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Dangerous Summer Jobs – Child Safety Laws

Dangerous Summer Jobs – Child Safety Laws

Many teenagers across Indiana are industrious and want to earn money with summer jobs.  As a parent – or as an employer- you should know Indiana law targets regulations that protect kids from performing hazardous work.

The Indiana Department of Labor Youth Employment Division monitors and enforces Indiana youth employment laws.  Here is a link to their website where you can learn more specific information about child labor laws https://www.in.gov/dol/youth-employment/youth-employment-home/.  Whether it’s a summer job or year-round employment, parents and employers should learn what’s legal – and illegal – when employing minors.

For instance, if your child is under 16 years old, here are places and types of work they can NOT legally perform.  Some of them might surprise you! Factory work, mining, operate power driven machinery, cooking / baking, meat coolers or cold storage rooms, meat processing, warehouses, holding signs for advertising or waving banners, wear costumes for advertising, construction / demolition / repair work, window washing or using ladders and scaffolding, roofing.

If a minor under 16 years old suffers an injury doing any of this work, the employer’s legal liability is subject to extra penalty under the Indiana Worker’s Compensation law.  You can research even more specific information about child labor in the Indiana Code 22-2-18.1-23 Minors working in hazardous occupations prohibited.  http://iga.in.gov/legislative/laws/2021/ic/titles/022#22-8

Here are hazardous jobs the law prohibits 16 and 17-year-old kids from doing: working around explosives, radioactive substances or toxic material; operating cranes; operating metal fabricating machines; using saws, blades or woodchippers; roofing, excavation or demolition; operating balers, compactors or paper production machines.

Over time, we’ve helped young clients hurt doing summer jobs.  Their immigration status does not prevent them from making legal claims.  We don’t want our kids getting hurt.  They need to learn safety and watch the right way to conduct business.  When an accident does happen, I’ll fight to protect your claim.  If you or someone you know suffers an injury at work, contact our attorneys at Goodin Abernathy – we’ll protect your legal rights!

When a Driver Without Insurance Hits You

When a Driver Without Insurance Hits You

The “S” family was driving together when another vehicle hit them. During this auto accident, their vehicle flipped, causing the “S” family various injuries. They were taken by ambulance to the hospital and required medical treatment for months after the accident. Their medical bills grew large, but the driver who caused the accident did not have insurance to cover the damages.S family photo - personal injury case, handled by GoodinAbernathy.com in Indianapolis

The personal injury attorneys at Goodin Abernathy LLP are experienced in this area of the law. The “S” family was smart – they were driving with an insurance policy that covered them if an “uninsured” driver caused their damages. The legal team at Goodin Abernathy collected the “S” family’s insurance policy and handled their claims. The “S” family did not need to negotiate directly with their own insurance company or the hospital. The Goodin Abernathy LLP personal injury attorneys handle this work for their clients.

The hospital filed liens to collect any money paid to the “S” family – even from their own insurance company. Goodin Abernathy’s attorneys communicated with the hospital and simply negotiated a distribution of insurance proceeds that left everyone involved satisfied.

This case was complicated due to the insurance policy terms and hospital lien. If someone you know is injured in an automobile accident, contact us for answers to questions about insurance and medical bills. The Goodin Abernathy LLP attorneys first try to resolve the claims through settlement – but take cases to court and present them to juries if and when necessary. Our goal is to optimize your recovery by paying attention to each client’s individual interests.

Contact our Spanish speaking attorneys today at (317)574-3090 or 1(800) 625-4710.

Porch Collapse – Wrongful Death – Premises Liability

Porch Collapse – Wrongful Death – Premises Liability

The news of the tragic death of pizza delivery driver when a porch collapses, Billy Fields, last weekend in Connersville is a graphic reminder of the dangers faced by delivery drivers across Indiana and the United States. No criminal charged or wrongful death charged were claimed. See the news story from Fox59 here.

With an increase in food and goods being delivered directly to people’s doors, it is a stark reminder to homeowners of their responsibility to keep their premises safe for invitees on their property. If the homeowners knew or should have known of the danger presented by this porch, then they can be held responsible for the damages that they have caused this driver’s family. Mr. Fields leaves behind a 13-year-old daughter.

Our partner, Jim Browne, recently represented the family of a delivery driver who was killed in a similar porch collapse in Marion, Indiana. In that case, a UPS delivery driver was killed when he stepped on to a porch that collapsed, trapping him under the concrete. We immediately employed a structural engineer who was able to determine that the porch was dangerous. We were also able to determine that the homeowner knew the dangerous condition of the porch, yet they failed to warn invitees to their property of the danger.

While no amount of money can replace a loved one, we were able to obtain a significant financial settlement on behalf of the family. These cases require quick action as they often require expert witnesses to review the accident scene before evidence is destroyed.

If you or a loved one has been injured or killed while delivering on someone’s property, call us for a free consultation.

Photo by Reba Spike on Unsplash

Keep Dreaming!

Relieving the fears and anxiety of our dreamer families, the United States Supreme Court ruled the DACA program may continue. https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf Keep Dreaming!

The court decided the Trump administration’s attempt to end the program did not consider the harm about 700,000 Hispanics would suffer if their immigration status was suddenly yanked away.

The court considered the Trump administration’s move violated equal protection rights because it was motivated by discriminatory or racial hostility.  The administration did not follow proper legal steps to end the DACA program.  So for now, our DACA friends can live, work and enjoy life in the United States.  But the issues is not finished.

The ruling does not end the DACA debate because if proper legal steps are taken through politics, the government could end the program.  Trump’s administration just tried ending it the wrong way.

So that means Hispanics and equal justice supporters must back politicians that will protect the program.  Those politicians need votes and ground support before upcoming elections. Be more than dreamers – take action! Hispanics, let’s raise our voices, share our experience and show others why we are an important part of this country.

For today, take a deep breath and smile.  Remember to appreciate that America still respects the rule of law.

Amputation Accidents in Indiana

Amputation Injuries at Work

During a legal seminar I attended a couple years ago, an Indiana Occupational Safety and Hazards Agency (“IOSHA”) representative presented information covering work place injuries.  The representative explained that since March 2015, new reporting and investigation regulations require IOSHA to investigate amputation injuries across the state.  The presenter was clearly surprised how many work place amputations occur every day.  This safety initiative is designed to investigate problems, enforce safety codes and prevent ongoing hazards for Indiana workers.

Amputations and Worker’s Compensation

The Goodin Abernathy LLP lawyers are not surprised by these findings because we frequently help clients who have suffered amputated fingers, hands and arms.  Many of our clients need help understanding what Indiana worker’s compensation benefits are available for their damages.  These benefits include lost wages from time off work (TTD or PTD), payment of medical bills, physical therapy and psychological counseling, or payments for their impairment due to permanent physical disfigurement (PPI).

The Indiana Worker’s Compensation Board uses a table to calculate the money owed for amputation PPI ratings.  https://www.in.gov/wcb/index.htm What injured workers need to know is that employers and their insurance companies are obligated to address impairment ratings – but many times the workers are not told of these benefits. Also, the calculations and settlement offers insurance companies make do not always match the reasonable or fair value of a PPI rating: especially in amputation cases.

GA’s Indianapolis attorneys understand the medical and therapy plans needed to fully address amputation recoveries.  We are also experienced in evaluating the correct PPI calculations for claiming impairment benefits with all types of amputations.  Indiana has recognized the pervasive problems of amputation injuries.  This article describes the problems and also discusses a case where a worker suffered two amputations, two different times on the same machine! (click here)

If you need help understanding which benefits are available for your recovery from an amputation, call us.  If you need help calculating the extent of your amputation injury and the its recognized impairment value, contact us and put our experience to work.  Goodin Abernathy LLP will uses its experience, resources (including expert medical review) and legal background to represent you.  Don’t get cut short twice with your amputation – call us for legal help.

FAQ for IOSHA Regarding Amputations