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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.
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) .
