Proving Fault in Construction Accident Cases

Construction Accidents

the image shows a construction site with a bulldozer in sand under a blue sky, representing an article about proving fault in construction accident cases.


If you have been injured on a construction site while on the job, you may have more options for pursuing compensation than you realize. Proving fault is an element of many work injury cases, which our lawyers can help you navigate.  

Proving Fault in Workers’ Compensation Claims

Negligence is not a necessary issue in workers’ compensation claims. If you elect to pursue workers’ compensation, you are required only to show:

  • That you suffered an injury.
  • That the injury occurred while on the job.
  • The extent of your injuries.

Although filing for workers’ compensation may seem like a straightforward process, many perfectly legitimate workers’ compensation claims are denied or underpaid. In such cases, a workers’ compensation lawyer from Golitko & Daly can help ensure your right to full compensation is properly asserted and protected.

It is worth noting that workers’ compensation will be awarded in an amount that covers actual losses and expenses, as opposed to pain and suffering and other less tangible damages.

Many injured construction workers believe the only avenue for compensation is through the workers’ compensation system. While this is the most common course of action, it is not the only option. It may not even be the best option in some cases. Our lawyers at Golitko & Daly can help you understand your options and choose the right path forward. 

Proving Fault in Personal Injury Lawsuits

Some Indianapolis construction accidents involve negligence on the part of a third party, such as an outside contractor or the manufacturer of faulty equipment. In such cases, you may consider filing a personal injury claim in addition to a workers’ compensation claim. How an attorney will advise you to proceed will depend on the circumstances surrounding the case.

If, for example, the responsible party was a person or organization, an attorney would have to establish negligence on the part of that party in order to obtain compensation. In other words, an attorney and plaintiff would have to show that:

  • The party in question owed you a duty of care.
  • In failing to act as a reasonable person or organization would under the same circumstances, that duty was breached.
  • You were injured as a result of this breach of duty.
  • You sustained demonstrable losses and expenses as a result of this injury.

If, however, you were injured by a defective product, the doctrine of strict liability would come into play. In such cases, there is no requirement to demonstrate a precise act of negligence. The presence of the design or manufacturing flaw is sufficient evidence of negligence in and of itself.

If your injury resulted from extreme negligence on the part of your employer, it may be in your best interest to waive the right to workers’ compensation altogether and file a personal injury claim against your employer.

Golitko & Daly Work Injury Lawyers

As a construction worker, you have rights. The Indianapolis workers’ compensation lawyers of Golitko & Daly can evaluate your case if you have been injured while working on a construction site. An attorney will help you to understand every possible course of action so you can make an informed, confident decision. Contact us for a free consultation.