Construction Site Injuries in Indiana
Whether an injured construction worker in Indiana can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: An injured worker's rights under Indiana's workers' compensation law are the exclusive remedy against the employer. IC 22-3-2-6, 22-3-2-13
| Construction site injuries | An injured worker's rights under Indiana's workers' compensation law are the exclusive remedy against the employer. If someone other than the employer and not in the same employ (for example, another contractor or an equipment maker) is legally liable, the worker may sue that person, and the employer or its insurer is repaid the compensation and medical expenses it paid out of the recovery. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. Source: IC 22-3-2-6, 22-3-2-13 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault. Source: Ind. Code § 34-51-2-6 |
| Deadline to sue for an injury | A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines. Source: Ind. Code § 34-11-2-4 |
More Indiana personal injury & wrongful death
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- Wrongful Death Lawsuits in Indiana
- Medical Malpractice Rules in Indiana
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FAQ
Can you sue for a construction accident in Indiana?
An injured worker's rights under Indiana's workers' compensation law are the exclusive remedy against the employer. If someone other than the employer and not in the same employ (for example, another contractor or an equipment maker) is legally liable, the worker may sue that person, and the employer or its insurer is repaid the compensation and medical expenses it paid out of the recovery.
Can you recover damages if you were partly at fault in Indiana?
Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault.
What is the statute of limitations for personal injury in Indiana?
A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.