Indiana Injury Lawyer Blog

A 41-year old Indiana woman died in a Car Accident in Johnson County on Tuesday. The vehicle crash happened on Indiana 135. Another person in a Truck was hurt.

Johnson County officials say the woman's car went across the center line and hit an on-coming pickup truck. Indiana investigators say the woman died at the scene while the 47-year old male driver of the pickup truck was taken to a local hospital for treatment of his injuries.

This auto accident happened in the overnight hours. And hundreds of people die each year throughout the country in vehicle crashes that happen in the early or overnight hours. The National Highway Traffic Safety Administration found almost 500 people died in 2009 in vehicle collisions between the hours of midnight and 5:59am on Tuesdays. While even one death is one too many, Tuesday was actually the day with the least number of auto accident fatalities in that time period in 2009.

Continue reading " JOHNSON COUNTY WOMAN DIES IN CAR ACCIDENT ON INDIANA ROAD " »

An Indianapolis man died while Working on a Car in Marion County, Indiana. Indianapolis Metropolitan Police Department officers say the accident happened on Indianapolis's southwest side Saturday night. It is not yet known if this accident will fall under Worker's Compensation laws and codes.

Indiana media outlets report 43-year old Kirk Key was working on a car underneath it when the equipment that was holding it up malfunctioned. Indiana investigators say the car then fell on top of Key and killed him. Indianapolis police found Key under the vehicle. The victim apparently fixed vehicles in the place where the accident occurred but worked by himself on Saturdays.

Workers Compensation applies to injuries and deaths that occur while an employee is in the course and scope of employment. In other words, the benefits pertain to a worker that is hurt or killed while on the job. Work Comp laws and codes differ depending on the state where the company is located. In Indiana, the Worker's Compensation Act details how work injuries should be handled. Should a disagreement arise between the injured worker and his employer, the Worker's Compensation Board of Indiana can step in to help resolve it.

Unfortunately, auto mechanics are often hurt or killed while working and thus, often face Workers Compensation issues. The United States Bureau of Labor Statistics found the job of a mechanic is one of the most dangerous. For example, from 2003 to 2005, 147 mechanics died while working. Their death rate was 5.3 per 100,000 employed in 2005. That was more than the rate of 4.0 per 100,000 employed for all occupations combined. Also, research shows that among all jobs, mechanics ranked 14th in the amount of injuries and illnesses involving days of work missed in 2005.

Continue reading " INDIANAPOLIS MAN DIES WHILE WORKING ON CAR IN MARION COUNTY, INDIANA " »

We have new information on a Construction Accident in Shelby County, Indiana. Indiana investigators identified the worker who was killed as 51-year old Ronald Rash from Shelbyville. The workplace accident happened Thursday near Morristown, Indiana at CGS Services, Inc. Another worker was hurt in the incident. Worker's Compensation issues could be involved, but there is no word to confirm this at last check.

Rash died from injuries suffered when a structure that was about 20 feet above the ground collapsed at a gravel pit. Indiana Occupational Safety and Health Administration officials aren't sure what caused the accident but are looking into it.

The Indiana Department of Labor examines Work Comp instances and work related injuries to better provide safety for Indiana workers. A look at the top 10 most violated standards does includes falls while on the job. In 2010, the 7th most violations involved protection from falls. There were 108 citations. The Indiana Occupational Safety and Health Administration requires that workers must have fall protection at four feet in general and six feet in construction. And, in 2010, the 10th most violations involved fall protection training for employees that are exposed to potential falls.

Continue reading " UPDATE: INDIANA WORKER KILLED IN CONSTRUCTION ACCIDENT IN SHELBY COUNTY " »

Indiana military families who are victims of Medical Malpractice may soon find they have a new avenue to pursue. The United States Supreme Court could decide as soon as Monday if they will hear a case that challenges the way military medical malpractice is handled.

Currently, military nurses and doctors are protected from Medical Malpractice and Medical Negligence lawsuits even if they have acted negligently or made a medical error. The rule has been in place for more than 60 years, and shields the United States government from being sued by military personnel hurt while on duty.

Today, the Supreme Court Justices are looking into the death of Air Force Staff Sergeant Dean Witt and its ties to that legal precedent. Witt died in 2004 following a nurse's admitted error as Witt was treated for appendicitis at David Grant Medical Center. If the justices find in the late sergeant's family's favor, they could hold a full hearing on military medical malpractice during their next term.

Outside of military medical malpractice, each state handles Medical Malpractice differently. In Indiana, medical errors are handled under the Indiana Compensation Act for Patients which is also known as InCap. It's been in place since 1975 and was deemed ground-breaking at the time. Indiana's Medical Malpractice Act includes limits on attorney fees and is seen as the reason for physicians in Indiana having lower medical malpractice insurance premiums. Lawmakers, at the time, reasoned lower insurance premiums would attract more doctors and lead to better healthcare in Indiana.

Continue reading " SUPREME COURT MIGHT TAKE ON MILITARY MEDICAL MALPRACTICE " »

A cherry picker Truck Accident in South Bend, Indiana injured a man and his nephew on Thursday. Both worker Rick Franklin and his 8-year old nephew, Nate, were taken to a local Indiana hospital for treatment for their injuries. Rick was working at the time of the accident but was giving his nephew a ride in the bucket. Work related injuries can sometimes fall under Worker's Compensation.

The South Bend Tribune reports the truck toppled about 50 feet leaving both victims trapped in the bucket. Rick is a worker for Wayne's Tree Service, and the company's crew was apparently working to trim a large tree. The boy was reportedly at the work site with his parents and wanted a ride in the bucket which his uncle agreed to. However, as they were taking off a large branch from the tree, the truck fell over and landed on the ground. It is not clear why the cherry picker toppled.

At last check, Nate was out of the local Indiana hospital while Rick was still there and listed in stable condition.

Construction Accidents involving aerial lifts commonly lead to Worker's Compensation benefits in Indiana and throughout the country. The website, www.buckettrucks.org, notes that 26 construction workers die each year from aerial lifts and about 70% of those involve lifts such as bucket trucks and cherry pickers, and about a third of the fatalities were from tipping over.

Continue reading " BUCKET TRUCK TIPS IN SOUTH BEND, INDIANA INJURING MAN AND NEPHEW " »

An apparent Work Related Accident left two people hurt in Shelby County, Indiana. The incident happened Thursday morning near Morristown, Indiana which is about a half hour from downtown Indianapolis. It is not yet known if Workers Compensation benefits will apply to this accident.

Indianapolis TV stations report emergency responders and investigators say the work related accident might have started as workers were taking apart a building at CGS Services Inc. As the workers were doing this, a gravel pit apparently collapsed.

As mentioned above, it is not yet clear if Workers' Compensation benefits will apply in this instance. Worker's Compensation benefits are defined as those an employee is entitled to if that worker is hurt while in the course and scope of employment i.e. while on the job. Worker's Compensation is often referred to as "Work Comp." Workers Compensation benefits differ from state to state. In Indiana, the laws and codes that pertain to work related injuries are mainly outlined in the Indiana Worker's Compensation Act. The Worker's Compensation Board of Indiana has a website that explains some of benefits an injured worker may receive and some of the rights an injured worker may or may not have. For example, injured workers frequently wonder if their employer can fire them while they are not working because of a workplace injury. The Indiana Worker's Compensation Board explains that an employee can be fired if their injury precludes them from doing their job. However, that employee would most likely be entitled to certain disability payments.

Continue reading " TWO PEOPLE HURT IN APPARENT WORK RELATED ACCIDENT IN SHELBY COUNTY, INDIANA " »

A semi truck driver is dead after a Truck Crash in Kosciusko County, Indiana. The Auto Accident happened Tuesday on United States 30 in Pierceton. Another truck driver was not hurt in the two truck collision. Worker's Compensation could come into play, however, for the fatal victim.

A Kosciuscko County Fatal Accident Crash Team official says a tractor trailer driven by Nebraska's Roger Schmale hit another truck in the back. Chicago, Illinois's William Mendez was driving that truck. Indiana investigators say Schmale was apparently going the speed limit but didn't brake until the last moment and thus, crashed into Mendez's truck which was slowing down for a red light. Schmale died from his injuries while Mendez was not hurt.

Workers Compensation issues can arise not simply when a worker is hurt while on the job but also, when a worker dies while in the course and scope of employment. The Indiana Department of Labor reports that in 2009, highway vehicle accidents were the number one cause of death in the workplace. That accounted for 38% of workplace fatalities. The Indiana Work Comp Act details benefits workers' families could be entitled to in the event of a work related death.

Continue reading " INDIANA TRUCK ACCIDENT KILLS NEBRASKA SEMI DRIVER " »

Two Indiana brothers suffered injuries after a Car Accident on Indianapolis's Far East Side. Indianapolis Metropolitan Police Department officers say the crash happened Monday night shortly after 8 o'clock.

Indiana media outlets report the 17-year old brother was driving the vehicle. His 18-year old brother was a passenger. Indiana investigators say the accident appears to have started when the 17-year old lost control and hit a tree. Speed might have been a factor.

As for injuries, the 18-year old was critically hurt and is seeking treatment at Indianapolis's Wishard Memorial. His 17-year old brother was also injured in the auto accident but not seriously.

Many parents of new teen drivers worry about the safety of their teenagers and for good reason. The website, www.driverzed.org, details the frightening statistics. For example, auto accidents are the leading cause of teenager deaths. The number of teen fatalities in 2003 in vehicle crashes was more than triple the amount of teen suicides and more than twice the amount of teen murder victims. And 61% of teen deaths when they were passengers in a vehicle occurred when another teenager was the driver. Additionally, for 16- and 17-year-olds, having just one passenger in the vehicle increases the crash risk by about 50%.

Continue reading " INDIANA BROTHERS HURT AFTER CAR ACCIDENT ON INDIANAPOLIS'S EAST SIDE " »

We have an update to a tragic story from last year when an Indiana police officer was killed in a Car/Bicycle Accident. Today, Indianapolis's Sue Ann Vanderbeck pleaded guilty for her role in the deadly collision. Greenfield police officer William Phillips died in that crash. He was on a training ride at the time of the collision, and we'll discuss any potential Worker's Compensation issues later.

The Indianapolis Star reports Vanderbeck's plea deal consists of four years of home detention, but it could be cut to two years for good behavior. She will also lose her driver's license for half a year. She was facing the charge of leaving the scene of an accident causing death.

You may remember this vehicle crash from back in September. That's when Vanderbeck stuck Phillips with her car just after midnight. He and two other police officers were riding their bicycles on United States 40 at the time of the accident. They were part of the bike patrol team and had recently completed their shift. They were on a training ride on department issued bikes.

Workers Compensation is often discussed when a worker suffers an injury while on the job. However, some jobs like police officer and firefighter have the risk of injury associated with them so Indiana's standard Workers' Compensation Act does not apply. Many states have separate laws or codes concerning what actions to take when a police officer or firefighter is hurt or killed while in the course and scope of employment. Indiana Code 36-8-4-5 details how an Indiana city like Indianapolis should pay for the care of a police officer or firefighter who is hurt while on the job. Those injuries include one that results in a disability or death.

Continue reading " INDIANAPOLIS WOMAN PLEDS GUILTY TO AUTO ACCIDENT THAT KILLED INDIANA POLICE OFFICER " »

Indiana investigators are looking into the death of a pedestrian involved in a Car Crash in Hendricks County. The auto accident happened on Indiana State Road 67 Sunday morning.

According to the Hendricks County Sheriff's Department, a 48-year old man was walking on the road when a car hit him. 49-year old Patti Huffman from Mooresville was behind the wheel of that vehicle. She apparently did stop after the collision and dialed for emergency assistance. Indiana investigators report the victim was walking in a dark part of Indiana State Road 67 when he was hit by the car.

Year after year, thousands of people die while pedestrians in Indiana and throughout the country. While walking is a great form of exercise, caution needs to be exercised as well. The website, www.walkinginfo.org, reports that in 2009, almost 11 people died everyday in pedestrian/motor vehicle accidents. A study also found that about 59,000 pedestrians suffered injuries that year in auto crashes.

Pedestrians can take steps to protect themselves from injury when out on the roads or sidewalks. They can wear bright and light colored clothes and reflective material. They can walk facing traffic and not wear headphones or talk on a cell phone while crossing the street. These are just some of the simple steps pedestrians can take to keep themselves safe in Indiana or wherever they find themselves walking near vehicles.

Continue reading " INDIANA PEDESTRIAN KILLED IN CAR CRASH IN HENDRICKS COUNTY " »

Indiana investigators are looking into a church fire that killed a Muncie, Indiana firefighter. 40-year old Scott Davis died while battling a blaze inside the Tabernacle of Praise Church in Muncie, Indiana on Wednesday. An Indiana state fire marshal says two other firefighters were hurt as well. These injuries and the fatality could bring up Worker's Compensation issues.

As for the investigation into what caused the deadly fire, Indiana media reports indicate the federal Bureau of Alcohol, Tobacco and Firearms, Indiana state fire officials and Muncie city investigators are among the teams looking into it. The fire broke through the roof of the church's sanctuary, and many parts of the roof collapsed. A short time after the roof collapsed, Davis reportedly was nowhere to be found.

Davis is a former fire chief in Yorktown, Indiana which is in Delaware County. He leaves behind a wife and three children.

As for the potential Work Comp issues mentioned above, we need to look into Indiana's specific laws. Worker's Compensation is the body of laws that pertains to an injury a worker suffers while on the job. It varies from state to state. Additionally, some jobs like firefighting have inherent risks so they are excluded or have a different form of Workers' Compensation than the state standard. For example, Indiana's Worker's Compensation Act states that it does not apply to members of municipal police or fire departments or members of a police or firefighter's pension fund. But, another Indiana law outside the Worker's Compensation Act applies and does provide care and benefits to police officers and firefighters hurt while on the job. The National Fallen Firefighters Foundation also explains the benefits that the family of a fallen police officer or firefighters may receive.

Continue reading " MUNCIE, INDIANA FIREFIGHTER IS KILLED ON THE JOB BATTLING CHURCH FIRE " »

Two Indiana residents are recovering after a Car Crash involving their motorcycle. The Motorcycle Collision happened Monday in Peru which is in Miami County, Indiana. The injured are Paul Schipper and Diane Schipper. Both are from Kokomo, Indiana.

Indiana State Police along with the Miami County Sheriff's Department reported to the auto accident scene on United States 31 at Airport Road. Apparently, the vehicle collision started when Paul Schipper's motorcycle hit the driver's side of a car driven by 22-year old Diamond Walker. Walker is also from Peru, Indiana. Both Schippers fell off the motorcycle and hit the ground head first. The victims are seeking treatment at a hospital in Fort Wayne, Indiana for severe head injuries among other injuries.

Indiana State Police say Paul Schipper did not have a helmet on, but numerous studies do show motorcycle helmets can save lives. The website, www.examiner.com, points to a federal study that found helmets saved 1,784 motorcyclists' lives in 2007. Additionally, the research showed that if all motorcyclists had helmets on, about 800 more lives could have been spared. Helmets are thought to be about 37% effective at thwarting deadly injuries to motorcyclists. Put another way, for every 100 motorcyclists not wearing a helmet who were killed in vehicle crashes in Indiana and throughout the country, 37 of them could have been saved had the 100 put helmets on.

Continue reading " TWO INDIANA RESIDENTS SEVERELY HURT IN CAR CRASH WITH MOTORCYCLE IN PERU " »

A neighboring Indiana state, Kentucky, is the location of a nursing home at the center of a Nursing Home Abuse lawsuit. The Johnson Mathers Nursing Home is being sued by the estate of a resident who died while at the home. The suit contends people who worked at the home changed documents to hide egregious acts. The resident, Lorrine Wheeler, died in 2010 after she choked on food. She was supposed to eat only pureed food.

The Kentucky Attorney General is looking into this tragic incident of suspected Nursing Home Abuse and Nursing Home Neglect. It's not the first time the Johnson Mathers Nursing Home has been cited for a Type A violation which is considered serious. In 2009, the home received one after a mentally handicapped resident died from excessive bleeding in his brain.

In Kentucky, the Cabinet for Health and Family Services directs the most severe violations to the Attorney General's Office of Medicaid Fraud and Abuse Control. The process of dealing with Nursing Home Abuse reports and investigations varies from state to state. In Indiana, if you suspect nursing home abuse or neglect, you should contact The Division of Long Term Care of the Indiana State Department of Health. Its office is in downtown Indianapolis.

Continue reading " INDIANA'S NEIGHBOR IS SITE OF SUSPECTED DEADLY NURSING HOME ABUSE " »

Eight Semi Trucks Crashed on an Indiana highway Monday evening. The truck accident happened on United States Interstate 70 near Terre Haute which is in western Indiana.

According to Indiana State Police, the chain reaction Auto Accident began when vehicles suddenly decreased speed in a construction zone. Three semi truck drivers and one passenger were hurt in the vehicle crash. They were transported to local Indiana hospitals for treatment for their injuries.

If the injured drivers were on the job when they suffered their injuries, they might be able to file a Work Comp claim. Work Comp is a shortened term for "Worker's Compensation." Workers' Compensation encompasses the body of laws concerning injuries a person suffers while in the course and scope of employment. Employers and companies pay into work comp insurance which in turn gives injured employees certain benefits.

Fortunately, in Monday's truck crash, the injuries, work comp related or not, were not fatal. However, construction zones can be extremely dangerous for construction workers and drivers alike. The website, www.workzonesafety.org, found that in 2009, 13 people died in vehicle crashes in construction/maintenance zones in Indiana.

Continue reading " SEVERAL SEMI TRUCKS COLLIDE ON INDIANA HIGHWAY " »

Five people were hurt in a Delaware County, Indiana Car Crash that involved a 13-year old driver. The auto accident happened Friday in Muncie, Indiana. Four of the victims are children, and they were taken to local Indianapolis, Indiana hospitals for treatment for their injuries. The injured children are all 13 years old or younger.

Muncie Police say the 13-year old took the wheel after the original driver, 49-year old Pamala Neal from Muncie, Indiana, passed out. Tests after the car accident show she had numerous drugs in her system. One of the children who was hurt in the auto accident said the group was going to get pizza when Neal started acting erratically. She apparently then passed out and her vehicle went into oncoming traffic. Indiana investigators say that's when a 13-year old passenger, Taylor Neal-Balfour, took the steering wheel and attempted to drive the car back into its proper lane. Muncie Police say a Pickup Truck then had to move quickly because the car had pulled in front of it. This, apparently, led to the head on crash between the car and the pickup truck.

As for the people involved in the Truck Crash, the truck's driver was apparently not hurt. And the three people inside the truck were reportedly not hurt either. All the people in the car -- Neal and the four children -- suffered injuries.

While it is widely known that driving while on drugs is extremely dangerous, unfortunately, it does happen. The State University of New York at Potsdam established a website about the dangers involved with drinking, drugs and driving. It details how the National Highway Traffic Safety Administration estimates that 18-20% of hurt drivers are using drugs. The University's own analysis led them to believe the figure should be higher. They site a study of drivers admitted to a Maryland trauma center which found that 34% tested positive for drugs only, while 16% tested positive for alcohol only.

Continue reading " 13-YEAR OLD BEHIND WHEEL IN DELAWARE COUNTY, INDIANA CAR CRASH " »

An Indiana firefighter will be laid to rest Tuesday after he was killed in a Truck Accident Thursday on Pendleton Pike. The visitation for 35-year old James Shelly will be Monday at Calvary Temple Church in Indianapolis. His funeral the following day will also take place at the Indianapolis area church.

Shelley was a firefighter with the Pike Township Fire Department but was not on the job when the Vehicle Accident happened. The Pike Township Fire Department says Shelly died when a box truck collided head on with the vehicle he was driving. Indiana investigators say the box truck first struck a semi truck and then careened into the lane Shelly was in and hit his vehicle. Two children were in the vehicle with him. They were transported to an Indianapolis area hospital for treatment.

As for the drivers of the box truck and the semi truck, there is no word on whether they suffered any injuries, and if they did, it is not yet known if their injuries would be considered Worker's Compensation related. Work Comp injuries are considered those that occur when the worker is on the job.

Shelly was driving a Chevy Avalanche at the time of the truck crash. Pickup trucks are, unfortunately, involved in hundreds of deadly vehicle accidents each year in Indiana. According to the federal government's Fatality Analysis Reporting System, light trucks were involved in 364 fatal auto crashes in Indiana in 2009. That accounted for 36.7% of all the deadly vehicle crashes that year and was second only to passenger cars.

Continue reading " INDIANA FUNERAL SET FOR PIKE TOWNSHIP FIREFIGHTER KILLED IN TRUCK ACCIDENT " »

Indiana State Police were on the scene of a deadly Auto Crash south of Indianapolis Tuesday night. One woman was killed and three other people, including a baby, were hurt in the vehicle accident that happened on United States Interstate 65 in Edinburgh.

According to Indiana State Police, 21-year old Natasha Custodio-Ortiz was driving an SUV from Wisconsin to North Carolina. Indiana investigators say for some reason, the vehicle left the highway and flipped. Custodio-Ortiz and a passenger in the back were both ejected. Custodio-Ortiz died from her injuries. That passenger suffered serious injuries and is receiving treatment at Indianapolis's Methodist Hospital. Another passenger suffered less severe injuries, and a 9 month old baby who was in the SUV was, fortunately, not seriously hurt.

Indiana State Police say the infant was in a child safety seat at the time of the auto accident. Research shows how vital it is for children to be in car safety seats to protect them from injury and even death in the event of a car crash. The Centers for Disease Control and Prevention notes a study that found child safety seats reduce the chance of dying in a passenger car by 71% for infants and by 54% for children ages 1 to 4 years.

Of course, a child must be properly restrained in a car safety seat for it to be most effective at preventing injuries in an auto accident. Several websites can provide helpful information on the proper way to install and use a child safety seat. One such site is www.healthychildren.org.

Continue reading " AUTO CRASH IN INDIANA LEAVES ONE WOMAN DEAD AND THREE PEOPLE HURT " »

In Indiana, if you are hurt on the job, your injuries may fall under the Workers' Compensation field of law. Workers Compensation is often shortened to the term, "Work Comp." Worker's Compensation in Indiana refers to the accident insurance program that your company or boss pays for. This insurance then gives you several benefits including medical payments and wages in the event that you are hurt while in the course and scope of employment.

After you sustain a work related injury, you will probably have many questions regarding what benefits you are eligible for and how to go about making sure you receive the maximum benefits to which you are entitled. The Indiana's Worker's Compensation Board website answers many of the frequently asked questions. For example, a worker is covered by Workers Compensation from the first day on the job. And if a worker waits more than 30 days to report a work related accident, the worker's work comp claim may be denied.

Continue reading " A LOOK INTO INDIANA'S WORKERS' COMPENSATION GUIDELINES " »

Indiana investigators are still looking for the driver who might be to blame for a Truck Crash May 30th in Southern Indiana. The Vehicle Collision on Indiana 265 left one woman fighting for her life, and now her family is offering a reward for clues that might lead to the other driver involved in the auto accident.

On the website, www.newsandtribune.com, the article entitled "Family Offers Reward in Near-Fatal Wreck" explains that the victim is 52-year old Pamela Price. She is receiving treatment for her severe injuries at University Hospital in Louisville. Indiana State Police report the Clark County accident happened when Price was driving her pickup truck. Apparently, she braked hard, veered and then collided into a guardrail before her truck flipped. She was thrown from her truck during all of this. Price said she had to brake hard because a car had pulled up in front of her and slammed on its brakes. Price said that driver was mad at her because she had passed him earlier. Thus, Price believes the accident was intentional.

Price was not wearing a seat belt during this auto accident. While seat belts do not prevent every injury, they are an important safety measure. Researchers at James Madison University looked at seat belt safety and noted several key facts. Among them, researchers found that about 35,000 people die in vehicle crashes every year, and roughly 50 percent of these people could be saved if they wore their safety belts. Also, the study found for every one percent increase in safety belt use, 172 lives and almost $100 million in injury and death costs each year could be saved. Seat belts also usually keep passengers and drivers in the vehicle in the event of a crash. The JMU study found motorists are 25 times more likely to be killed or seriously injured when they are "thrown clear" than when they stay in their vehicle.

Continue reading " FAMILY OF SOUTHERN INDIANA VICTIM IN NEAR FATAL TRUCK CRASH OFFERS REWARD " »

A Northern Indiana community is mourning the Drowning Death of a 6-year old boy. He drowned in a pool at a friend's home in LaPorte. The accident happened Sunday evening.

Indiana media outlets are reporting it was the victim's sister who saw him at the bottom of the pool. People did do CPR on him but to no avail. He later died at Laporte Hospital. His parents told Indiana officials their son was not a good swimmer. The prevailing theory surrounding the accident is that the boy was on a raft in the pool and slid from that into the water.

Unfortunately, we hear tragic stories like this all too often. Pools can be dangerous places for children, causing injuries or even death. According to the Centers for Disease Control and Prevention in their "Unintentional Drowning Fact Sheet," most drownings of kids between the ages of 1 to 4 years happen in swimming pools at people's homes. And many young children had been out of sight for just a few minutes and were under the supervision of at least one of their parents.

While injuries and deaths involving pools are often unavoidable, there are some steps parents can take to protect their children from harm. The website www.poolsafely.gov lists a few simple steps like staying close and alert to children in and around a pool; learning and practicing water safety skills; and having the appropriate safety equipment for your pool.

Continue reading " YOUNG BOY DROWNS IN ACCIDENT IN NORTHERN INDIANA POOL " »

A Shelbyville teen's family is suing for Wrongful Death after the 15-year old drowned Monday in Wayne County, Indiana. The lawsuit is seeking an unknown amount of damages. Named in the wrongful death lawsuit is the Wernle Youth and Family Treatment Center. That's a mental health treatment and counseling facility where the victim, Austin Israel, attended.

Indiana investigators determined Israel was on a field trip when he went for a swim in the Whitewater River and drowned. Richmond police officers report he was submerged in the river for more than a half hour before rescuers found him. Authorities did say the drowning was an accident. His family is contending the center did not watch the children properly.

In Indiana, there are guidelines that pertain to Wrongful Death cases. They are encompassed in Indiana's Wrongful Death Act. The Act helps define what constitutes a wrongful death and how damages should be determined. For example, Indiana's Wrongful Death Act describes such a death as one that happens because of the wrongful act or omission of another. Only a 'personal representative" like the person's family, loved ones or dependents may file such a lawsuit on their behalf, and it should happen within two years of the death.

Continue reading " INDIANA FAMILY OF TEEN WHO DROWNED SUES FOR WRONGFUL DEATH " »

Two drivers on Indiana's Interstate 70 in Hancock County were hurt after a Vehicle Crash. The Auto Accident involved a Semi Truck and a Car and happened in Greenfield early Thursday morning. Greenfield is about 30 minutes west of downtown Indianapolis.

An article on www.wishtv.com entitled, "Overturned Truck Closes I-70 in Hancock County," reports a female driver was going west on United State Interstate 70 when she moved the steering wheel suddenly as she attempted to not hit a deer. However, the woman did strike the deer. In the process, a tractor trailer behind the woman also swerved. This caused the truck driver to lose control, and the semi fell over and lost its load. Both drivers in this auto collision were hurt. The woman was seeking treatment for her injuries at Indianapolis's Methodist Hospital while the tractor trailer driver was at Hancock Regional Hospital.

It is not yet known if the semi truck driver suffered any Work Comp injuries. Workers' Compensation injuries refer to those an employee sustains while on the job. Many work comp injuries do happen in the transportation field. The Indiana Department of Labor examines various workplaces and looks at the dangers each poses as it works to improve safety. When examining the transportation and warehousing industry (the Department of Labor groups them together), the Indiana Department of Labor found on average, hurt workers in this field missed 23 days of work in 2009. That's the highest of any other Indiana industry and 11 days more than in 2008.

Continue reading " INTERSTATE 70 IN INDIANA'S HANCOCK COUNTY IS SCENE OF SEMI TRUCK CRASH RESULTING IN INJURIES " »

Deciding which Indiana Nursing Home to select is often a very difficult decision for the soon-to-be residents and their families. After a nursing home is chosen, residents should enter it armed with the knowledge to protect themselves from Nursing Home Abuse or Neglect.

A United States federal government website, www.medicare.gov, lists numerous expectations and rights for nursing home patients. Among them, a nursing home resident should expect to be treated with respect and be free from discrimination. Residents should also remember that nursing home staff cannot use physical restraints or chemical restraints as an easy or convenient form of discipline. That leads to a similar right -- to not be abused, injured, or neglected. Nursing home abuse includes verbal, sexual, physical or mental mistreatment.

Unfortunately, though, nursing home abuse and neglect happen all too frequently. Reports of abuse are handled differently depending on the state where it occurs. Typically, the resident should report it to a state agency that oversees nursing homes or long term care. In Indiana, you should submit your report of abuse to the Division of Long Term Care of the Indiana State Department of Health. It is located in Indianapolis.

Continue reading " A PATIENT'S RIGHTS AS AN INDIANA NURSING HOME RESIDENT TO PROTECT AGAINST ABUSE, INJURIES, AND NEGLECT " »

A Truck Crash involving two Semi Trailers happened on United States Interstate 70 in Indianapolis. Indiana State Police say the early Wednesday morning Vehicle Accident sent one man to the hospital with serious injuries. Workers' Compensation laws might come into play if it is determined that the injured party was in the course and scope of employment when he was hurt.

As for what caused the Semi Truck Accident, media outlet reports indicate one of the semis hit the other one in the back. Indiana State Police officers say that collision severely damaged the cab of the rear semi and the trailer of the first tractor trailer. Apparently, both semi trucks had been trying to get into the middle lane. The wounded driver is at Indianapolis's Wishard Hospital seeking treatment for his injuries.

With all the semi trucks on Indiana roads, it should come as no surprise to find that the transportation industry has one of the highest number of workplace, or Work Comp, deaths. The Indiana Department of Labor found that in 2009, transportation (coupled with warehousing) had the second most work related fatalities.

When we look specifically at tractor trailer accidents, one finds that there were more than 3,000 in 2009 throughout the country. And rear-ending another vehicle is quite common. The National Highway Traffic Safety Administration found a rear collision with another vehicle was the second most common form of large truck crashes.

Continue reading " TWO SEMI TRUCKS CRASH IN INDIANAPOLIS CAUSING SERIOUS INJURIES " »

A Wednesday morning Truck Crash on Indianapolis's westside leaves one dead and one hurt. The Auto Accident happened on United States Interstate 74 in Marion County and involved a doughnut delivery truck which could mean this vehicle accident might have Workers' Compensation implications.

As detailed by Indiana State Police and media reports, the Cincy Donuts truck driver fell asleep as he was getting from Interstate 74 onto United States Interstate 465. An Indiana State Police officer says the truck then collided with a barrier and flipped. The truck driver's wife was a passenger in the truck, and she died in the vehicle crash. Emergency responders took the driver to Indianapolis's Methodist Hospital for treatment for his injuries.

According to reports, the truck driver was making his deliveries when the truck crash happened. Thus, he was on the job. On the job injuries are often considered Work Comp injuries. It is not clear if the driver's wife was also in the course and scope of employment when the truck accident happened. Unfortunately, our nation's highways are often the scene of work related injuries or deaths. The Indiana Department of Labor notes a Bureau of Labor Statistics study that found in 2009, highway vehicle accidents were the number one cause of workplace deaths with 38% of the fatalities.

Continue reading " INDIANAPOLIS TRUCK CRASH LEAVES DRIVER'S WIFE DEAD " »