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House Bill 1116
Posted by: Steve Wagner
March 02, 2010
Topic: Worker's Compensation

As an injured worker, you might be familiar with delays and problems that arise throughout the Worker's Compensation process. Thanks to Indiana State Representative Chuck Moseley, those delays and shortfalls in treatment will be improving in the near future. House Bill 1116 would prohibit an employer or an employer's work comp insurance carrier from delaying emergency medical treatment for worker's compensation injuries. While the bill now must return to the House for approval, change is on the horizon.

All too often we see instances where an injured employee is denied immediate medical treatment after being injured on the job. The employer will often send the employee home to "rest", tell the employee to see his or her family doctor, or even fire the employee. All of these actions are taken to avoid filing a claim with the employer's work comp insurance carrier as required by law.

For help with your work comp claim or any personal injury claim, contact the injury lawyers at Wagner Reese & Crossen today for a free case evaluation. Call (800) 792-0332 or visit http://www.injuryattorneys.com/.

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Texting While Driving
Posted by: Steve Wagner
February 25, 2010
Topic: Motor Vehicle Accidents

Truck and bus drivers of equipment over 10,000 pounds now face large fines if caught texting while driving. Effective immediately, The Transportation Department has banned texting while other safety advocates continue the fight against all cell phone use of all drivers behind the wheel. Research complied by Federal Motor Carrier Administration says that drivers who are texting take their eyes off of the road an average of 4.6 seconds out of every 6 seconds. These distracted drivers are a result of many accidents that often lead to serious injury or death.

If you have been injured, or a love one killed, due to a driver texting while driving, call the Indiana injury law firm of Wagner Reese & Crossen for a free consultation today. Call (800) 792-0332 or visit us on the web at http://www.injuryattorneys.com/.

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Shelby County Indiana Passenger Van Accident
Posted by: Trevor Crossen
February 01, 2010
Topic: Motor Vehicle Accidents

Two family members are dead following a family trip to Atlanta, GA. Vijay Patel, 20, Broadview, IL, and Sujay Patel, 20, Summit, IL, died after a semi truck rear ended their passenger van on I-65N at mile marker 80, near Edinburgh in Shelby County, Indiana. Shelby County is 25 miles south of Indianapolis. The driver of the 18 wheeler, Randall L. Chriscoe of Ramseur, North Carolina was previously seen weaving in and out of traffic and traveling at a high rate of speed. Just as the passenger van was attempting to pull off into the shoulder of the highway, Chriscoe rear-ended the family, pushing the van off of the road and causing it to flip. Both victims were pronounced dead at the scene.

Truck accidents can happen as the result of driver fatigue. The "weaving" of the semi-truck prior to the accident may reveal that of fatigue of the truck driver. Investigation into the actual cause will need to be done promptly.

If you or a family member has been involved in an accident, please contact Wagner Reese & Crossen for a free consultation.

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Orange County IN Fatal Accident
Posted by: Steve Wagner
January 12, 2010
Topic: Motor Vehicle Accidents

We have all thought about it as we are driving behind or next to a semi-truck hauling large pieces of equipment: what if that equipment came loose and fell from the bed of the truck? Last night on S.R. 37 at County Line Road in Orange County, Indiana, about one mile north of Orleans, such an event took place as a semi-truck driver attempted to negotiate a turn. The fatal accident occurred after a 42,000 pound coil came off of the trailer, striking a north bound pick-up truck and another car behind the truck. Three people were killed.  The driver of the pick-up truck has been identified as 22 year-old Zachary Staggs of Bedford, IN.  There were two passengers in his vehicle.  Shannon Steele, 21, Jasper, was killed in this unfortunate accident and 11 year-old Mackenzie Taylor was airlifted to a hospital with serious injuries.  The driver of the vehicle behind Staggs, 41 year-old Michael Daugherty of Mitchell, IN, was also killed in the accident.

This horrible accident likely could have been prevented if proper safety steps were undertaken by the truck driver, his company, and the shipper. Chains can wear and break; cargo can tilt and shift and fall. These are foreseeable hazards. As a prior safety director of a major trucking company, Charles Stratis of Wagner Reese & Crossen knows that all three parties (driver, company, and the shipper) have a responsibility to adequately secure the load. Unfortunately, in an industry premised on speedy deliveries, safe packaging and loading is often overlooked in warehouses, in drop yards, and on dark loading docks.

Cases such as this will require a thorough investigation and the hiring of numerous experts. For example, if the load fell due to a broken chain, a metallurgist (an engineer dealing in metals and metals analysis) should be hired. If the load fell due to improper loading, a packaging and cargo expert may be needed. Finally, if the accident was due to the driver's negligence in failing to secure his load, a truck expert like Mr. Stratis would be needed.

For more information regarding truck accident injury claims, contact Wagner Reese & Crossen at (800) 792-0332 or www.InjuryAttorneys.com. 

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Indiana 9 Collision Involving UPS Truck
Posted by: Trevor Crossen
November 13, 2009
Topic: Motor Vehicle Accidents

A four car collision in Anderson, Indiana sent one elderly woman to the hospital. A vehicle traveling northbound on Indiana 9 was rear ended andpushed into the southbound lanes causing a collision with 74 year old Marilyn Vandergrift. That collision caused Vandergrift to then hit a parked UPS truck whose driver was in the back of the vehicle retrieving a package for delivery. Vandergrift was transported to St. John's Medical Center with minor injuries.

It may be a violation of law for a delivery driver to park his delivery vehicle in the roadway. Motorists also have a duty to maintain a lookout for stopped vehicles in the roadway. Many motorists are injured from this manner.

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Tragic Fall at Horner Electric
Posted by: Steve Wagner
November 13, 2009
Topic: Worker's Compensation

An unfortunate accident occurred yesterday afternoon at Horner Electric on Indianapolis's south side. Dan Jansen, 53, was found by co-workers lying on the floor. He suffered a traumatic brain injury and was pronounced dead at the scene. Although it is unclear what caused Jansen's death, co-workers indicated that Jansen had previously been on a ladder. It is unknown if Jansen became entangled in a piece of equipment or if something happened medically that caused him to fall. Jansen had been an employee of Horner Electric for 4 years.

Under Indiana work comp law, a claim for death benefits by the surviving spouse or minor dependents is compensable if the death "arose out of and in the course of employment." Claims are allowed even if the accident was due to the negligence of the injured worker. One of the few potential defenses an employer has is to argue that the accident was caused by an unrelated medical condition. For example, if a worker has a heart attack and falls off a ladder sustaining injuries which lead to his death, the employer might successfully argue the fall (and the resulting fatal injuries) did not arise out of the employment but rather from the heart attack. However, it is the employer's burden of proof to show the accident was due to the unrelated medical condition. If there are no witnesses to an accident and the medical evidence is inconclusive, the Worker's compensation judge is likely to find in the employee's favor.

For a free consultation on your work injury claim, call the work comp attorneys at Wagner Reese & Crossen today (800-792-0332) .

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Indiana I-65 & Keystone Ave Accident
Posted by: Steve Wagner
November 09, 2009
Topic: Motor Vehicle Accidents

A family traveling through Indianapolis on Friday night was involved in a serious crash on I-65 at Keystone Avenue. The McCormick family was hit from behind by an RV driven by Charles Walker, Knox, Indiana. The father, Erik McCormick was not injured. The mother, Erin McCormick, was treated and released on the night of the accident. However, the McCormick's two small children, 4 year old Gwendolyn and 2 year old Quintin remain in critical condition in Riley Hospital. The driver of the RV was cited for several offenses, including speeding when required to reduce speed.

Under Indiana law, minor children injured in an accident can bring a claim through their parents or even a court appointed guardian or "next friend." Recoverable damages include past and future medical bills, compensation for pain and suffering, and compensation for the permanency of any injuries. If your child has been injured in an accident due to some else's negligence, call Wagner Reese & Crossen today for a free consultation. The lawyers at Wagner Reese & Crossen all have young children and know firsthand how devastating child injuries can be.

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Chimpanzee Attack
Posted by: Judy Pippin
October 19, 2009
Topic: Worker's Compensation

Can a chimpanzee attack be a worker's compensation case? The attorney representing the owner of a chimpanzee who mauled a woman in February says that the mauled woman was actually an employee of the chimpanzee owner. Charla Nash was mauled in February by Travis, a chimpanzee owned by Sandra Harold. Nash's family has filed a $50 million lawsuit against Harold claiming negligence and the inability to control a "wild animal with violent propensities."

Harold is the owner of a towing company called "Desire Me Motors." The business is run out of her home, the site of the attack. Harold claims that Nash was an employee of this company. As an employee, Nash will only be entitled to payment of medical bills by Harold's insurance company, as well as a portion of her wages while she is unable to work. If Harold can prove that Nash was an employee, Harold will be protected from a civil suit that would entitle Nash to pain and suffering experienced as a result of the attack. This case is an excellent example of how worker's compensation cases shield employers from liability.

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Medical Malpractice Awards
Posted by: Jason Reese
October 07, 2009
Topic: Personal Injury

Indiana is just one of 35 states that limit the amount of compensation a patient receives following a medical error. Patients in Indiana are only able to receive maximum damages of $1.25 million. Capping jury awards allows for a slow growth in the cost of medical malpractice insurance for doctors. These caps, however, do not seem to have a significant impact on doctor's fees, only reducing total health-care spending by less than .02%. The questions surrounding costs of medical malpractice lawsuits seem to be gaining increasing attention in the overall health-care debate. To date, President Obama has ruled out support of a national cap on malpractice awards.

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Deadly Indiana Hit & Run
Posted by: Steve Wagner
October 07, 2009
Topic: Worker's Compensation

The driver of a tan GMC pick-up truck that was seen leaving the scene of an accident on Monday afternoon has turnedhimself in to police. Robert Volkert, Hicksville, Ohio, faces preliminary charges of failure to stop after an accident resulting in death. Andrew Landes was struck and killed instantly while painting aerial markings on Indiana 1 in DeKalb County. Landes was an employee of Butler, Fairman & Seufert Civil Engineers, an Indianapolis-based firm.

Under Indiana law, the estate of Mr. Landes will have a claim for wrongful death against Mr. Volkert for his negligence. Because Mr. Landes was in the course and scope of his employment at the time of the accident, his survivors can also pursue a worker's compensation claim for death benefits as well. Finally, even though Mr. Landes was not operating a vehicle at the time of the accident, there may be additional insurance coverage under his company's commercial auto policy or his own auto policy. Injury and death claims occurring in the course and scope of employment require a law firm well versed in Indiana worker's compensation law, personal injury law, and insurance coverage issues. The injury attorneys at Wagner Reese & Crossen routinely handle this type of complex case. For more information, please visit http://www.injuryattorneys.com/ or call (800) 792-0332 for a free consultation.

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