Indiana’s Department of Workforce Development reported that the unemployment rate held steady in February 2010, inching up just 0.1% from 9.7% to 9.8%.
Indiana remains the only state in the area to report an unemployment rate below 10%.
Illinois reported jobless rates of 11.4%. Kentucky and Ohio’s unemployment rates were 10.95% and Michigan was 14.1%.
Continue reading "INDIANA UNEMPLOYMENT HOLDS STEADY AT 9.8%" »
A truck traveling in the northbound lane of Indiana State Road 37 crossed the center line and into the path of a semi-tractor hauling a tanker trailer near Newton Avenue just north of Strawtown. The impact also entangled a Mercedes Benz; however, police were not yet sure how the vehicle got involved. The three-vehicle crash forced the shut-down of traffic flowing on the Northern Hamilton County stretch of Indiana State Road 37 this morning.
The driver of the pick-up truck was taken to Methodist Hospital via helicopter; however, his condition wasn't believed to be life threatening. Authorities reported that the other two drivers were uninjured.
A construction worker was killed while on the job on the Indiana section of Interstate 80/94 Tuesday morning.
45-year-old Christopher Jenkins of Valparaiso, Indiana, was patching potholes in a construction zone at about 1:30 a.m. when he was hit by a 1993 Mercury Cougar. The driver attempted to flee, however, a co-worker stood in front of the car to prevent the driver from fleeing. Recognizing this, the driver got out of the car and ran away. State troopers and Lake Station officers have not located the driver; however, they have found items possibly identifying him inside the car.
Jenkins was an employee Walsh Construction of Gary, Indiana.
Bartholomew County Sheriff's Dep. Jeff Wehmiller is working to investigate a crash that left a Columbus teenager and a Bluffton dead Friday afternoon. The head-on collision occurred near 5913 W. Indiana 46. Both men, Michael Brickley, 57, of Bluffton and Katlin Piper, 19, of Columbus, were pronounced dead at Columbus Regional Hospital shortly after the crash; however, authorities believe they were both killed instantly on impact.
A five year-old passenger in the truck driven by Brickley, Aeryk Nicholson, was flown by helicopter to Methodist Hospital in Indianapolis for treatment. The child's condition was unavailable Friday night. Another passenger in Brickley's truck, Rochelle Saine, 46, of Bluffton, was transported by ambulance to Columbus Regional Hospital for treatment. Although her injuries were reported as non-life-threatening, no updates were available Friday afternoon.
According to police, it appears that Piper was eastbound on Indiana 46W at approximately 2:56 p.m. when his vehicle crossed the highway's center line and crashed head-on into Brickley's pickup. Police were baffled by what could have caused Piper to move into the westbound lane; however, some witnesses reported seeing a low-flying aircraft at the time of the accident. Police also observed the aircraft, but could not say for sure that it was a contributing factor in the accident. Toxicology tests were submitted; however, police do not believe that drugs or alcohol played a part in the collision.
Indiana State Trooper, Nick Klingkammer, was in his squad car stopped at a light near the intersection of Keystone and Fall Creek at around 1:30 am this morning when a vehicle driven by Sonja Dixon collided with him.
Klingkammer was taken to the hospital and released; however, it was discovered that Dixon had an blood-alcohol level of .21. Authorities are still investigating the incident; however, at this point they believe Dixon's intoxication was the cause.
A woman, who has not yet been identified by authorities, lost her life Monday morning when her vehicle was struck on north side of Indianapolis near North Michigan Road and Thorny Croft The accident occurred this morning just after 8 a.m.
Authorities reported that a Caucasian female driving a Honda Accord was near the 800 block in the southbound lane of North Michigan Road when she lost control of her vehicle as she approached slowing or stopped vehicles in front of her. Authorities believe she was attempting to avoid the vehicles in her lane and veered into northbound traffic hitting one or two other vehicles. The small two-door Honda Accord she was driving was spun out in front of an approaching northbound SUV. The Accord was t-boned on the driver’s side, and authorities believe the woman was likely killed instantly
Generally speaking, Indiana workers are precluded from filing a lawsuit against their employers or other people employed by the same employer when they are injured on the job. However, in the event that one can prove that the injury was due to the fault of another company or person employed by another company, an employee may also pursue what is called a "third-party claim". In this case, the employee would file a lawsuit for damages. This lawsuit would be in addition to the remedies available under the Indiana Worker's Compensation laws and benefits. Having said that, however, in most instances the employer's insurer will seek subrogation for those benefits paid on behalf of the employee. This is called a lien.
A common example of a work comp. injury with third party liability is an on-the-job auto accident. If an employee is traveling to a work-related function for the employer and is involved in a car accident due to the fault of another, the employee will probably be entitled to workers' compensation benefits for his or her injuries, but may also be permitted to file suite against the other driver under a third party claim for damages.
Another common example of third-party liability is in construction. If an employee is working on a large construction project and becomes injured from the neglect of another (such as an employee of another firm or sub-contractor) they may have a claim against that other firm or the general contractor who is in charge of safety on the job site.
Like a workers' compensation claim, in most cases the third-party claim must be filed within two years of the date of the accident. In some cases involving a defect in design or machinery, the Statute of Limitations may extend up to ten years from the date the product was placed into use. An attorney should be consulted immediately regarding the limitations on any case as these are very fact sensitive issues.
Continue reading "SOME INDIANA WORK INJURIES FALL OUTSIDE OF THE WORKER'S COMPENSATION REMEDIES" »
The Indiana Worker's Compensation Board has issued a handbook to facilitate employees' and employers' understanding of the laws which govern Indiana Work Comp claims. The following is a link to the Board's website and Handbook posting:
Two people were seriously injured in a morning car accident near State Road 13 when a truck driver pulled out into the path of a Chevy Impala. Police reported that the driver and a passenger in the Impala were taken to Methodist Hospital in Indianapolis, Indiana, after their vehicle was struck, which caused it to flip and land in a ditch.
The injuries at the time of reporting were not thought to be life-threatening. The driver and a passenger in the truck were not injured in the collision. Immediately following the collision, police shut down portions of SR 13 between 226th Street and 256th Street while crews cleared debris from the accident.
Continue reading "TWO PEOPLE ARE SERIOUSLY INJURED IN MORNING CAR CRASH IN HAMILTON COUNTY" »
The Indiana Court of Appeals has upheld the Worker's Compensation Board's prior ruling that an employer, a pizza retailer, must pay for the weight-loss surgery of an obese employee. All is not as it seems with this headline; however, as the ruling is based on the Court's reliance on medical testimony related to the actual injury the employee suffered while in the course and scope of his employment, a back injury. The Indiana Court of Appeals noted the medical evidence was such that the weight loss surgery was an extension of additional medical care required to ensure the success of an operation for a back injury.
Adam Childers, a 340 lb. cook employed by Boston's The Gourmet Pizza, of Schererville was originally injured by a freezer door. He treating surgeons testified that while he needed back surgery, the surgery would not be successful unless he first had weight-loss surgery. The employer, Boston's, argued it shouldn't have to pay because Childers' weight was a pre-existing condition, but the Indiana Workers' Compensation Board and the Court said the company had to pay because his weight and the accident created a single and continuous injury.
The LAP-BAND® Adjustable Gastric Banding System is a gastric banding system that helps individuals lose and control weight by reducing the amount of food that their stomach can hold at one time. According to the parent-company's website, the name "LAP-BAND" comes from the minimally invasive surgical technique used (laparoscopy) and the silicone gastric band placed around the top of the upper part of your stomach. The LAP-BAND® System works by helping individuals control their food intake and supporting long term, sustainable weight loss.
Although this procedure is not the type of surgery one might expect to be covered under a Worker’s Compensation claim, one Indiana pizza store has learned that its insurer will do just that. Boston's, a pizza shop in Schererville, Indiana, was told by an Indiana Appellate Court that its insurer will pay for an employee’s weight loss surgery and a subsequent back surgery. The issue arose after 25-year old and then 340 lb. (he is now listed at 380lbs.) Adam Childers was injured on the job.
Childers was injured in March 2007, when he was hit by the freezer door in the kitchen of Boston’s Gourmet Pizza. The injury, which caused him to fall down, caused Childers heavy back pain that spread to his legs and was said to require an operation. The twist to this story came in when Childers was medically advised that this operation wouldn’t be successful unless he lost some weight. In fact, according to at least one physician's testimony, there was a possibility that if he lost enough weight the back surgery might even turn out to be unnecessary.
Medical testimony offered during the Worker's Compensation Board Hearing, however, demonstrated that Childers was unable to lose weight on his own during the period he had his accident, and so his weight situation at that time, when added to the incident, was found to create a “single injury” under a worker's compensation claim that made him eligible for both the Lap-Band procedure and the subsequent back surgery.
