June 27, 2011

UPDATE: INDIANA WORKER KILLED IN CONSTRUCTION ACCIDENT IN SHELBY COUNTY

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.

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June 23, 2011

TWO PEOPLE HURT IN APPARENT WORK RELATED ACCIDENT IN SHELBY COUNTY, INDIANA

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.

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April 14, 2011

TIPPECANOE COUNTY IS SITE OF DEADLY INDIANA CONSTRUCTION ACCIDENT

Two men are dead after a Construction Accident in Indiana's Tippecanoe County. The apparent Workers Compensation accident happened Wednesday morning at a radio tower. The construction crew was from ERI, Inc. in southwest Indiana.

As reported by www.wthr.com in the article, "Two Dead in Tippecanoe County Radio Tower Accident," the Tippecanoe County Sheriff's Department says two of the construction workers who were on the tower were allegedly working more then 300 feet above the ground when a platform they were on collapsed. Workers Paul Aliss and Ernest Garcia, both from Texas, were killed in the apparent work comp accident. Indiana investigators say both construction accident victims did have safety cables on themselves. Officials with the Indiana Occupational Health and Safety Administration are now looking into this deadly construction accident.

According to www.wirelessestimator.com, these men were the second and third tower technicians to die on the job this year. The website, www.wirelessestimator.com, also finds that based on 2004 data from the Department of Labor's Bureau of Labor Statistics, workers who climb cell towers and other communications structures have the most dangerous job in the United States. That's based on a death rate per 100,000 employees.

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February 21, 2011

DO INDIANA WORKERS HAVE ONE OF THE MOST INJURY-PRONE JOBS IN AMERICA?

A high-risk of injury and other work comp issues are factors Careercast.com examined to determine its list of the Worst Jobs in America in 2011. Most of these jobs can be found right here in Indiana. What's the #1 worst job (in terms of safety, stress, income, etc.)? You might be surprised to learn it's not Construction Worker. Many people do associate that job with serious accidents involving heavy machinery and vehicles, falling objects, and slip and fall accidents from roofs and scaffolding. But Indianapolis construction workers only have the tenth worst job. That's because accidents aren't the only criteria used to determine the worst jobs. The report ranked professions based on 5 elements: Work Environment, Physical Demands, Outlook, Income and Stress.

So Hoosiers, here's that list:

1. Roustabout
2. Ironworker
3. Lumberjack
4. Roofer
5. Taxi driver
6. Emergency Medical Technician
7. Welder
8. Painter
9. Meter Reader
10. Construction Worker

Roustabouts face high-risk of injury, long shifts, hostile environments, low pay and are away from their loved ones for weeks at a time. These factors combined to make Roustabouts the worst job of 2011.

Of course, even if your job isn't considered one of the worst or most injury-prone, you could still be hurt at work. Indianapolis-area work accident lawyers may offer help in the unfortunate case that this happens to you. Be sure to consult with an Indiana work comp attorney before filing a workers' compensation claim to ensure the best outcome.

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February 17, 2011

INDIANA WORKER CRUSHED TO DEATH BY FORKLIFT WHILE ON THE JOB IN SOUTH BEND

Indiana officials charged with investigating worker safety and work comp issues are looking into the death of an Indiana man. South Bend's Michael Gorzkiewicz was crushed to death Monday by a forklift while working at Steel Warehouse's plant in South Bend. The St. Joseph County deputy coroner says the 47-year old died of blunt force trauma to the chest.

Indiana's Occupational Health and Safety Administration is expected to spent several weeks investigating this fatal employee accident. The forklift has been impounded, according to South Bend police. So far, reports indicate the forklift was parked on an inclined ramp at the plant and began to roll backward. Gorzkiewicz is said to have been between the lift and a truck and was thus, crushed when the lift gave way.

The South Bend victim leaves behind his wife, three children and two stepchildren.

Unfortunately, work-related fatalities happen all too often. According to the Indiana Department of Labor's 2007 work injury and work comp statistics, 92 work-related deaths were reported. And the number of injuries is staggering -- 62,326 Hoosiers filed reports claiming missing at least one or more days of work.

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February 4, 2011

FIREFIGHTERS ARE CALLED TO SECURE A NOBLESVILLE INDIANA BUILDING WHEN ROOF COLLAPSES

Two employees of a Noblesville company escape serious injury following the collapse of the roof at their Circle City Auto Parts store. The weight of ice and snow cause the collapse and sent emergency crews to the building, located on Herriman Boulevard just after 10:00 am on Friday morning.

Two employees of the company were said to be inside when the roof gave way; however, no injuries were reported as a result of the structural failure.

The City of Noblesville Planning and Engineering Department was being called in to inspect the structure once firefighters secured the property.

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January 27, 2011

NOBLESVILLE INDIANA CAR ACCIDENT SHUTS DOWN HAMILTON COUNTY INDIANA HIGHWAY

The involved section of Indiana State Road 37 were closed as police and sheriff deputies investigated the collision scene. News choppers caught video of a tarp being placed over the vehicle that collided with the dump truck. There were no reports on the number of passengers in the vehicle or the condition of the driver at the time of this writing.

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December 5, 2010

HAZARDOUS CONDITIONS SHUT DOWN PORTIONS OF INTERSTATE 74 IN INDIANPOLIS INDIANA

The east and westbound lanes of Interstate 74 in Indianapolis, Indiana near the exit for Ronald Regan Parkway was shut down by Indiana State Police due to a jackknifed semi tractor - trailer and numerous slide offs Sunday morning.

Although numerous incidents, slide-offs and accidents were reported on the Central Indiana highway, no serious injuries were reported.

www.CompFirm.com

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December 4, 2010

THE INDIANA DEPARTMENT OF LABOR RELEASES WORK INJURY AND WORK COMP STATISTICS

In 2007, the Indiana Worker's Compensation Board in conjunction with the Indiana Department of Labor issued the following statistics related to work injuries:

62,326 Hoosiers filed claims alleging at least one or more days of work were missed.
92 work-related fatalities were reported
17,724 agreements to compensation were filed with the Board
9,860 of those compensation agreement involved Temporary Total Disability (TTD)
payments
7,864 involved Permanent Partial Impairment (PPI) agreements
1,665 requests were made for independent medical examinations (IMEs)
5,971 applications for adjustment of claims were filed
3,203 of those disputed claims were closed by settlement agreement between the injured
worker and the employer

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December 3, 2010

THE INDIANA WORKER'S COMPENSATION BOARD ALLOWS CONFIRMATION OF FIRST REPORT OF INJURY

Indiana employees that are hurt at work now have access to an online resource to confirm their employer's first report of injury filing with the Worker's Compensation Board. The link below:

FIRST REPORT OF INJURY

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December 1, 2010

FIRST INDIANA SNOWFALL LEAVES INDIANAPOLIS ROADS FILLED WITH ACCIDENTS AND FRUSTRATED DRIVERS

By noon in Indianapolis, Indiana, cars, trucks, and semis around the city were reporting numerous accidents and road closures. The following are a few:

--An auto accident closed 3 lanes of NB of I-465 near I-70 (mile marker 42.8).
--A crash in the right lane of SB 465 near West 71st Street (near mile marker 21.0).
-- 3 right lanes of eastbound I-70 were closed near Shadeland Avenue (mile marker 88.2).
--Clean up of a wreck close the left lane of northbound I-65 near Dr. Martin Luther King Jr. (near mile 116.5).
--3 lanes of westbound I-70 were shut down near Rural Street/Keystone Avenue due to an automobile crash near mile marker 84.5.

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October 14, 2010

INDIANA CONSTRUCTION WORKER INJURED WHILE ON THE JOB IN GREENWOOD, INDIANA

Rescue personnel removed a man from a 10 ft. deep trench near SR 135 and County Line Road in Greenwood, Indiana. According to police, it was believed that the man was working alongside an excavator digging sewer lines for a nursing home when the bucket of the excavator fell off and struck him in the head.

At the time of the incident, the injured worker was working for Filson Earthwork of Noblesville, Indiana. According to first responders, a trench box was not in use at the time of the accident. There are no reports on the condition of the worker. Police and IOSHA investigations are said to continue

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October 7, 2010

INDIANA INJURY ATTORNEYS HELP VICTIMS OF FATAL AND SERIOUS CAR AND SEMI TRUCK ACCIDENTS, CONSTRUCTION ACCIDENT AND WORK RELATED INJURIES

Kooi Law Firm, a full service personal injury and worker's compensation law firm has expanded its practice to assist victims of personal injury, wrongful death and work injuries in Central, Southern and Northern Illinois, as well as the entire State of Indiana. Kooi Law Firm is dedicated to assisting victims and their families, providing them a voice, knowledge and skill-set required in today's legal climate. The attorneys at Kooi Law Firm represent only victims and their families and never represent Insurance Companies, Employers or their affiliates. For the past five years, Kooi Law Firm has continued to increase their web presence at www.IndyFirm.com and www.CompFirm.com

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August 11, 2010

INDIANA'S WORKER'S COMPENSATION BOARD'S MISSION STATEMENT

The Indiana Worker's Compensation Board defines their mission as follows:

"To provide efficient dispute resolution for injured workers and employers by administering both formal adjudication and informal dispute resolution services; to serve the public by answering inquiries regarding the Indiana Worker's Compensation system; and to collect statistical information regarding workplace injuries in Indiana."

For more information regarding Indiana work related injuries, please go to www.IndyFirm.com or www.CompFirm.com

March 26, 2010

INDIANA UNEMPLOYMENT HOLDS STEADY AT 9.8%

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%.

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March 16, 2010

CONSTRUCTION WORKER IS HIT AND KILLED BY SPEEDING CAR ON INTERSTATE 80 - 94 IN INDIANA

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.


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January 15, 2010

SOME INDIANA WORK INJURIES FALL OUTSIDE OF THE WORKER'S COMPENSATION REMEDIES

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.

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October 27, 2009

INDIANA WORK COMP HANDBOOK

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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September 9, 2009

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

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.

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September 5, 2009

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

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.

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August 31, 2009

INDIANA WORKER COMPENSATION BOARD HAS WEBSITE TO FACILITATE EMPLOYEES INJURED ON THE JOB

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.

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June 23, 2009

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

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:

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February 18, 2009

GARRETT INDIANA FIRE CREWS UTILIZE CRANE TO SAVE MAN FROM SILO


While unloading grain from a silo at the Custer Grain Company in Garrett, Indiana, 55 year-old Melvin Buck was sucked down about 30 feet into grain. Buck reported that the grain fell in like quicksand around him. Emergency crews with the Garrett Fire Department used hoses and buckets to remove the grain away from Buck. He was finally rescued at around 7:30 in the evening.