What to Do Immediately After a Construction Site Accident in Indiana

Worker Accident Insurance: Coverage for Disability Compensation and Social Benefits.

Construction sites have hazards that put workers at risk for injury. Falls, equipment malfunctions, and unsafe conditions can lead to serious accidents. When a worker gets hurt, what happens next affects their recovery and ability to receive workers’ compensation benefits.

In Indiana, workers’ compensation covers medical treatment and lost income, but employers and insurance companies do not always make the process easy. Workers must take specific steps to report the injury, get medical care, and document the accident to avoid delays or claim denials.

This guide explains what to do immediately after a construction site accident in Indiana. It covers reporting the injury, gathering evidence, and ensuring that benefits are handled correctly. Workers who know their rights can act early to protect their health and claims.

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Seek Immediate Medical Attention and Follow Medical Providers

Getting medical care immediately helps injured workers recover and ensures their condition is correctly documented for a workers’ compensation claim. Delays in treatment can raise questions about whether the injury happened at work or if it is as serious as claimed.

Indiana law allows employers to direct medical treatment for workers’ compensation claims (Indiana Code § 22-3-3-4). Injured workers may need to see a doctor their employer or insurance provider chooses. Treatment with an unapproved provider could result in denied medical coverage, except in emergencies.

If the injury is an emergency – Workers can seek immediate care at the nearest hospital. Once the condition is stable, treatment may need to continue with an employer-approved provider.
For non-emergency injuries – Workers should ask their employer where to go for treatment to ensure medical bills are covered.
Referrals to specialists – If a worker needs a specialist for treatment, the employer’s insurance company may have to approve the referral.

Why Medical Records Matter

Accurate medical records help prove that an injury happened on the job. When seeing a doctor, workers should:

Describe how the injury occurred – Mention what task was performed and what caused the accident.
Report all symptoms – Some injuries develop over time. Mentioning all pain and discomfort ensures they are included in medical records.
Follow the treatment plan – Missing appointments or ignoring medical advice can lead to claim denials.

Workers should request copies of medical records, treatment plans, and work restrictions. This information can help if an employer or insurance company disputes the claim.

Report the Construction Site Accident to Your Employer

Indiana law requires workers to report a workplace injury within 30 days (Indiana Code § 22-3-3-1). Failing to report within this time can result in a denied workers’ compensation claim. Reporting immediately ensures there is an official record of the accident.

How to Properly Report the Accident

Notify a supervisor or manager – Inform a direct supervisor, foreman, or site manager about the injury as soon as possible.
Provide specific details – Include the date, time, and location of the accident, as well as what caused it.
List witnesses – If coworkers or others saw the accident, their names should be included in the report.
Describe injuries – Even if symptoms seem minor initially, they should still be reported. Some injuries take time to appear fully.

Employers may require workers to complete an accident report. Workers should fill out this form carefully and request a copy for their records. If no official report is provided, a written statement with the details should be submitted by email or another trackable method.

Employers must also complete State Form 34401 and submit it to the Indiana Workers’ Compensation Board within seven days of learning about the injury.

Workers should confirm that their employer has filed this report. If an employer refuses to submit the claim, the worker should keep a record of their notification and consider speaking with an attorney.

What to Do If an Employer Refuses to Document the Accident

Some employers may avoid reporting workplace injuries to prevent increased insurance costs. If a worker is pressured not to file a claim or told to wait, they should:

Submit a written report – Include all accident details and send it to a supervisor or HR department.
Keep copies of all communications – Emails, text messages, and written statements help prove the injury was reported.
Ask a coworker to confirm the report. If a witness was present during the accident, they can provide a statement.
Document any refusal to file – If an employer refuses to report the injury, workers should write down the date and details of that conversation.

Under Indiana workers’ compensation laws, retaliation for reporting a workplace injury is illegal. Workers who experience threats, demotions, or termination after reporting an injury may have legal options.

Document the Construction Site Accident Scene

Construction sites change rapidly. Equipment moves, hazards get cleaned up, and work continues. If an accident is not documented immediately, proving what happened may not be easy. Employers and insurance companies may question whether unsafe conditions caused the injury.

How to Collect Evidence in a Construction Site Accident

Take Photos and Videos – Capture images of hazards, lack of warning signs, weather conditions, and personal injuries.
Write a Personal Accident Log – Describe what happened while details are fresh.
Check for Security Footage – If a camera recorded the accident, request the footage in writing.
Preserve Physical Evidence – Keep damaged clothing, tools, and other relevant objects.
Obtain Worksite Reports – Safety logs and maintenance records may support the claim.

Proper documentation helps protect a workers’ compensation claim. Employers and insurance companies may try to deny benefits by claiming the accident was unrelated to the workplace or that unsafe conditions did not exist.

What to Do If a Witness Is Reluctant to Provide a Statement

Some workers may be hesitant to get involved due to fear of retaliation. If a witness is unwilling to provide a formal statement, they may still:

Confirm details verbally, which the injured worker can document.
Provide information anonymously if permitted by company policy.
Agree to answer questions if an investigation occurs later.

If a witness refuses to cooperate, the injured worker should still write down their name and role in case their testimony is needed later.

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How Witness Testimony Supports a Workers’ Compensation Claim

Employers and insurance adjusters may attempt to dispute how an injury occurred, especially if there is no security footage. Witness accounts can strengthen a claim by:

Confirming that the accident happened at work.
Providing information about the cause of the injury.
Refuting false allegations that the worker was at fault.

Collecting witness information early prevents details from being forgotten and helps protect a worker’s right to benefits.

Keep Clothing and Safety Gear

Construction workers wear protective equipment on the job. If an accident results in torn clothing, damaged boots, or broken safety gear, those items should be kept as they were at the time of the accident. They may help show:

The severity of the fall or impact.
Whether required safety equipment failed.
If protective gear was worn properly.

Do not wash or repair clothing or gear; this may remove vital details. Store items in a safe place until they can be reviewed if needed.

Secure Tools and Equipment Involved in the Accident

If a tool, ladder, scaffold, or machine played a role in the accident, it should be kept in its post-accident condition. If possible:

Mark or tag the item to ensure it is not used or repaired before inspection.
Take photographs of any defects, malfunctions, or damage.
Request maintenance records to determine if the equipment had previous issues.

If the employer takes control of the equipment, workers should document its condition and confirm whether it was removed for inspection.

Preserve Hazardous Conditions

Some construction accidents happen in Indiana due to unsafe worksite conditions, such as:

Unsecured scaffolding or ladders.
Exposed electrical wiring.
Slippery or debris-covered surfaces.
Faulty machinery.

Since worksites change quickly, hazards may be fixed or removed after an accident. Workers should document unsafe conditions with:

Clear photographs from multiple angles.
Videos showing how the hazard affected movement or stability.
Written notes detailing previous complaints or warnings about the issue.

Save Any Worksite Reports or Safety Violations

If coworkers or supervisors had reported the hazard before the accident, those records should be saved. Past complaints or failed safety inspections may indicate that an employer failed to fix a known problem.

Workers should request copies of the following:

Safety reports.
Maintenance logs.
Incident records related to similar accidents.

How Physical Evidence Supports a Claim

Insurance companies may try to claim that an injury was caused by worker error rather than unsafe conditions. Preserving physical evidence helps counter these arguments by:

Demonstrating that safety hazards existed.
Establishing that protective gear was used correctly.
Documenting equipment failures or workplace negligence.

Workers who take steps to preserve evidence early strengthen their ability to receive benefits under Indiana’s workers’ compensation laws.

Filing a Workers’ Compensation Claim for a Construction Site Accident

How to Start a Claim for Workers Comp in Indiana

Once an accident is reported, the employer must file State Form 34401 with the Indiana Workers’ Compensation Board within seven days. Workers should confirm that their employer has submitted this form and follow up if necessary.

Workers’ Compensation Benefits in Indiana

Workers’ compensation covers:

Medical Expenses – Approved treatment costs.
Lost Wages – Temporary Total Disability (TTD) payments for missed work.
Permanent Impairment Benefits – Payment for lasting disabilities.

Workers who cannot return to work immediately may receive Temporary Total Disability (TTD) benefits, which equal two-thirds of the worker’s average weekly wage (subject to state limits). If a worker can return to light-duty work but earns less, Temporary Partial Disability (TPD) benefits may apply.

Workers’ compensation claims must follow strict deadlines. Missing a reporting or filing requirement could result in lost benefits.

What to Do If a Claim Is Delayed or Denied

Insurance companies may deny claims for reasons such as:

Disputes over whether the injury happened at work.
Allegations that the worker failed to follow safety procedures.
Claims that medical treatment is unnecessary or unrelated to the job injury.

Workers who receive a denial notice have the right to appeal. The appeal process involves:

Requesting a review – The worker can ask the employer’s insurance provider to reconsider the decision.
Filing an Application for Adjustment of Claim – This must be submitted to the Indiana Workers’ Compensation Board within two years of the accident.
Attending a hearing – A judge will review the case if the dispute is unresolved.

How to Protect a Workers’ Compensation Claim

To avoid claim issues, injured workers should:

Report the injury within 30 days.
Follow medical treatment recommendations.
Keep copies of all claim-related documents.
Track work absences and medical expenses.

Workers’ compensation claims must follow strict deadlines. Missing a reporting or filing requirement could result in lost benefits.

Get Help from Indiana Construction Site Accident Attorneys

Klezmer Maudlin has been helping injured workers across Indiana for over 25 years. Our firm focuses on workers’ compensation claims and deeply understands Indiana’s workers’ compensation laws. We wrote the Thomson Reuters guide on Indiana Workers’ Compensation law, which attorneys across Indiana rely on for legal guidance.

We advocate for injured workers against employers and insurance companies to ensure they receive the benefits they are entitled to under the law.

Our Indiana workers’ compensation attorneys understand how work injuries affect individuals and their families, and we work hard to ensure our clients receive proper medical care and compensation.

We Can Help If You:

If you have trouble filing a workers’ compensation claim or your employer delays the process,
Were denied benefits and need to appeal.
Are receiving benefits but believe something is wrong—such as delays, missed payments, or being sent to multiple doctors by the insurance company.
Are you not getting the medical treatment you need, or do you feel your employer is not taking your injury seriously?
You need legal guidance on a workers’ compensation appeal and want to protect your rights.
Want to know if you have a third-party claim against a negligent party outside your employer?

If you were injured on a construction site and need help with your workers’ compensation claim, call 317-597-6293 or fill out the free consultation form on our website. We will respond quickly, usually within 24 hours. There are no upfront fees—we don’t get paid unless you win.

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