Blog Topic
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.
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.
