Indiana Injury Lawyer Blog

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:

INDIANA WORK COMP HANDBOOK

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Continue reading "SEMI TRACTOR TRAILER OVERTURNS ON INTERSTATE 465 NEAR I 74" »

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.

Continue reading "INDIANA COURT UPHOLDS WOKERS COMPENSATION BOARD RULING THAT FORCES EMPLOYER TO PAY FOR WEIGHT LOSS SURGERY" »

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.

Continue reading "LAP-BAND WEIGHT LOSS SURGERY TO BE COVERED UNDER INDIANA EMPLOYEE'S WORKERS COMPENSATION CLAIM" »

The Worker's Compensation Board of Indiana maintains a website that allows victims of work-related injuries in Indiana to research issues related to potential claims, obtain forms to file claims, and answer common questions regarding injuries sustained while on the job. The website has recently seen a face-lift and has benefited from numerous additions including statutory language, forms, and scheduling details for pending claims. The website is a true asset to Indiana Workers and their families who have suffered injuries while on their job or through their employment. The website can also be an asset for new or operating businesses to research their requirements and obligations under Indiana's Worker's Compensation laws.

Continue reading "INDIANA WORKER COMPENSATION BOARD HAS WEBSITE TO FACILITATE EMPLOYEES INJURED ON THE JOB" »

Westchester County officials are at a loss to explain the actions of the Long Island Mother that got behind the wheel of her mini-van while drunk on vodka and high on marijuana. The deadly combination attributed to her driving the wrong-way down a Westchester highway and killing herself and seven others, including her own daughter.

The Westchester County Medical Examiner released toxicology reports conducted on 36-year-old Diane Schuler following the deadly July 26th crash along the Taconic State Parkway in Briarcliff Manor. The report noted that Schuler's blood-alcohol level was .19%. The legal limit in New York is .08%. Although no criminal charges are anticipated in light of Schuler's death, the Westchester County District Attorney, Janet DiFiore, indicated that her office, accompanied by the New York State Police, will continue to investigate the facts surrounding the collision that caused eight deaths. DiFiore justified the continued investigation noting that she wanted the public and the families of the victims to "understand what lead to this horrific crash".

Among the victims of Schuler's actions were her 2-year-old daughter and three nieces. According to initial reports, Schuler, her daughter and her three nieces were returning home to West Babylon, Long Island, from a camping trip in upstate New York when she traveled nearly two miles against oncoming traffic before colliding head-on with a Chevrolet Trail Blazer driven by Guy Bastardi.

Bastardi was traveling with his father, Michael, and family friend, Daniel Longo. All three men were killed by the head-on collision.

The only survivor of the accident was Schuler's 5-year-old son, Bryan. Bryan is listed in stable condition at Westchester Medical Center, where he continues to receive medical care.

Sections of Interstate 74 near Brownsburg, Indiana, were completely shut down just after 8:15 am on Wednesday as result of a head on auto collision. Authorities were able to reopen all lanes just after 1 p.m..

The Hendricks County Sheriff's Department reported that a 59 year old woman driving a mid-sized SUV entered I-74 from an exit ramp at Ronald Reagan Parkway near Avon, placing her in the wrong lane travelling into the path of oncoming traffic. Eye-witnesses reported that the woman struck a semi near its rear axle, and her vehicle was sent airborne whereupon it struck another semi-tractor trailer head-on.

According the Hendrick's County Sheriff's Department, the woman was driving a Jeep Cherokee. She was killed instantly upon impact; however, neither semi driver was reportedly injured. Police were not yet reporting the driver's name.

Continue reading "AUTO CRASH ON INTERSTATE 74 CLAIMS THE LIFE OF WOMAN NEAR BROWNSBURG" »

Officials at an amusement park in Indiana are blaming injuries to over forty people on a defective pump. In reports to the press, the President of Holiday World Splashin Safari in Indiana reported that a filter pump malfunction on a water ride sent highly concentrated levels of bleach and muriatic acid into the Bahari River waters at Splashin' Safari on Saturday. The leak caused severe breathing injuries and sent 24 people to nearby hospitals via ambulance. Press reports indicated that nearly 18 others arrived on their own. Two people were kept overnight for observation and have since been released.

FOR INFORMATION RELATED TO INJURIES AND LEGAL ISSUES RELATED AMUSEMENT PARKS, CONTACT:

Continue reading "TOXIC LEAK DUE TO PUMP FAILURE CAUSES MULTIPLE INJURIES AT HOLIDAY WORLD SPLASHIN SAFARI IN INDIANA" »

Erin C. Ford, 20, of Coatesville, became the second victim to succumb to injuries in Sunday's head on collision on Interstate 70. Ford was taken off life support at Methodist Hospital in Indianapolis, Indiana, at approximately 4:15 p.m. on Sunday afternoon according to a press release.
The two-car crash happened around 6 p.m. Saturday near Indiana Highway 267.

Luke Lovins, 21, the driver of the vehicle in which Ford was riding, was pronounced dead at the scene. Lovins had been driving eastbound in his 2005 Chevrolet Malibu with four passengers, including Ford, when a westbound 2000 Ford pickup truck driven by Alfredo Luviano Martinez, 31, of St. Louis, crossed the median and hit them head on.

Thomas F. Ford, 53, Coatesville, remained in critical condition late Sunday at Wishard Memorial Hospital. Debora S. Ford, 50, and Chandler B. Ford, 13, both of Coatesville, Indiana, were taken to Methodist on Saturday and were listed in critical condition.

Martinez was treated at Methodist and released Saturday. Police said his pickup truck might have blown a tire just before the crash. Martinez was not cited, and alcohol is not believed to be a factor in the fatal collision.

The wife of Peru resident and PGA golf professional, Chris Smith, was killed and his children severely injured in a crash on Interstate 69 near Angola, Indiana. Beth Smith was killed while returning from a Father's Day visit with her family in Toledo, Ohio and the SUV she was driving collided with a Greyhound bus transporting a semipro football team from Canada.

Smith's children, Abigail and Cameron, were transported by helicopter to Lutheran Hospital in Fort Wayne, where they were listed in critical condition late Sunday. Their father, Chris Smith, has been competing in the PGA since 1991.

Continue reading "WIFE OF INDIANA GOLF PRO, CHRIS SMITH, DIES IN CAR ACCIDENT ON INTERSTATE 69 NEAR ANGOLA" »