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June 21, 2010
Death Resulting from Work Injury
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Indiana Medical Malpractice & Wrongful Death ? Rights to My Loved One?s Patient Medical Records
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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.
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.
