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, 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.