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" »

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" »

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" »

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" »

IMPD officers were forced to close all lanes of northbound traffic on Indiana's Interstate 465 in Indianapolis after 55-year-old John Wright rolled his semi truck over while trying to exit from eastbound Interstate 70 on Wednesday morning.

Citing excess speed as the cause, police indicated that Wright rolled his truck as he exited from the ramp on I-70 eastbound to I-465 northbound. The semi truck and its trailer, which was carrying four rolls of coiled steel, separated during the rollover. One of the coils reportedly struck another semi, but no injuries were reported in that vehicle. Wright was transported by ambulance to Methodist Hospital for evaluation. His injuries were last reported as minor.

It took wrecker crews and additional emergency personnel nearly two hours to clear the road and reopen the Interstate to traffic. Wright was reportedly issued a ticket for operating his vehicle at an excessive speed.

Continue reading "SEMI TRUCK DRIVER TICKETED FOR DRIVING TOO FAST AFTER HE FLIPS HIS RIG OFF OF RAMP FROM I-70 EASTBOUND TO I-465 NORTHBOUND IN INDIANAPOLIS, MARION COUNTY, INDIANA" »

A myriad of law enforcement departments, including SWAT, FBI, the DEA and the ATF swormed a house in Louisville, Kentucky on Friday attempted to coax the surrender of Robert Datillo, Jeffersonville, Indiana. Datillo was the primary suspect in the shooting of two Jeffersonville, Indiana police officers Thursday evening.

According to police, Datillo shot 39 year-old Dan Lawhorn and 32 year-old Keith Broady, both Jeffersonville Police officers, when they reported to a Motel 6 on reports of a domestic dispute. Both officers were transported to University Hospital in stable condition.

Despite their efforts to get Datillo out of the Louisville home, he shot himself to death.

Continue reading "JEFFERSONVILLE INDIANA MAN SUSPECTED OF POLICE SHOOTINGS KILLS HIMSELF IN LOUISVILLE KENTUCKY HOME" »

A licensed practical nurse employed by SNR Medical Services, a third-party contractor for medical services for the Madison County Jail, was attacked by an inmate on Thursday. The inmate, Omond J. Smith, 32 of Anderson, Indiana, had complained of Asthma symptoms while being transported from the Wabash Valley Correctional Facility to the Madison County Courthouse for a hearing.

While receiving treatment from the LPN, Smith apparently got a hold of some type of wire mesh cloth which he used during the attack. Shortly after attempting to restrain the LPN, a guard heard the commotion and intervened to help the nurse.

Smith will be charged with criminal confinement, battery and possession of a dangerous weapon/material. The LPN reported to have sustained only minor injuries.

At around 1 a.m. Indianapolis (eastern) time, a SUV's driver apparently lost control of their vehicle causing it to rollover numerous times. In the process, a female passenger was thrown from the vehicle. She was taken to Methodist Hospital in Marion County, Indiana, and was reported in critical condition. The driver was reportedly doing well, but was suspected to have been driving over the legal alcohol limit when he lost control of his SUV.

Upon learning of the one-car accident, a firetruck was dispatch to the scene. While attending to the scene (with lights on), a second vehicle allegedly side-swiped the fire truck. It's driver did not stop; however, was tracked down by police a little further down the road. That driver too was suspected of operating his vehicle while intoxicated.

Prior to completing their investigation and clean-up of the SUV accident, a third allegedly drunk driver apparently stopped his vehicle in the middle of the interstate (rather than going around the emergency vehicles on the scene). State police were suspicious of the activity and suspected they were also driving while intoxicated.

All three drivers were arrested and charged with Driving Under the Influence.

Continue reading "A CHAIN OF EVENTS LEADS TO THE ARREST OF THREE SUSPECTED DRUNK DRIVERS, A SERIOUS CAR ACCIDENT WITH ROLLOVER, AND A FIRETRUCK BEING STRUCK ON INTERSTATE 465 IN INDIANAPOLIS INDIANA" »

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.

Indiana State Police were forced to close two of the three southbound lanes of I-65 just north of Southport Road after a tanker hauling 8,500 gallons of gasoline flipped over and landed upside down. State Troopers at the scene reported that gasoline was knee deep in the ditch where the semi trailer and tractor came to rest.

The driver of the rig, 73-year-old Loren Hooten of North Vernon, Indiana, told police that he didn't know what happened. He was reportedly driving southbound on Interstate 65 south of Indianapolis when the tractor and trailer was sent to the shoulder and went off into the ditch.

A third victim is now reported to have been killed by one of Hamilton County's worst traffic accidents on record. The deadly pile-up, which involved at least 32 vehicles, including 9 semi trucks and a firetruck, occurred around 9 a.m. Tuesday morning. Witnesses reported that a firetruck, which had been helping a slide-off victim, was struck from behind, which in turn lead to a deadly chain of events where cars and trucks alike began piling up on a stretch of Interstate 69 in Fishers, Indiana, which sits adjacent to the Fishers High School in Hamilton County. The National Weather Service reported heavy snowfall that hit Central Indiana (about 3.8 in. in total) just as the morning commute was peaking. Dozens of other accidents were reported throughout the morning in that area and stretching up to Anderson. Indiana State Police blamed most of the crashes on people driving too fast and following other cars too closely in the poor winter weather conditions.

First reports identified two men in a heavy-duty commercial pick-up truck, Dustin R. Goettman, 27, and Ryan A. Phillips, 28, both of Anderson, as having been killed. Later Tuesday evening, police confirmed that a third victim of the accident, which had initially been listed as critical, had succumbed to their injuries.

Travel in the area remained dangerous for most of the day, and a large portion of Interstate 69 remained closed while investigation into the accident continued. Witnesses reported that the fatal pileup began when a southbound car on I-69 slid off the road, and a semi and a fire truck pulled over to help. As the morning commute traffic began stacking in the area, vehicles were unable to slow down and began slamming into one another. Shortly after the first impact, a semi truck reportedly slid sideways and struck several vehicles. By the time the vehicles and impacts slowed down, the motor vehicles involved included 22 passenger vehicles, nine semi trucks and a firetruck.

Continue reading "DEADLY CHAIN REACTION ACCIDENT ON INTERSTATE 69 IN FISHERS, HAMILTON COUNTY, INDIANA, CLAIMS THE LIFE OF A THIRD VICTIM AND FORCES MULTIPLE HOSPITALIZATIONS" »

Indiana State Police were forced to shut down both directions of nearly 45 miles of Interstate 69 from Fishers in Hamilton County to the Alexandria exit after over 30 cars and semi-tractors were involved in numerous accidents Tuesday, including a deadly chain reaction pile-up in Fishers, Indiana. State police reported that twenty-eight cars and five semi trucks were involved in a chain reaction collision. Two people riding in a semi truck were killed and one person was critically injured. Ten others were taken to nearby hospitals, and police reported multiple entrapments with injuries.

Indiana State Police are blaming weather conditions, speed and drivers following too closely for the deadly chain of events. Police believe the accident started when two vehicles struck a firetruck that was assisting a stranded motorist on the roadside. Those firefighters were not among the reported injured. The accident's initiation point was very close to Fishers High School in Hamilton County, Indiana.

Three of the injured were removed on stretchers. Other witnesses and some of the injured were being taken to Fishers High School to be interviewed and/or treated for minor injuries. Several motorists remained entrapped for over an hour after the accident was first reported. There was also at least one fuel spill from one of the vehicles. Haz-Mat teams were dispatched to assist in clean-up.

Further north on I-69 in Madison County, multiple accidents and pileups were being reported with no resulting serious injuries or fatalities. The accidents involved a stretch of the Interstate from Pendleton to near Ind. 236 east of Anderson.

The sudden snow accumulation that hit the Indianapolis area Tuesday Morning prompted the National Weather Service to issue a winter weather advisory for the southeastern quarter of Indiana. They reported approximately 3.7 inches of snow fell at Indianapolis International Airport in about three hours before 10:00 am.

Continue reading "MULTI CAR PILE-UP NEAR FISHERS, HAMILTON COUNTY, INDIANA CAUSES SERIOUS ACCIDENT WITH MULITIPLE INJURIES AND FATALITIES AND FORCES I-69 TO BE SHUTDOWN" »