5 Steps for Filing a Construction Accident Claim in Indiana
Workers’ Compensation and Potential Third-Party Liability Claims
Construction sites across Indiana—from Indianapolis and Evansville to Jeffersonville, Lafayette, and New Harmony—are dynamic, bustling places where every worker plays a vital role in bringing projects to life. Operating heavy machinery, working at towering heights, and handling hazardous materials can create an environment where injuries happen.
When a construction-related incident occurs, working with a lawyer who knows how to file a construction accident claim in Indiana can help recover benefits through the workers’ compensation system and, in some cases, pursue a third-party liability claim. Klezmer Maudlin PC helps workers across the state file construction accident claims.
Our experienced workers’ compensation lawyers know the steps for filing a construction accident claim in Indiana under the Workers’ Compensation Act and how to determine when a third-party liability claim could apply. While you may have completed some of the steps toward filing a claim, it’s never too late to talk to an Indiana lawyer for guidance.
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Step 1: Seek Medical Attention
Addressing injuries is the immediate priority when a construction site accident occurs. Under Indiana law, an employer’s workers’ compensation insurance should provide initial coverage for medical treatment.
Workers’ compensation is a no-fault system, so employees typically do not need to prove their employer did anything wrong to obtain those benefits. However, the initial step of securing medical attention sets the foundation for any future claim.
Notifying Supervisors and Coworkers
Workers who sustain injuries often rely on coworkers and supervisors to help them get to the on-site medical station or a hospital, depending on the severity of the injury. Even if symptoms appear minor at first, it is often prudent to mention them to a supervisor so the employer’s insurance can track the situation. In many cases, injuries that seem minor can worsen if left unaddressed.
If a coworker or supervisor is nearby during the incident, that individual may help with calling an ambulance. However, if the accident appears less severe, an employer might direct the injured worker to a specific healthcare provider or clinic. In all cases, prompt medical care is a priority.
Choosing a Medical Provider Under Indiana’s Workers’ Compensation System
In Indiana’s workers’ compensation system, the employer (or its workers’ compensation insurance carrier) has the right to direct an injured employee to a designated medical provider. This approach is distinct from certain other states where an individual can choose any provider to evaluate and treat injuries.
Workers sometimes feel uncertain about seeing a doctor chosen by an employer’s insurance company. However, that is how the Indiana workers’ compensation system generally functions: The treating physician is selected by the employer’s insurance. The physician then supervises the employee’s recovery and progress and decides when maximum medical improvement is reached.
Maximum Medical Improvement
The concept of maximum medical improvement (MMI) is central in Indiana claims. It represents the point at which a worker’s condition has improved as much as it is likely to, according to the treating provider. After reaching that point, the physician might place the worker at MMI and evaluate any permanent impairment.
Once an employee reaches maximum medical improvement, additional treatment might be considered beyond the scope of what workers’ compensation will cover unless the condition worsens later. At that stage, an employer or insurer may look to close out the claim.
Independent Medical Exam
If a worker disagrees with the findings from the insurance-assigned doctor, there is a process under Indiana law for requesting an independent medical examination (IME). Unlike in many other states, the Indiana Workers’ Compensation Board appoints the physician for that IME, making it a more independent process.
The IME can confirm or dispute the opinion given by the initial treating doctor. In some scenarios, workers choose to pay for their own second opinion, but an IME arranged through the Workers’ Compensation Board may be another option.
If the IME yields a different conclusion from the employer-appointed physician, the Board might weigh both opinions before determining the benefits. This scenario highlights why thorough documentation of symptoms, treatment, and medical recommendations is a key aspect of any construction accident claim in Indiana.
Step 2: Report the Injury Promptly
After seeking initial medical attention, the next step is reporting the incident to the employer. Many employees assume that if a supervisor or foreman witnessed the event, an official report automatically goes on file. However, taking the initiative to provide written notice can help prevent any confusion.
What Happens If You Don’t Report Right Away?
Delays in reporting might complicate a workers’ compensation claim. Indiana law generally sets guidelines that require employees to inform their employer of a workplace incident within a certain timeframe. Prompt reporting supports a seamless claim process.
An employer can question whether an injury truly took place on the job if the employee waits for an extended period before disclosing the incident. That is why many workers proactively file an incident report. Even if the employer is aware of the event, a short written notification can prevent any future misunderstandings.
Written vs. Verbal Reports
It might be helpful to submit a written notification or email. This documentation can include:
- The date, time, and location of the accident
- Names of any witnesses
- A brief description of what happened
- A statement that medical treatment was sought
Most employers have internal reporting procedures that guide workers on how to file an incident report. Following that procedure can safeguard an individual’s claim later, especially if the employer tries to deny that it had notice of the injury.
Once the employer is informed, the business should notify its workers’ compensation insurance carrier. This leads to the insurance company opening a claim and setting the injured worker on the path to receiving the coverage available under the law.
Step 3: File for Workers’ Compensation in Indiana
After reporting the injury, the process of securing workers’ compensation benefits follows. In Indiana, workers’ compensation typically covers the costs of authorized medical care and a portion of lost wages if the employee is off work beyond a certain waiting period (usually seven days). If the worker is off work for more than 21 days, retroactive benefits may apply from the first missed day.
How the Process Works
- Initial Employer/Insurance Notification: Once the employer is informed, the insurance carrier is notified.
- Assignment of a Treating Physician: The insurance carrier designates a medical provider or clinic.
- Coverage of Medical Bills: The insurance carrier pays for the authorized medical provider’s services.
- Wage Replacement: If the treating physician restricts the employee from working, the injured worker could receive temporary total disability (TTD) benefits.
- Reaching MMI: When the treating doctor believes the worker’s condition has stabilized, a decision on future benefits is made.
While the employer’s insurance typically manages most of these steps, the injured worker can be proactive by staying in contact with the employer’s human resources department or the insurance adjuster. It is valuable to keep track of medical appointments, treatments, and missed workdays.
Working with a workers’ compensation attorney can help this process proceed smoothly while you recover. Your legal team can handle communications and ensure your claim meets requirements and deadlines.
Benefit Types Available Through Indiana Workers’ Compensation
Indiana’s workers’ compensation system offers several categories of benefits:
- Medical Benefits: Covers treatments, surgeries, prescription medications, physical therapy, and other medical needs.
- Temporary Total Disability (TTD): Partial wage replacement for an employee who temporarily cannot work or returns to a light-duty role and earns less than before.
- Temporary Partial Disability (TPD): Benefit for workers who can return on a part-time or light-duty basis but still earn less than previously.
- Permanent Partial Impairment (PPI): In cases where an injury results in a permanent impairment, the worker may receive a compensation award based on the percentage of impairment.
- Permanent Total Disability (PTD): If an injury permanently prevents an individual from any work, PTD benefits may be considered.
Each category has specific parameters. PPI and PTD claims sometimes involve disputes over how medical professionals rate the level of impairment or disability.
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Step 4: Explore Potential Third-Party Liability Claims
Workers’ compensation is often described as an exclusive remedy for workplace injuries, meaning a worker typically cannot sue an employer for negligence in a separate lawsuit. However, this exclusivity does not always apply to entities other than the employer.
When a Third Party May Be Responsible
A construction site often has multiple subcontractors, equipment manufacturers, and property owners. Sometimes, the employer is not the only party whose actions or omissions contribute to an incident. If a party outside the employer’s sphere has a role in causing harm—such as a driver, a different contractor, a property owner, or an equipment manufacturer—a separate third-party liability claim might exist.
Situations Involving Negligent Contractors, Manufacturers, or Property Owners
Consider the following examples where a worker might explore a third-party liability claim:
- Defective Equipment: If a scaffold collapses because of a manufacturing defect, the company that made or sold the scaffold might share responsibility.
- Unsafe Property Conditions: If a landowner fails to fix a hazard that leads to a worker’s injury, that owner could be liable.
- Subcontractor Negligence: If a worker from one subcontractor fails to follow safety protocols and injures someone employed by another subcontractor, the negligent subcontractor might face legal responsibility.
Third-party liability claims exist outside the workers’ compensation system. This means an injured worker might simultaneously receive workers’ comp benefits while pursuing separate legal action against the third party. Such claims can provide additional avenues for certain damages that workers’ compensation does not cover.
If the worker recovers damages from a third party, the employer or the workers’ compensation carrier may have a subrogation interest in the recovery. That means the insurance carrier might seek reimbursement for benefits already paid.
Navigating this interplay can be challenging. Workers should work with an attorney familiar with handling these types of cases who can carefully evaluate their circumstances, consult resources, and determine if a third-party claim might apply to their construction accident scenario.
Step 5: Gather Evidence and Documentation
The final step in filing a construction accident claim in Indiana involves collecting documents, witness accounts, medical records, and other evidence that supports the claim. Clear and detailed evidence can be a decisive factor in securing benefits or pursuing a third-party liability claim. Working with a workers’ compensation law firm provides you with a legal team equipped to handle investigation and evidence collection to support your claim.
Types of Evidence Your Attorney May Collect
- Accident Scene Photos or Videos: Photographs of equipment, conditions, or any visible hazards on the job site right after the accident can show the nature of the workplace at the time.
- Witness Statements: Coworkers who saw the accident or have knowledge of relevant conditions often provide valuable perspectives.
- Safety Logs or Incident Reports: Many construction job sites maintain daily safety logs or site reports that might indicate prior knowledge of hazards.
- Medical Records: Detailed medical documentation, from the first treatment to follow-up care, can demonstrate the severity of the injuries, recommended treatments, and progress of recovery.
- Work Schedule and Payroll Records: These documents can show lost hours, changes in wages, and how the injury impacted overall earnings.
Preserving Physical Evidence
Sometimes, the equipment or materials involved in a construction accident can be crucial to establishing liability or defect. If something broke or malfunctioned, the item itself could be tested.
Preserving any broken parts or taking photos of them (if the item must remain in use) can be helpful, especially if a third-party claim might come into play. Notifying superiors about the need to preserve evidence, as well as taking the initiative to document it individually, can protect a worker’s rights.
Collecting Statements and Reports
Even if the employer or insurance company says it is taking care of everything, a worker and their attorney might decide to keep personal records of names and contact information for anyone who was on site. If the Indiana Occupational Safety and Health Administration (IOSHA) or another agency investigates, obtaining those reports or referencing their findings might also be relevant.
In third-party liability claims, detailed documentation sometimes shapes the outcome more than it might in a basic workers’ compensation proceeding. While an injured worker in Indiana does not typically have to prove negligence to receive workers’ compensation, a third-party action does require demonstrating fault. Evidence that points to defective design, negligence, or unsafe practices by a non-employer entity can be critical.
Additional Considerations in Indiana Construction Accident Claims
Construction accident claims in Indiana go beyond these five steps. Certain aspects of state law, as well as procedures specific to the Workers’ Compensation Board, can affect a claim’s progress.
Role of the Indiana Workers’ Compensation Board
The Indiana Workers’ Compensation Board oversees disputes, reviews claims, and resolves disagreements between employees and employers or their insurance carriers. When there is a dispute over the extent of the injury, authorized medical treatment, or benefit amounts, a hearing might be scheduled before a single hearing member (judge).
During this process, each side can present evidence, including medical opinions, to support its argument. If the issue is not resolved, it might go through further appeals within the Board. This system provides a structured way to handle disagreements.
Work Status and Returning to the Job
A treating doctor may clear a worker to resume light-duty tasks at some point during recovery. In Indiana, if the injured employee can perform a light-duty job for the employer, they may be required to do so. Failure to return to suitable light-duty work could affect workers’ compensation benefits.
Alternatively, if the doctor’s restrictions cannot be accommodated by the employer, the worker might continue receiving TTD benefits until the employer can accommodate them or the worker’s condition improves.
Dealing With Denials or Disputes
Workers occasionally face denial of claims. An insurer might deny coverage by arguing that the injury did not happen at work or that it was a pre-existing condition. Sometimes, an insurer might claim the worker did not follow safety protocols.
When that occurs, the individual can file a dispute with the Workers’ Compensation Board. Gathering medical records, witness testimony, or other evidence can help overcome a denial. If the Board sides with the worker, the insurer may need to pay the benefits that were initially withheld.
Contact Klezmer Maudlin PC for Help After a Construction Accident Injury
Construction workers in Indianapolis, Evansville, Jeffersonville, Lafayette, New Harmony, and beyond all follow the same statutes and regulations. Yet the details of each construction accident claim in Indiana can differ based on the nature of the project, the severity of injuries, and the number of parties involved.
Klezmer Maudlin PC serves injured workers across Indiana. The firm focuses on workers’ compensation claims, helping construction workers understand their legal options and, if necessary, exploring avenues for third-party liability claims. Taking initiative, documenting injuries, and advocating for proper medical treatment are all part of pursuing a successful construction accident claim in Indiana.
Anyone facing these circumstances may find relief in knowing there is a path forward. With the right information and action at each stage, injured construction workers can position themselves for the best possible outcome in what can be a challenging time for many workers and their families.
Call our Indianapolis office at 317-569-9644 or contact us online at any time. Let us put our knowledge of the Indiana workers’ compensation system to work for you.