DELVENTHAL LAW
INDIANA CONSTRUCTION ACCIDENT ATTORNEY
Construction accidents are preventable, yet they occur with some frequency and often result in serious or life-threatening injuries. Accidents on construction sites can happen for many different reasons, from employer negligence to defective machine parts. Whether you suffered injuries after falling from heights at a construction site or suffered an amputation injury because of poor training, you should speak with a Fort Wayne construction accident attorney about seeking compensation.
GETTING THE FACTS ABOUT CONSTRUCTION ACCIDENTS
How often do construction accidents happen, and how do they occur? The following are statistics concerning construction accidents and injuries from the Occupational Safety and Health Administration[1] (OSHA):
- 5,190 workers died as a result of workplace injuries in 2016;
- On average, more than 99 workers died each week and 14 workers died every day because of on-the-job accidents and illnesses;
- More than 21 percent of all workplace fatalities occur in the construction industry;
- The construction industry is particularly hazardous, and is known as having common accidents categorized as the “fatal four,” which includes falls, being struck by an object, electrocutions, and being caught in-between an object;
- Fatal four cause nearly 64 percent of all construction accident deaths in a given year;
- Almost 40 percent of all construction accident fatalities resulted from falls (38.7 percent) in 2016;
- Nearly 10 percent of all construction deaths happen from struck-by accidents, while about 8 percent result from electrocutions, and 7 percent from caught-in/between accidents; and
- If fatal four were eliminated, approximately 631 construction workers’ lives would be saved every year.
FREQUENT CONSTRUCTION SITE ACCIDENTS IN FORT WAYNE
Construction accidents can vary greatly depending upon the type of site, as well as particular safety issues that might exist. Common construction accidents that result in serious workplace injuries include but are not limited to the following:
- Roof falls;
- Roof collapses;
- Scaffolding accidents;
- Falls from ladders;
- Wall collapses;
- Trench and tunnel cave-ins;
- Electrocutions;
- Gas explosions;
- Crane accidents;
- Forklift accidents;
- Machinery accidents; and
- Auto accidents on construction sites.
COMMON TYPES OF INJURIES AT CONSTRUCTION SITES
Construction accidents frequently result in serious and life-threatening injuries, including but not limited to the following:
- Traumatic brain injuries (TBIs) and other types of head trauma;
- Spinal cord injuries (SCIs);
- Neck injuries;
- Back injuries;
- Burn injuries;
- Amputations and loss of limb;
- Organ damage;
- Cuts and lacerations;
- Broken bones or fractures; and
- Leg and foot injuries.
CAUSES OF FORT WAYNE CONSTRUCTION ACCIDENT INJURIES
According to OSHA, the following are the most common safety violations that frequently result in serious and fatal accidents:
- Lack of fall protection;
- Failing to meet hazard communication standards;
- Scaffolding problems;
- Inadequate or lacking respiratory protection;
- Inadequate or lacking hazardous energy protection;
- Falls from ladders;
- Construction vehicle accidents;
- Machinery and machine-guarding problems;
- Inadequate or lacking fall-protection training; and
- Electrical wiring problems.
FILING A CLAIM FOR COMPENSATION AFTER A CONSTRUCTION ACCIDENT IN FORT WAYNE
Depending upon how you were injured in a construction accident, you may be able to file a workers’ compensation claim, or you may be able to file a lawsuit against the responsible party.
Almost all employers in Fort Wayne, including construction companies, must carry workers’ compensation insurance. This type of insurance provides benefits to workers who get hurt or suffer an occupational illness on the job. Like workers’ compensation in other states, Indiana is a no-fault state when it comes to workers’ comp, which means that it does not matter if a construction worker’s own negligence impacted the accident or his injuries. Workers’ compensation policies provide benefits to injured workers regardless of fault. Under Indiana workers’ compensation law[2], an injured worker must report the injury to his or her employer within 30 days from the date of the accident, although reporting as soon as possible is best.
In some construction accident cases, a construction worker may be able to file a third-party claim against a negligent person. In other situations, the injured party might not be a construction worker at all, but instead a pedestrian who suffered injuries while passing by a construction site. In such situations, it may be necessary to file a construction accident lawsuit. Under Ind. Code. § 34-11-2-4, plaintiffs have two years from the date of injury to file a claim for compensation.
CONTACT A FORT WAYNE CONSTRUCTION ACCIDENT ATTORNEY
Were you injured in a construction accident? You should get started on your case as soon as possible with the help of an experienced construction accident attorney in Fort Wayne. An advocate at our firm can look at the facts of your case and can begin working on your claim. Contact Delventhal Law Office LLC for more information and call (260) 484-6655.
The Indiana law that applies to your construction accident case
Indiana's two-year personal-injury statute under IC 34-11-2-4[3] controls most Fort Wayne construction-site claims, while parallel workers' compensation rights run on the separate track administered by the Indiana Workers' Compensation Board[4]. The third-party negligence case is where real recovery happens — general contractors, subcontractors, equipment lessors, and property owners owe overlapping duties grounded in OSHA[5] Subpart M fall-protection and Subpart L scaffolding standards. Indiana's 51% modified comparative-fault rule under IC 34-51-2-6[6] governs apportionment among the defendants.
How insurance carriers fight Fort Wayne construction accident claims
Construction-defendant carriers in Allen County run a predictable playbook. The first defense is the independent-contractor argument — the general contractor claims it owed no duty because the injured worker was employed by a sub. Indiana case law and OSHA's multi-employer worksite doctrine, documented at OSHA[5], defeat that defense when the general retained control over safety. The second is the open-and-obvious hazard defense, arguing the worker assumed the risk of a visible danger. The third is comparative-fault loading, where every defendant points at every other defendant to push the worker over the 51% bar. The fourth is the OSHA-citation evidentiary fight — defendants move to exclude citations as inadmissible while citing them privately to settle low. We build the file to admit safety violations and lock down each defendant's contractual safety obligations.
Evidence we preserve in the first 48 hours
Construction cases hinge on the prime and subcontracts, the daily safety documentation, the OSHA file, and the physical scene before it is cleaned up or repaired by the responsible defendant.
- Every prime contract, subcontract, and safety addendum between the owner, general contractor, and each subcontractor showing who retained control of safety on the multi-employer worksite
- OSHA 300 logs, daily toolbox-talk sign-in sheets, and any OSHA citation issued before or after the incident relating to fall protection, scaffolding, or struck-by hazards
- Site photographs, drone footage, and surveillance video preserved within 48 hours before guardrails are repaired, scaffolding is re-stacked, or excavations are backfilled
- Equipment maintenance and inspection records for any scaffold, lift, crane, hoist, or powered tool involved, including the rental agreement and pre-shift inspection logs
- Witness statements from coworkers, foremen, safety officers, and adjacent subcontractors taken before defendants align their version of events through counsel
Damages categories in an Indiana construction accident case
Construction-injury damages combine the comp track with the third-party tort track. Comp covers two-thirds wage replacement, authorized medical care, and a permanent partial impairment award. The third-party negligence suit captures full lost earning capacity, future medical care, pain and suffering, and loss of enjoyment of life — all uncapped under Indiana law except for the comparative-fault rule. OSHA[5] Subpart M fall data and Subpart L scaffold-injury statistics ground the long-term-impact arguments insurers routinely try to discount at deposition and mediation.
What our construction accident clients ask most
Can I sue the general contractor if I worked for a subcontractor on the site?
Indiana law allows suit against a general contractor that retained control over jobsite safety, even when the injured worker was directly employed by a sub. OSHA's multi-employer worksite doctrine and Indiana case law applying it create overlapping duties at the prime-contract level. The retained-control analysis turns on the actual safety oversight performed, not on contract labels alone.
What if OSHA cites my employer after the construction accident?
Post-incident OSHA citations are evidence of the safety violations that produced the injury and frequently identify the responsible employer on a multi-employer site. The citation file becomes a roadmap for the third-party case, even when its admissibility at trial is litigated. Citation history from the prior two years is particularly valuable for showing notice and prior knowledge.
Do I have a case if I was partly at fault for the construction accident?
Indiana's 51% modified comparative-fault rule under IC 34-51-2-6[6] bars recovery only when the injured worker is more than 50% at fault. Any lower fault percentage reduces recovery proportionally but does not eliminate it. Multi-defendant construction cases also allow apportionment among the general, subs, equipment suppliers, and property owner, which usually drives the worker's share down.
How long do I have to file a construction-accident lawsuit in Indiana?
The third-party negligence suit must be filed within two years of injury under IC 34-11-2-4[3]. The parallel workers' compensation claim has a 30-day notice clock and a separate two-year limitations period under IC 22-3-3-3[7]. Public-defendant cases involving municipal projects can trigger Indiana Tort Claims Act notice deadlines as short as 180 days.
What is the case worth if I fell from scaffolding or a roof?
Fall cases involving spinal, head, or lower-extremity surgery routinely settle in the mid-six- to seven-figure range when OSHA Subpart M or Subpart L violations are documented and a solvent general contractor or premises owner is in the case. Severity, duration of disability, age, and pre-injury earning capacity drive the range significantly more than any single formula.
What happens after you hire us
Our first 72 hours involve scene preservation, contractor identification, OSHA file requests, and litigation-hold letters to every potential defendant. We file the parallel comp claim with the Workers' Compensation Board, coordinate treatment, and screen for product-liability defendants involving lifts, scaffolds, or powered tools. The third-party suit is filed in Allen Superior Court or wherever venue is proper. Discovery focuses on subcontract safety duties, daily inspection records, and retained-control evidence. Representation is on a contingency-fee basis.
