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Recent Updates
June 21, 2010
Death Resulting from Work Injury
June 14, 2010
Tippecanoe County Jail Inmate Receives Incorrect Medical Treatment
June 11, 2010
Bus Accident Leaves One Dead and Several Injured
May 18, 2010
Indiana Medical Malpractice & Wrongful Death ? Rights to My Loved One?s Patient Medical Records
May 07, 2010
Hamilton County Indiana Jail Death
May 03, 2010
One Worker Dead Following Indiana Construction Accident
April 27, 2010
Car Accident Indianapolis Results in Serious Injuries
April 19, 2010
Trucking Accident Northern Indiana
March 29, 2010
Press Release from NTSA
March 24, 2010
Pallet Falls, Kills Kroger Employee
Worker's Compensation
According to US Department of Labor report entitled Workplace Injuries and Illnesses in 2004, there are 4.3 million workplace injuries and illnesses reported in private industry which is approximately 4.8 cases per 100 full-time workers per year. In Indiana, if you sustain a work-related accident, your employer, through their worker's compensation insurance company, directs all of your medical care. Therefore, it is extremely important that you report any accident or injury in the workplace to your employer immediately. Failure to report an injury in a timely manner may result in your worker's compensation claim being denied. Once you have reported your injury, your employer should instruct you where to go for medical treatment. If your injury prevents you from returning to work and you are off of work for more then 7 days, you are entitled to receive disability benefits at the rate of 2/3 of your Average Weekly Wage (AWW). Your employer must provide medical treatment until you reach Maximum Medical Improvement (MMI). At that time you will be released from doctor's care and your disability benefits will terminate. If your injury has any lasting effects, the treating physician may assign permanent work restrictions and a Permanent Partial Impairment (PPI) rating. This impairment rating directly affects the amount of money that you will receive for settlement of your worker's compensation claim. For more information including how to obtain more medical treatment or challenge the work comp doctor's impairment rating, call or email the attorneys at Wagner Reese & Crossen.
Death Resulting from Work Injury
Posted by: Steve Wagner
June 21, 2010
A man painting the inside of a tank at a power plant in Edwardsport, IN fell to his death after the scaffolding he was using collapsed. John Garrett, 52 years old, Owensville, suffered head and chest injuries that ultimately led to his death. The plant where Garrett was killed is being built for Duke Energy.
Early investigation of construction site accidents is crucial to protecting the rights of those who will have to deal with the loss of a loved one. Of course, considering potential legal action is usually the last thing on their mind. Turning the investigation over to an experienced construction accident lawyer can let the family deal with the loss while still preserving future recovery rights. Call today for a free consultation regarding your construction accident or other injury case. (800) 792-0332 or http://www.injuryattorneys.com/.
One Worker Dead Following Indiana Construction Accident
Posted by: Steve Wagner
May 03, 2010
A construction worker was killed on Interstate 94 near Burns Harbor, Indiana, two days after he was hit. The accident happened on Friday, April 30, 2010 and is being blamed on a drunk driver who made an illegal u-turn. The worker, 49 year old Roger Sadler, was dragged almost 35 feet after Ricardo Bustos made the turn and hit Sadler. Although Bustos fled from the scene, he was later found and arrested.
In such cases, the family of the victim not only has to deal with their grief in losing a loved one, but they also have to deal with the legal issues that follow a fatal work accident. Dealing with the employer's work comp insurance carrier, and the insurance company for the at fault driver, are the last things on their mind. The law requires the work comp carrier to pay for all medical treatment, funeral and burial costs, and up to 500 weeks of death benefits. Because Indiana work comp law does not provide any recovery for loss of love and affection or other non-economic damages, a wrongful death lawsuit against the wrongdoer is often the only way to ease the long term impact of a work death on the surviving family members. Wrongful death lawsuits require an immediate and thorough investigation, however.
For assistance with your work comp and wrongful death claims, call the one law firm who can help with both. The injury attorneys at Wagner Reese & Crossen will help get work comp benefits started immediately and will investigate your wrongful death claim right away. No retainer fee up front and no fee at all unless we win your case. Call today for a free consultation. Toll Free (800) 792-0332.
Pallet Falls, Kills Kroger Employee
Posted by: Trevor Crossen
March 24, 2010
An unfortunate accident has claimed the life of 32 year old Lori Keen of Franklin, Indiana. While checking in a shipment of water at a Franklin Kroger Supermarket, a pallet of the bottled water fell on Keen. After being on life support for several days, Keen died at Methodist Hospital on Saturday. Indiana Occupational Health and Safety Administration is completing an investigation.
If you or a loved one is injured at work, call the experienced attorneys at Wagner Reese & Crossen for a free consultation.
House Bill 1116
Posted by: Steve Wagner
March 02, 2010
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/.
Tragic Fall at Horner Electric
Posted by: Steve Wagner
November 13, 2009
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) .
Chimpanzee Attack
Posted by: Judy Pippin
October 19, 2009
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.
Deadly Indiana Hit & Run
Posted by: Steve Wagner
October 07, 2009
The driver of a tan GMC pick-up truck that was seen leaving the scene of an accident on Monday afternoon has turned himself 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.
Workplace Deaths Increase in Indiana
Posted by: Steve Wagner
August 24, 2009
Why is it that, despite the labor department increasing its enforcement and consultation efforts within the past few years, workplace deaths in Indiana still increased in 2008? Their goal is obviously to lower the number of deaths, injuries, and occupational illnesses that occur on the job in Indiana. The good news is that IOSHA (Indiana Occupational Safety and Health Administration) conducted 70% more inspections in 2008 than it did in the previous year. The Indiana Department of Labor reported 132 fatalities as a result of work-related injuries in 2008. Agricultural accidents were the leading cause of Hoosier workplace fatalities, with construction and manufacturing accidents not far behind.
If you or a loved one needs help with a work related injury or death claim, call the workplace accident attorneys at Wagner Reese & Crossen for a free consult today.
Postal Worker Injured on Indiana Highway 64
Posted by: Steve Wagner
July 29, 2009
Indiana Highway 64 in Georgetown, Indiana, was closed for several hours on Monday while Indiana State Police investigated an accident. Postal worker Tammy Byrn was struck from behind by Karie Wessling while delivering mail near the 8600 block of Indiana 64. Byrn, who had her emergency flashers illuminated when she was hit, had to be extricated from her vehicle. While Byrn was taken to University Hospital in Louisville with serious injuries, Wessling was transported to Floyd Memorial Hospital with non-life threatening injuries.
Because she was injured in the course and scope of her employment, Ms. Byrn will have both a worker's compensation claim against her employer and a personal injury claim against the driver who hit her. Federal workers are not covered by state worker's compensation laws; instead, their work injuries are subject to federal law and are processed by the Office of Worker's Compensation Programs (OWCP). However, like state work comp law, if Ms. Byrn recovers from the at-fault party, the OWCP will have a right to be repaid.
If you have been injured at work due to the negligence of a third party, call the law office of Wagner Reese & Crossen for a free consultation. We are one of the few Indiana law firms that regularly practice both worker's compensation and personal injury law.
Indianapolis Convention Center Accident
Posted by: Steve Wagner
June 18, 2009
An unfortunate accident occurred yesterday at the construction site of the Convention Center in Downtown Indianapolis. Stanley Roberts, 55, Indianapolis, Indiana was killed while operating a boom lift. Initial reports indicate that Roberts was thrown from the basket and fell about 50 feet. While Roberts was wearing a harness, it was not securely attached.
Under Indiana law and pursuant to most commercial construction contracts, a general contractor has a duty to maintain jobsite safety. This duty includes ensuring that all subcontractors on the job comply with OSHA safety regulations such as the rules requiring use of fall arrest equipment. If you of a loved one had been involved in an Indiana construction accident, call Wagner Reese & Crossen today. We will immediately investigate the accident by interviewing witnesses, photographing the scene, hiring experts, and preserving evidence. Call today for a free evaluation. Toll free (800) 792-0332.
Riverwalk Village Electrocution
Posted by: Steve Wagner
June 18, 2009
Two men installing guttering at Riverwalk Village in Noblesville, Indiana were injured when they came in contact with electrical wiring. Paul D. Holman, 55, Martinsville, Indiana, is in critical condition while Kenneth D. Brummett, Jr., 31, Martinsville, Indiana is expected to be released from Methodist Hospital. Both men were employees of D&B Continuous Guttering.
For assistance with an Indiana worker's compensation claim, call the Indiana work injury attorneys at Wagner Reese & Crossen for a free case evaluation today.
Toll Free (800) 792-0332.
Steel Dynamics Inc Death
Posted by: Steve Wagner
April 28, 2009
Cory G. Cochlin, Columbia City, Indiana, died after being run over by a large vehicle that transports slag from the plant at Steel Dynamics, Inc. Whitley County Coroner Scott A. Smith revealed that Cochlin died of "massive blunt-force trauma."
Unfortunately, this was not the first time a Steel Dynamics, Inc. employee has died while working. In 2006, James K. Hall died from asphyxiation after two 3-ton steel beams fell on his chest. For that incident, Steel Dynamics, Inc. was cited by Indiana Occupational Safety and Health Administration for a "serious" violation.
Under Indiana Worker's Compensation law, an injured party or his or her surviving spouse cannot sue the employer even if the employer's carelessness caused the injury. Instead, worker's compensation benefits are the worker's only remedy. Many people think this rule should be changed so that unsafe companies would have more of an incentive to keep the workplace safe. As the law stands now, Steel Dynamics could face an OSHA fine (as it did before) if there was an unsafe condition which contributed to this accident. However, Steel Dynamics will not have any civil liability other than worker's compensation death benefits.
Workers Injured after Explosion at ArcelorMittal Steel Mill ? East Chicago
Posted by: Steve Wagner
February 20, 2009
Three workers were injured in an explosion last week at ArcelorMittal Indiana Harbor steel mill. Two of the workers are still hospitalized with serious burns and head injuries while the third worker, James Broviak, was treated for minor injuries and released. Tracy Sandoval, Valparaiso, Indiana, was transferred to a Chicago area hospital with a serious head injury. Jeff Schnebel suffered third degree burns and is being treated in the Burn Unit at University of Chicago Medical Center. The explosion was unexpected and occurred in a slag processing unit at No. 7 Blast Furnace. All three injured workers were employees of subcontractors working in the mill - Beemsterboer, Lafarge North America, and H2O. It is unknown for which company each man worked.
Under Indiana worker's compensation law, each injured worker will be entitled to medical care provided by their respective employers, temporary total disability (TTD) payments at 2/3rd of their average weekly wage, and a lump sum permanent partial impairment (PPI) award. Depending on the circumstances of the accident, each worker may also have a liability claim against the company responsible for the explosion. An investigation into the facts and circumstances of the accident should be conducted as soon as possible. At Wagner Reese & Crossen, our law firm can assist injured workers in this situation by not only assisting with the work comp claim, but by investigating potential liability claims as well.
Worker Drowns in Construction Accident
Posted by: Steve Wagner
January 29, 2009
Stephen Walls, 51, Hartford City, drowned in downtown Wabash, Indiana, in a construction-ditch accident. Walls was an employee of Environmental Contractors, Inc., of Yorktown, Indiana. However, Environmental Contractors had been subcontracted by Indiana American Water Co. to work on this site at Carroll and West Streets. This unfortunate accident occurred just southwest of the new YMCA construction site.
Two holes had been dug in order to insert a concrete slab to cut off water flow to one of the holes. While Walls was in a hole near the street, he cut out a piece of piping. When he reached down between the piping, the water pressure from the other hole shoved the pipe against his arm, trapping him in the hole. The hole quickly filled with water resulting in Walls drowning.
Dozens of Indiana workers die in construction accidents each year. While some of these deaths can be classified as true accidents, most construction accidents are actually preventable and are due to the negligence of a contractor or general contractor. Under Indiana law, general contractors arecharged with a non-delegable duty to maintain jobsite safety. This includes ensuring that contractors and sub-contractors follow state and federal safety rules promulgated by OSHA and enforced by the state agency-IOSHA.
Understanding Indiana Worker?s Compensation Act
Posted by: Judy Pippin
October 01, 2008
Trying to understand the Indiana Worker's Compensation Act can be both confusing and frustrating. Due to the fact that the circumstances surrounding every case are different, adherence to a strict guideline such as the Worker's Compensation Act may be difficult. It is almost as confusing as trying to understand a cafe's special that may only apply the 12th day of every 3rd month but only if you are double jointed. In any event, Wagner Reese & Crossen, LLC can help you navigate through all of the confusion. You do not have to go through your injury alone. Please call today to speak to our competent worker's compensation division who are here to help you.
Compensability in Work-Related Injuries
Posted by: Judy Pippin
September 11, 2008
We just learned of a case in Iowa where an injured worker was awarded $8000.00 for medical expenses and benefits for an injury that was originally deemed not compensable. The worker in question injured himself when he became angry due to the fact that he was denied some requested time off. As a result, he struck a trailer in a fit of rage and ended up breaking his hand. The judge ruled that the injured worker did not intentionally create the injury, therefore making his injury compensable.
One of the best benefits in workers compensation is that it covers most of the injuries and accidents that can happen while an individual is working. We believe that this injury is a good example of how an injury can be found compensable even though when you first glance at it you may not think that it is. The bottom line is that you should always report a work-related injury as soon as it happens, no matter how the injury may have happened.
Workers Comp Benefits Awarded in UPS Case
A part-time employee of United Parcel Service was awarded $8,000 in workers compensation and medical expenses after a state administrative law judge found that the worker did not intentionally create the injury. The worker was upset that he could not have time off and broke his hand when he struck a UPS trailer in a fit of temper, although he initially lied about how he broke his hand. UPS has appealed the ruling. David Elbert, DesMoines Register 08/01/2008
Medical Treatment While Receiving Worker's Compensation Benefits
Posted by: Judy Pippin
August 27, 2008
Under Indiana law, your employer's worker's compensation insurance company controls your medical treatment while you are receiving your worker's compensation benefits. Many injured workers would like to choose their own doctors to provide them with treatment. If you do so, more often than not you will be responsible for paying that physician. Also, there are instances where a worker's compensation insurance company may find that you are non-compliant with your worker's compensation medical treatment if you seek outside medical care. This usually happens in instances where more than one doctor is providing medication or there is conflicting treatment. Occasionally, the worker's compensation company may authorize treatment from the doctor of your choice. However, in general the worker's compensation carrier will pick your physician and course of medical treatment. If you have any questions concerning this matter, please do not hesitate to contact the attorneys at Wagner Reese & Crossen.
SECONDARY INJURIES DURING A WORKER?S COMPENSATION CLAIM
Posted by: Judy Pippin
May 06, 2008
If you are currently receiving medical treatment for a work-related injury and you experience a subsequent injury, you need to report the second injury to your employer as soon as possible. If the second injury happened at work, then your employer may open a totally new worker's compensation case. However, if the second injury did not happen at work, but you think it may have happened because of the work injury--you may still be covered under worker's compensation. If you would like more information on subsequent injuries, please contact the attorneys at Wagner Reese and Crossen.
CAN AN INJURED PARTY SUE THEIR EMPLOYER FOR A WORK RELATED INJURY?
Posted by: Judy Pippin
March 18, 2008
The Indiana Worker's Compensation Act was created back in the 1800s. The purpose behind the Act is to get medical treatment and some wage benefits to injured workers and to shield employers from liability. This means that an injured worker should get the basic benefits of health care and wages while recovering from the work injury. It also means that most of the time, you cannot sue your employer for the accident. There are some exceptions, for example, if you were driving somewhere while in the course of your employment and were in an automobile accident caused by another party, you may have a claim against your employer for worker's compensation and against the driver of the other vehicle for the automobile accident. However, if you are at work and trip over a bucket left by someone else, then you do not have a case against your co-worker or employer. If you were a customer who tripped over the same bucket and sustained injuries, then you may have a case against the property owner or renter of the building. At Wagner Reese & Crossen, we are happy to talk with you about these and other issues you may have with your worker's compensation case.
Worker's Compensation
Posted by: Judy Pippin
March 10, 2008
After a work related injury, we understand that your whole world is turned upside-down. Not only are you dealing with the physical pain of the injury and potential depression from being injured, but there can also be additional financial difficulties. What your worker's compensation insurance company may not tell you is that you may be eligible to receive mileage reimbursement for travelling to doctor appointments outside of the county of your employer. While paying your mileage expenses is not going to fix all of your financial problems, it can certainly help get alittle extra cash into the household. We realize that a lot of times the injured worker does not even know that they can recover mileage expenses. In Indiana, the rule is that you can recover mileage at $0.40 cents per mile if the medical treatment is outside of the county of your employment. At Wagner Reese & Crossen, we are always trying to maximize the benefits that you are entitled to in order to assist you in every way possible and every little bit helps. So, remember if you are travelling outside of the county of your employment for your medical treatment, keep a mileage log for reimbursement purposes.
