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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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