Indiana Injury Lawyer Blog

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.

Continue reading "INDIANA WORKER CRUSHED TO DEATH BY FORKLIFT WHILE ON THE JOB IN SOUTH BEND" »

The Howard County Sheriff's Department in Central Indiana is reporting that a deputy is recovering after his cruiser was struck head-on by a pickup truck on U. S. 31. The accident reportedly occurred south of United States Road 35 when James Smith of Dixon, Kentucky, hit a patch of black ice and lost control of his truck and moved across lanes into the path of Deputy Keith Chesshir's squad car, striking it on the driver's side door.

EMTs transferred both individuals to Saint Joseph Hospital in Central Indiana.

Continue reading "INDIANA SHERIFF INJURED IN HEAD ON AUTO ACCIDENT" »

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.

Continue reading "FIREFIGHTERS ARE CALLED TO SECURE A NOBLESVILLE INDIANA BUILDING WHEN ROOF COLLAPSES" »

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

Continue reading "THE INDIANA DEPARTMENT OF LABOR RELEASES WORK INJURY AND WORK COMP STATISTICS" »

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

Continue reading "THE INDIANA WORKER'S COMPENSATION BOARD ALLOWS CONFIRMATION OF FIRST REPORT OF INJURY" »

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.

Continue reading "FIRST INDIANA SNOWFALL LEAVES INDIANAPOLIS ROADS FILLED WITH ACCIDENTS AND FRUSTRATED DRIVERS" »

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

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%" »

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 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" »

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.

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.