Many people rely on the Workers’ Compensation system when they receive injuries in the workplace. However, for catastrophic injuries or deaths, the system might not truly address the underlying issues that caused the accident.
This is especially true in complex situations. Deaths in factories, on construction sites or while driving during the course of employment are all potential examples; they might go beyond Workers’ Compensation.
Negligence and injury in Indiana
Pursuing full compensation and bringing all responsible parties to justice are two common goals of work-related personal injury lawsuits. These pursuits are possible in part due to the way Indiana law handles negligence.
Negligence is a legal concept that courts use to define the degree of responsibility people have for injuries. For example, a piece of construction machinery could fail, causing death due to a manufacturing defect. In this hypothetical case, the company that made the machine might be liable for the injury.
Indiana also has a system in which the courts determine percentages of negligence. These percentages would represent the total amount of damages for which each party might be responsible. Following the previous example, if the manufacturing defect was responsible for 90% of the accident, then the manufacturer of the machine could be responsible for paying for 90% of the damages in the case.
Parties to a work-injury lawsuit
Plaintiffs in a multi-party work-injury lawsuit would typically be either the person with the injury or, in the case of death, the people who represent that person. The defendants in on-the-job-injury lawsuits would range considerably.
Cases in this particular area of law are often complex. Successful strategies often come from a complete command of the facts of the case as well as knowledge of the interaction between personal injury and Workers’ Compensation law.