, or take equipment to build a claim. Ask counsel about requesting preservation from the people who control the equipment and records.
Illustrative example—not a client case: A worker is struck while a rented lift moves materials beside another trade’s work area. The worker’s notes identify the employer, lift markings, operator, nearby crew, and a delivery ticket. Those details identify questions and record holders; they are not findings against the rental company, operator, or neighboring contractor.
For an excavation incident, our trench-collapse guide addresses the separate trench-protection and excavation evidence questions.
Keep safety enforcement separate
Section 4(b)(4) of the Occupational Safety and Health Act[6] states that the Act does not supersede workers’ compensation law or enlarge or diminish the common-law or statutory rights, duties, or liabilities of employers and employees concerning work injuries. Safety enforcement and an injury claim should not be treated as the same determination.
Keep any safety-agency correspondence, inspection identifiers, photographs, and reports with the project file. Let counsel assess what those materials establish and what additional proof is needed. Keep the agency’s actual findings intact and label your own observations separately.
Notice, filing, and settlement coordination
Indiana Code 22-3-3-1[7] calls for written notice as soon as practicable unless the employer or its representative has actual knowledge. The section addresses notice or knowledge within 30 days and restricts compensation before notice or knowledge is obtained. It also says a notice defect does not bar compensation unless the employer shows prejudice, and then only to that extent. A late report is not an automatic permanent bar.
Report promptly and keep a copy. If reporting was delayed, record when and how the employer learned of the injury and obtain individual advice rather than assuming the claim is lost.
Indiana Code 22-3-3-3[8] generally requires a Board claim within two years after the accident, with separate rules for death and radiation exposure. When temporary total or temporary partial disability compensation is paid, subsection (b) starts the two-year period on the last date for which that compensation was paid.
For the employee’s third-party proceeding, Indiana Code 22-3-2-13(e)[1] specifies two years after the cause of action accrues.
Do not use this overview to calculate your own final filing date. Ask counsel to check the parties, claim type, applicable notices, and dates in your records.
Indiana Code 22-3-2-13[1] addresses repayment from third-party recoveries, the employer’s or carrier’s share of claim expenses and attorney fees, liens, and termination of further compensation obligations in the circumstances described there. Subsection (i) requires written consent to releases, settlements, and satisfaction of judgment from both sides, except that employer or carrier consent is unnecessary when it is fully indemnified or protected by court order.
Before signing anything, gather the proposed agreement, payment history, medical-payment ledger, repayment request, and correspondence about consent. For the broader framework, see our guide to the two claim paths; the project worksheet here helps organize the construction-specific facts.
Prepare a construction-injury file
For a Fort Wayne or Allen County project, start with the actual street address, entrance, building or work zone, and incident date—not only the project nickname. Add:
- Your employer and claim contact, with copies of the injury report and pay records.
- A short timeline of the assigned task and the incident, distinguishing firsthand observations from later information.
- The company worksheet, witness contacts, and equipment identifiers already available to you.
- Original photographs and messages, including their dates; keep edited copies separate.
- Medical visit summaries, written restrictions, appointment records, and payment correspondence.
- Any proposed agreements or settlement papers, clearly marked as signed or unsigned.
You do not need a complete file before seeking help. Mark missing items for follow-up. Do not access another person’s account, take restricted company records, or enter a closed site to fill a gap. The construction-accident practice page explains the firm’s related services.
Frequently Asked Questions
Which company names should I write down?
Start with your employer or staffing agency, the person assigning the task, nearby contractors, equipment suppliers, and involved drivers or operators. Record why each name appears in your notes; keep unanswered questions visible.
What if the equipment was rented?
Record its markings and identity, the operator, and any rental or delivery document already available. Ask counsel about preserving the machine and obtaining inspection and repair records; do not test or take it yourself.
What if my pay stub and site supervisor name different companies?
Bring the pay stub, assignment messages, and supervisor details. Keep both names on the worksheet so the employment relationship can be reviewed rather than inferred from a site sign.
Should I wait until I have every project record?
No. Bring what you have, label missing items, and ask about next steps. Do not delay reporting while trying to complete the worksheet.
Where should I keep OSHA or IOSHA documents?
Keep them in a separate safety-investigation section with the agency contact, inspection identifier, and related correspondence. Also keep the employment, medical, and project records; do not substitute a citation for a full claim review.
What should I bring if a company offers a settlement?
Bring the unsigned proposal or a copy of anything already signed, all related correspondence, the payment history, medical-payment ledger, and any repayment request. Ask how the offer affects both claims before signing.
If you were injured at an Indiana construction site, Delventhal Law Office can help you sort the available records and discuss the next step. Request a free case evaluation.
Legal sources reviewed October 22, 2026.
This article is general information about Indiana law and is not legal advice. Reading it does not create an attorney-client relationship, and neither does contacting us.
Sources
- Indiana Code 22-3-2-13 (iga.in.gov) ↩
- Indiana Code 22-3-3-4(e) (iga.in.gov) ↩
- Indiana Worker’s Compensation Board (in.gov) ↩
- Indiana Code 22-3-2-2 (iga.in.gov) ↩
- Indiana Code 22-3-2-6 (iga.in.gov) ↩
- Section 4(b)(4) of the Occupational Safety and Health Act (osha.gov) ↩
- Indiana Code 22-3-3-1 (iga.in.gov) ↩
- Indiana Code 22-3-3-3 (iga.in.gov) ↩
