Construction Accident Complaint - Indiana
Before filing: Identify the plaintiff's employer, every proposed defendant's employment relationship and role at the site, and the facts supporting each defendant's duty. If workers' compensation is payable, Ind. Code § 22-3-2-13(a) permits this route only against a legally liable person other than the employer and not in the same employ. Check any contractor's compensation responsibility under § 22-3-2-14 and the action's accrual and filing dates. Add an OSHA or product-defect theory only after identifying the applicable rule, regulated actor, and facts.
STATE OF INDIANA\
IN THE [COUNTY] CIRCUIT COURT
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | Cause No. [________] |
| [DEFENDANT NAME(S)], | Defendant(s) |
COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT
Plaintiff, by counsel, alleges:
Parties, jurisdiction, and venue
- Plaintiff [NAME] resides in [COUNTY, STATE] and was working as [ROLE] for [EMPLOYER NAME] at [PROJECT ADDRESS] on [__/__/____].
- Defendant [NAME] is [ENTITY OR INDIVIDUAL DESCRIPTION, ADDRESS, AND SITE ROLE]. [REPEAT FOR EACH DEFENDANT.]
- Defendant's relationship to Plaintiff's employer and the construction project was [DESCRIBE THE CONTRACTING AND EMPLOYMENT RELATIONSHIPS].
- This Court has civil jurisdiction under Ind. Code § 33-28-1-2(a)(1).
- Preferred venue lies in [COUNTY] County under Ind. Trial Rule 75(A)([SUBSECTION]) because [FACTS SUPPORTING THAT PARTICULAR VENUE BASIS].
Count I — Negligence against third party
- On [__/__/____], Plaintiff was [ACTIVITY] at [SPECIFIC WORKSITE LOCATION] when [DESCRIBE ACCIDENT AND EQUIPMENT OR CONDITION INVOLVED].
- Defendant [NAME] [DESCRIBE ITS OWN CONDUCT, CONTROL OVER THE HAZARD, OR SPECIFIC UNDERTAKING OR CONTRACT PROVISION GIVING RISE TO A DUTY TO THIS PLAINTIFF].
- Defendant owed Plaintiff a duty of reasonable care arising from [STATE THE FACTUAL BASIS FOR THIS DEFENDANT'S DUTY].
- Defendant breached that duty by [SPECIFIC ACT OR OMISSION, INCLUDING NOTICE AND OPPORTUNITY TO CORRECT WHEN MATERIAL].
- That breach directly and proximately caused [DESCRIBE THE ACCIDENT MECHANISM] and Plaintiff's [IDENTIFY INJURIES].
- Plaintiff has incurred [MEDICAL EXPENSES, LOST EARNINGS, PHYSICAL PAIN, IMPAIRMENT, AND OTHER PROVABLE LOSSES] as a result.
- [IF COMPENSATION IS PAYABLE: The injury occurred under circumstances creating Defendant's legal liability as a person other than Plaintiff's employer and not in the same employ, within Ind. Code § 22-3-2-13(a). This action was filed within two years after the cause of action accrued under § 22-3-2-13(e).]
Demand for relief
Plaintiff requests judgment against Defendant for compensatory damages established by the evidence, taxable costs, and any further relief the Court finds proper. This personal-injury demand states no dollar amount under Ind. Trial Rule 8(A).
Jury demand
Plaintiff demands a jury trial on all issues triable of right by jury under Ind. Trial Rule 38(B).
Dated: [__/__/____]
[ATTORNEY SIGNATURE]\
[ATTORNEY NAME], Attorney No. [NUMBER]\
[FIRM NAME]\
[ADDRESS]\
[TELEPHONE]\
[EMAIL]\
Attorney for Plaintiff
About this template
- Last updated
- October 19, 2026
- Citations checked
- October 19, 2026
- Jurisdiction
- Indiana
- Category
- Personal Injury
Legal authority
- Ind. Code § 22-3-2-6 (exclusive remedies for an employee subject to the compensation law)
- Ind. Code § 22-3-2-13(a), (e) (action against a liable person other than the employer and not in the same employ; filing period)
- Ind. Code § 22-3-2-14(b)-(c) (conditional compensation responsibility of certain contractors)
- Ind. Code § 34-11-2-4(a)(1) (two years after accrual for injury-to-person actions)
- Ind. Code § 33-28-1-2(a)(1) (circuit court civil jurisdiction)
- Ind. Trial Rule 75(A) (preferred venue)
- Ind. Trial Rule 8(A) (short statement and demand; no dollar figure in personal-injury demand)
- Ind. Trial Rule 38(B) (jury demand)
- Ind. Trial Rule 11(A) (attorney signature)
- Martin v. DLZ Construction, LLC, No. 25A-CT-2444, slip op. at 11 (Ind. Ct. App. Mar. 5, 2026) (memorandum decision; negligence elements)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 19, 2026.
Ind. Code § 22-3-2-6 (checked October 19, 2026): "The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, the employee's personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury or death, except for remedies available under IC 5-2-6.1."
Ind. Code § 22-3-2-13(a) (checked October 19, 2026): "Whenever an injury or death, for which compensation is payable under chapters 2 through 6 of this article shall have been sustained under circumstances creating in some other person than the employer and not in the same employ a legal liability to pay damages in respect thereto, the injured employee, or the injured employee's dependents, in case of death, may commence legal proceedings against the other person to recover damages notwithstanding the employer's or the employer's compensation insurance carrier's payment of or liability to pay compensation under chapters 2 through 6 of this article."
Ind. Code § 22-3-2-13(e) (checked October 19, 2026): "The employee, or in the event of the employee's death, the employee's dependents, shall institute legal proceedings against the other person for damages, within two (2) years after the cause of action accrues."
Ind. Code § 22-3-2-14(b)-(c) (checked October 19, 2026): "Any contractor who shall sublet any contract for the performance of any work, to a subcontractor subject to the compensation provisions of IC 22-3-2 through IC 22-3-6, without obtaining a certificate from the worker's compensation board showing that such subcontractor has complied with section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable to the same extent as such subcontractor for the payment of compensation, physician's fees, hospital fees, nurse's charges, and burial expenses on account of the injury or death of any employee of such subcontractor due to an accident arising out of and in the course of the performance of the work covered by such subcontract."
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