Construction sites present active and dangerous areas. Attorney Jim Browne and Goodin Abernathy LLP help injured construction workers prosecute their Indiana injury claims. These cases are typically known as Indiana Workers Compensation claims. Our experienced legal team offers Spanish-speaking service and customized care for each of our clients. If you or a co-worker were injured on a construction site, contact us for a free legal consultation with attorney Browne in Spanish. Your immigration status does not prevent you from making a legal claim in Indiana.
Indiana allows an injured employee to make a civil claim for benefits against their employer after suffering a construction site injury. If you were hurt in the course of your job, you can make a claim no matter how it happened – even if you did something to cause the injury. This claim is controlled by Indiana’s Worker’s Compensation law. Indiana Workers Compensation laws requires employers to offer injured workers with set benefits like medical treatment, payments for time off work and the value of your permanent physical impairment. The insurance companies that defend employers and pay the benefits are trained to save money. You should have an experienced attorney at your side, fighting for the maximum value of your claim. We do not charge a legal fee to represent you unless we collect money for your case. This is called a contingency fee where our legal team charges a percentage of the amount of money we win for your case. Our fees are explained in English and Spanish with written agreements you review with the attorney.
Importantly, Goodin Abernathy also investigates whether you are eligible for making a negligence claim against another responsible party, like a construction manager or general contractor. The law and damages in a negligence case are different than a Workers Compensation claim and you need an experienced litigator for help. Our legal team uses experts, investigates reports and handles the legal research required to make a construction accident negligence claim.
Examples of Indiana Worker’s Compensation and Negligence Cases
CONSTRUCTION –WORKERS COMPENSATION
Juan works for a masonry contractor named Block Inc. While at the Block Inc. offices, he is loading bricks when he falls out of a truck and breaks his ankle. Because he was injured at work and while doing his job, Juan has an Indiana Worker’s compensation claim. The employer owes him medical treatment and payments for time he misses from work. When the doctors say Juan is finished with medical treatment but has a permanent physical restriction, the employer needs to pay him money for the impairment. Juan does not have negligence case because no other person, company or equipment was involved with the accident.
CONSTRUCTION – NEGLIGENCE AND WORKERS COMPENSATION
Juan’s masonry company Block Inc. is working at a new hotel project owned by Hotel Inc. Hotel Inc. hired All Service LLC to be the general contractor. The job of All Service LLC is to hire, contractors and organize the construction job. While Juan is at the construction site, he climbs up on a scaffold to build a wall. On the ground, a carpenter that works for Woodworks Inc. is driving a forklift and accidentally hits the scaffolding. This causes Juan to fall off and suffer an injury. 1) Juan does have a worker’s compensation claim against his Block Inc., his employer. 2) Juan has a negligence claim against Woodworks Inc. for causing his damages. 3) Juan may also have a negligence claim for his damages against the general contractor that was obligated to manage safety and traffic at the construction site.
CONSTRUCTION INJURY- MACHINE MALFUNCTION
Hector is using a new air pistol to drive nails on a framing project in Indiana. The tool explodes from too much air pressure and injures Hector’s hand. Hector has a workers compensation claim against his employer. He may also have a negligence claim against the air pistol manufacturer for a faulty design. This claim depends on the age of the tool, identifying the manufacturer of the tool and evidence it was designed or made negligently. Hector needs the support of Goodin Abernathy to investigate the tool company. Attorney Browne might need to use experts that examine and explain why the tool was negligently made and caused the injury.
STAFFING AGENCY
Maria works for USA Staffing LLC. The staffing company pays her to do work at different companies. USA Staffing LLC assigns her to AAA Factory where she works on a production line. Maria turns to pick up a package off the floor and feels a pop in her back. Though she was injured at the AAA Factory, Maria has a workers compensation claim against USA Staffing LLC for her injury.
EMPLOYER – NO INSURANCE
Marco is a painter who works for a guy named Arnold. Arnold gets jobs from a painting company and pays Marco cash to do the work. Marco falls off a ladder and breaks his arm but discovers Arnold does not have insurance. When employers do not have insurance, the law allows workers to make claims against the contractors or property owners that hired their boss. Attorney Browne helps Marco identify two other potential defendants that might owe him for the same benefits that Arnold owes him.
INJURY IN ANOTHER STATE
German lives in Indiana. He works for a demolition business in Indiana called Demo Inc. that is also located in Indiana. German lives in Indiana and they do most of their work in Indiana. Demo Inc. gets a job in the state of Ohio and takes its crew there. While at the project site in Ohio, a wall falls onto German and injures him. German has a workers compensation claim and can decide whether to make it in the state of Indiana or Ohio. German consults with attorney Browne to learn and choose which state law he wishes to use for making the claim.
Goodin Abernathy offers free, relaxed consultations with attorney Browne. He and his team speak Spanish and understand your needs. You, your family and friends are invited to attend the consultation and learn about the law controlling your injury claim. We take the time to listen and answer your questions.
It is important to contact us immediately before evidence disappears and the insurance company starts telling you what they are going to do with your claim. Let us help you with a legal evaluation, make decisions and tell the insurance company we are representing you. Call us at 317-843-2606 and schedule your appointment today.
Finally, after years of remaining at the same level, the Indiana Worker’s Compensation Board and State of Indiana increased the financial recovery rates an injured worker can claim for their case. www.in.gov/wcb/files/PPIandTTD-benefits2023_1.3_.pdf For injuries that occur on or after July 1, 2023, an injured worker may recover more money for their PPI and TTD benefits. The schedule used by the state increases annually over the next four years. Understanding these rate tables can be complicated. Since every dollar for your work injury case is precious, you should contact Goodin Abernathy for legal help.
Worker’s Compensation Laws
Employees hurt on the job in Indiana are protected by Indiana’s Worker’s Compensation laws. Attorney Jim Browne and Goodin Abernathy regularly help our Hispanic clients navigate the legal process to protect their rights and fight for more benefits. This article highlights main points of the Indiana Worker’s Compensation process.
Each state uses different laws for their worker’s compensation (“work comp”) claims. In Indiana, a work injury is considered a civil law claim. It does not involve criminal or immigration law issues. Something a little different about work comp claims is an agency handles the legal process – not a court of law. The Indiana Worker’s Compensation Board is the agency that tracks and handles these cases. You can learn more about the Board at this website https://www.in.gov/wcb/
An important part about Indiana’s work comp law is that an employer cannot defend a case based on liability or fault. Unlike an auto accident or other typical type of injury claim, it does not matter whether an employee was negligent and did something to cause the accident. As long as the employee was not intoxicated or intended to hurt themself, Indiana requires the employer to offer benefits.
Unfortunately, we often hear that employers threaten immigration reporting or similar problems when their employees are injured. You should not be afraid of immigration issues. Indiana’s work comp law allows any worker to make a claim. Your immigration status does not affect your legal rights and does not involve notifying the U.S. Immigration Customs and Enforcement (“ICE”) agency. Hispanic workers should not be concerned about immigration problems and notify their employer or supervisor immediately if injured on the job. Make sure to report your injury right away because waiting to do so may allow the employer to dispute responsibility.
Preliminarily, a couple legal issues we see affecting work comp claims involve whether the worker was an employee and whether the employer has insurance coverage. Determining whether an injured worker is an employee or independent contractor can be a complicated legal question. Since Indiana law does not require employers to offer independent contractors work comp benefits, let’s review some basic differences between employees and independent contractors.
Signs That Show A Worker Is An Employee
The worker is paid with a company check
Taxes are taken out of their pay checks
Worker does not work at other jobs
Worker does not have her/his own business
Worker uses the employer’s equipment
Worker regularly visits the employer’s place of business
Works the hours and schedule the employer chooses
An Independent Contractor Is Usually Identified When These Circumstances Apply
The worker has her / his own company
They work for various other companies
They do not work for the employer full time
They receive a 1099 tax form from the employer
They do not have taxes withheld from their payments
They use their own vehicles and equipment to perform the work
Worker’s compensation insurance coverage is an important part of the claim. Without insurance coverage, employers usually cannot pay the benefits they owe their injured employees. Many employers are small companies or individuals and choose not to pay for insurance. This is an important reason why you should ask if your employer has worker’s compensation insurance. A legal option that sometimes helps injured workers in these situations is if your employer is performing work for another company or contractor. Typical examples of this arrangement are found in construction and staffing agency arrangements. Indiana’s work comp law allows us to take one step up and make a claim for benefits from the general contractor or staffing agency if the primary employer does not carry insurance.
When an employee is injured on the job, Indiana law requires the employer to offer various benefits. The first and probably most important benefit is for medical treatment. If you visit the doctors, therapists and medical providers the employers offer, they must pay for all your costs. You are not responsible for deductible payments. You are not required to use your own health insurance or take FMLA time. Since your health and well-being are your primary concerns, you may seek medical treatment immediately after your work accident. If your employer or the insurance company deny you treatment, then you should seek legal help immediately. The attorneys at Goodin Abernathy understand the process and will explain your rights.
When a doctor or medical expert says you cannot work due to your injuries, you may claim Temporary Total Disability (“TTD”) payments. Indiana’s work comp law requires employers to pay two – thirds (66.66%) of your regular income while you cannot work. These TTD payments are not reduced for income tax or other typical withholdings. Before the payments start, the doctor must determine that you miss more than seven (7) consecutive days of work. If you miss thirty (30) consecutive days or more, than the employer must go back and pay you for the first 7 days of work that you missed. Sometimes, workers do not miss time off work immediately after their injury. But later, they require surgery or start treatment that keeps them off work. The TTD rules also apply to these subsequent periods of missed work.
When the employer or its insurance company determine that certain benefits should finish, they are required to send you a Termination of Benefits form. The form looks like this www.in.gov/wcb/files/Blank-38911.pdf If you dispute that benefits should stop, it is important to respond to these within seven days of receiving the form. If you fail to respond, then technically the employer may stop sending you the TTD benefits.
The final type of benefits owed to an injured employee involves the Permanent Partial Impairment (“PPI”) value of your injury. Basically, this benefit pays the employee for the future impairment they will suffer from the injury. That is, how will the injury interfere with their work and ability to earn income in the future. Calculating this benefit is complicated. For instance, the doctors and work comp Board uses the AMA Guidelines for reference. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview. To understand it best, you should contact our Legalmente Hablando Indy team for representation. We will examine the medical records, show you how the government calculates the benefits and describe your legal options for maximizing recovery of PPI benefits.
Indiana law controls how attorneys charge for legal services in work comp claims. All attorneys in the state charge the same percentages for contingency fees. Since we charge a contingency fee, that means we collect our fees only when we win and you get paid money for your claim. If we do not collect money, then you do not pay. Our legal fee agreements are explained in both Spanish and English.
If you or a loved one are injured in a workplace accident, contact the Goodin Abernathy legal team. We handle death claims, amputations, orthopedic surgeries, electrocution, burns, explosions, head /brain injuries, spinal column fractures and broken bones. You will find we care about our clients and patiently explain the legal process. Count on us to aggressively represent your claim. Contact us today.
Whether you’ve been in a car accident or slipped and fallen, one thing is certain: proper documentation can make or break your personal injury case in Indiana. That’s because documentation establishes the facts, determines liability, and helps secure the compensation you deserve. With so much on the line, it’s essential to have a comprehensive understanding of the importance of documenting personal injuries in Indiana. This blog is your ultimate guide to navigating the complexities of injury documentation. We’ll cover everything from relevant laws to tips for proper documentation and the critical role an experienced personal injury attorney can play in your case.
Understanding Personal Injury Law in Indiana
Definition of personal injury
Personal injury can take many forms, from physical harm to emotional or psychological distress, and it often arises from the careless or intentional actions of others. Fortunately, Indiana law allows victims to pursue compensation for their injuries and losses through the legal system. This area of law provides a framework for seeking damages and holding negligent parties accountable. In this post, we’ll delve deeper into personal injury law in Indiana, exploring how it can help you recover from the harm you’ve suffered.
Common types of personal injury cases
Some of the most common personal injury cases in Indiana include:
Indiana’s personal injury law operates under a “comparative fault” system, which allows you to recover damages even if you share some of the blame for an accident, as long as your fault is less than 51%. Your compensation will be reduced by the percentage of fault assigned to you. For instance, if you are 30% at fault for an accident and your damages total $100,000, you can receive $70,000 in compensation.
Statute of limitations for personal injury claims in Indiana
Another crucial aspect of Indiana’s personal injury law is the statute of limitations for filing a lawsuit, which is typically two years from the date of the incident. It’s crucial to act quickly in pursuing your claim, as missing this deadline can bar you from seeking compensation. However, there are exceptions and nuances to this rule, and consulting with a knowledgeable personal injury attorney can help you navigate these complexities and protect your rights.
Tips for Properly Documenting Your Personal Injury
Establishing evidence to support your claim
Documenting your personal injury is crucial for establishing the evidence necessary to support your claim. This evidence provides a clear and objective record of the incident, including the extent of your injuries and the damages you’ve suffered. With proper documentation, you can paint a vivid picture of what happened and demonstrate the other party’s liability, which is key to securing the compensation you deserve.
Be thorough and accurate in your documentation
When compiling documentation for a personal injury claim, it is crucial to be meticulous and precise in documenting all pertinent details. This approach will bolster your case and simplify the task of your legal representative in comprehending and advocating for your claim.
Keep all documents organized and easily accessible
To improve the efficiency and accessibility of important information, it is recommended that you implement a systematic organization of your documents. Whether it be through digital or physical means, maintaining a well-ordered documentation system can benefit you, your attorney, and your insurance company in swiftly and effectively reviewing necessary materials.
Update your personal injury journal regularly
Maintaining an up-to-date personal injury journal is crucial to building a strong case. Regularly documenting physical pain, emotional distress, and any changes in your condition can provide a comprehensive account of how your injury has impacted your life. This information can be critical evidence to support your claim, so it is essential to keep your journal organized and regularly updated.
How a Personal Injury Attorney Can Help
Assessing the strength of your case
A lawyer specializing in personal injury cases has the expertise to analyze your situation, review the available evidence, and offer an objective evaluation of its viability. Furthermore, they can guide you on the probable outcomes and help you determine whether settling out of court or pursuing litigation would be the most advantageous course of action.
Ensuring proper documentation
A seasoned lawyer can assist you in navigating the complexities of compiling and arranging all the essential paperwork required for your personal injury lawsuit. They can pinpoint any gaps or insufficiencies in the evidence and guarantee that your case is established on a firm footing.
Negotiating with insurance companies
Insurance providers frequently try to reduce their financial liabilities by contesting or underestimating the value of claims. An attorney specializing in personal injury cases can act as your representative in negotiations with the insurance company, leveraging their legal know-how and familiarity with your case to achieve the most favorable settlement outcome on your behalf.
Representing you in court, if necessary
If your case goes to trial, your attorney will represent your interests in court, presenting evidence, cross-examining witnesses, and making persuasive arguments to the judge or jury on your behalf.
Maximizing your compensation
An attorney specializing in personal injury cases can play a crucial role in safeguarding your rights and ensuring that you receive adequate compensation for your medical bills, lost income, emotional distress, and other losses resulting from your injury. Their proficiency and unwavering commitment can have a substantial impact on the resolution of your case, potentially resulting in a more favorable outcome for you.
Consult with Goodin Abernathy for Expert Personal Injury Representation
If you have sustained a personal injury in Indiana, it’s essential to act swiftly. You can rely on the professionals at Goodin Abernathy to assist you in navigating the process of documenting your injury and pursuing compensation. Our team of devoted attorneys is dedicated to providing tailored legal guidance, safeguarding your rights, and advocating for your best interests. Reach out to us now to schedule a complimentary, obligation-free consultation to discuss your case and examine your legal alternatives. Let us work in partnership with you to secure the most favorable resolution for your personal injury lawsuit.
Falls account for one in three construction site accident deaths. However, not all accidents are so extreme that they result in death. For many people, their injuries include bruises, cuts, broken bones, and concussions. However, it doesn’t matter if the injury is minor or severe. If it impacts your ability to work, it affects your life and family. The lawyers at Goodin Abernathy understand that a construction injury can be a life-altering accident. They fight hard to secure their clients just compensation for their injuries.
Broken Bones
The most cited OSHA safety regulation violation is the lack of fall protection on construction sites. Completed buildings have several safety features in place to protect people from falling. Buildings that are in the construction process do not have these features installed yet. This and the very nature of working up high puts construction workers at a greater risk of falling. For example, from ladders, rooftops, scaffolding, or large machinery. When you fall from a tall height, your body is at risk of breaking bones and bruising upon impact.
Other common causes of broken bones are struck-by accidents or crush accidents. This is when the construction worker gets struck by or crushed by a vehicle, machinery, or equipment. Broken bones can take months to heal, then require many more months of rehab. In some situations, the victim may never fully regain the functionality of their broken limb.
Electrocution
Because construction sites are buildings in progress, they have an increased risk of electrocution. Exposed wiring and generators present a risk by exposing construction workers to electricity. Then there is the use of power tools and electrical equipment as an everyday part of the job. If these tools are not properly maintained, they can have an electrical short that injures the user. Finally, excavation and site trenching activities can result in a construction worker unknowingly hitting buried electrical wires. When someone experiences electrocution, they can experience nerve damage, respiratory problems, seizures, and brain damage. These injuries could be short-term or long-lasting, depending on the severity of the electrocution.
Knee and Ankle Injury
Construction sites are not easy places to walk. Building materials, equipment, and tools are strewn about. Then there is the uneven ground, holes, and trenches. Navigating this minefield of potential danger can sometimes result in a slip or trip and fall. When this happens, knee and ankle injuries also occur. Minor injuries may require the injured worker to stay off their foot for weeks or months. More serious injuries could require surgery.
Back Injury
Sometimes back injuries happen from falls, being struck by, or being caught in-between accidents. But they can also occur from over-exertion. Simply being required to carry or move equipment that is too heavy for you can cause a back injury. These injuries can debilitate a person, rendering them unable to sit or stand for extended periods of time. Recovery can require rest and physical therapy to heal and strengthen the back muscles.
Head and Brain Injury
There is a reason construction workers wear hard hats. Even a minor bump to the head can cause a head or brain injury. Head injuries are tricky; minor injuries rarely cause long-term problems. However, severe injuries can create extensive complications that are long-lasting. If a construction worker suffers a head injury, they should get checked by a doctor. The most common type of injury is a concussion. Recovery requires rest, which can keep you from work. In contrast, severe head injuries can impact speech, coordination, seizures, and cognitive thought. Effects can directly impact the victim’s ability to function and prevent them from going back to work.
Spinal Cord Injury
A spinal cord injury occurs when a sudden and traumatic blow to your spine causes your spinal bones to crush, compress, or dislocate. This movement of the bones damages the spinal cord located within them. Because your spinal cord is a tight bundle of nerves that acts as a central command center for your body, these injuries can have far-reaching effects. You could experience minor numbness or total paralysis. Injury to your spinal cord is permanent. This type of injury is life-altering and affects every part of a construction worker’s life.
Illness
Asbestos and lead were once commonly found in construction. These materials are harmful to the human body. Construction workers who work on an older building could be exposed to these hazards. However, they aren’t the only dangers that can cause illness. Construction workers exposed to toxins, chemicals, solvents, and pesticides are at risk of suffering illness. This type of injury is more challenging to prove liability for. Unlike physical injuries, illness does not always happen right away. Sometimes, it can take years for the illness to become known. If you worked in construction and suspect that your illness is a result, consider speaking with a personal injury attorney.
Loss of Limb
In some caught in-between accidents, a construction worker may lose a limb. This happens when the victim gets caught where they shouldn’t be. The limb gets caught, causing it to get crushed. Another common occurrence is the loss of a finger or toe. Fingers can easily get caught in the way of a sharp blade. Toes can become injured when heavy equipment or building supplies get dropped on the foot. Depending on the limb lost, this injury can prevent the construction worker from continuing to work in the construction industry.
Internal Organ Damage
Being caught between, crushing, and fall accidents can have a devastating impact on the human body. While external damages are readily assessed, internal organ damage can lead to potentially life-threatening complications. Surgery may be required to repair the injury and stop bleeding. It can then take months or over a year for the individual to heal. During this time, they may not be able to work.
Hire a Goodin Abernathy LLP Lawyer
The Goodin Abernathy LLP attorneys handle worker’s compensation and negligence claims for clients injured on construction sites. These two legal claims involve difficult issues in which the Goodin Abernathy attorneys are experienced taking to court and fighting for our clients’ recoveries. A “work comp” case involves making a claim against the worker’s employer for statutory benefit. These include medical treatment, lost wages and physical impairment.
A “negligence” claim is the second legal area that many attorneys are not as experienced in handling. In certain situations, an injured worker can make legal claims against general contractors, project supervisors, project owners or other services typically involved in a construction project. Especially in death, amputation or serious injuries, we need to make sure our clients exhaust their legal remedies and collect the damages they are entitled to under the law. That’s why we help our clients recover more money for damages through negligence cases compared to only going after a work comp claim. In serious injuries, amputations or death claims, call the Goodin Abernathy LLP attorneys right away. We care about our clients, their families and supporting them with first-rate representation.
Do not wait to seek treatment if you’ve experienced an injury while working on a construction site. Once you have a diagnosis and treatment plan, consider speaking with a lawyer. The team at Goodin Abernathy has experience representing injured construction workers. They fight for the compensation they deserve to ensure they have financial security.
The attorneys at Goodin Abernathy LLP handle Wrongful Death claims – fighting to honor the memory of lost loved ones and supporting their dependents as the law allows. Losing a loved one is catastrophic. The physical and emotional void left by a family member’s death feels insurmountable. These emotions don’t even include the financial toll of losing a family’s bread-winner. Money can’t replace someone we love, but as a practical matter, it’s something families need legal help collecting. In Wrongful Death cases, not only do Goodin Abernathy LLP attorneys know we are legally obligated to pursue the fullest extent of damages under the law – we want to fight for them because we care about our clients.
Indiana law allows family members and dependents to recover money as legal damages when their loved one is killed by another’s negligence. “Damages” is a legal term referring to the compensation – normally a sum of money – provided to a person who suffers harm or loss due to the negligence of another. Negligence causing one’s death is commonly known as a “wrongful death” claim.
Here are some things to consider when deciding what to do after losing a loved one to Wrongful Death.
Wrongful Death is a Civil Claim not a Criminal Claim
Wrongful Death refers to deaths that result from the negligent act of an entity or another person. A negligent act does not always mean a crime was committed. Your loved one’s death need not be the result of an intentional criminal act for you to make a Wrongful Death claim. We are experienced handling cases involving both criminal and negligent (civil) claims. Explaining how the criminal and civil laws work is one of the first things we address with grieving families. It’s natural to ask “Why didn’t that driver, who ran the red light, get sent to jail?” Goodin Abernathy’s attorneys evaluate and explain cases clearly. Sometimes cases do not involve criminal acts and we understand families are stunned the at-fault driver is not going to jail. While being honest with our clients, we are also sympathetic to their loss. No question is a dumb one and no feelings are dismissed by us. We take the time to walk our clients through legal explanations because we want them to understand and be comfortable with the process. As regular people, Goodin Abernathy’s attorneys actually care about our clients – then we use our training and experience to provide them with superior legal services.
Was someone driving erratically, causing an accident that killed your loved one? Did your loved one suffer an accident at work resulting in their death? Besides having an Indiana Worker’s Compensation claim, you may also have a wrongful death claim. There is a big, important difference between the two. Because we’ve handled these situations, we’ll explain how we prosecute both legal claims for our clients’ maximum benefit.
I’m Grieving and Don’t Have the Time or Energy to Pursue Legal Action
Losing a loved one is exhausting. It feels like there is a never-ending number of things to take care of and the last thing most people want to consider is a drawn-out legal battle. We get it- just remember two things: 1) In Indiana, the personal representative of the deceased has two (2) years to make a claim. (IC 34-23-1-1); and 2) the longer you wait to engage legal help means the more likely important evidence is lost. You might not feel like you have the time to juggle a lawsuit and find your way after a loss. But trust the idea we want to help, and we will make it as easy as possible to connect and communicate with us. When it comes to the legal issues involved with a claim, it’s our job to do the work so you and your family can move forward at the same time.
What Sort of Damages are Available in a Wrongful Death Case?
Damages may include medical, hospital, funeral and burial expenses. Damages include the loss of someone’s love and affection. Another big category of damages includes lost income or lost earnings. Under Indiana’s Wrongful Death Statute “recovery of emotional damages is allowed for spouses and dependent children; a decedent’s minor children may recover for loss of parental training and guidance as well as for the loss of their parent’s care.” (TRW Vehicle Safety Systems, Inc. v. Moore) “This loss can be determined, in part, from assistance that decedent would have provided through money, services or other marital benefits, but it also includes loss to children of parental training and guidance and loss of love and affection to surviving spouse.” (Southlake Limousine and Coach, Inc. v. Brock)
Wrongful Death cases are complex. The attorneys at Goodin Abernathy LLP are here to help you navigate these difficult times. Unlike a lot of big name advertising firms, our fees are structured for fairness to our clients. Our fees depend on the level of legal work you claim requires. You should not pay one set fee percentage for your case. We will explain how our fee structure works and comfortably answer your questions. Goodin Abernathy LLP gives you the time for decision making – we do not pressure you into signing our fee agreement the first time we meet. In these situations, you deserve an attorney that will walk beside you through the entire process. Contact us, Goodin Abernathy LLP, and see how we set ourselves apart from other attorneys. We know this is an emotional time. Let us help you recoup a sense of security for your family’s future. Call Goodin Abernathy LLP at 317-843-2606 today to schedule your Free Consultation.
Indiana enacted its first Worker’s Compensation Act in 1915 in response to a growing number of workers injured on the job who had no guaranteed means of receiving medical treatment for injuries or wage replacement income during their physical recovery. Prior to enacting its first Worker’s Compensation Act, when an Indiana worker was injured, the worker was permitted to sue their employer in court in an effort to get compensation. However, lawsuits were time consuming, expensive, and frequently left the injured worker in a position where they were unable to obtain medical attention while their lawsuit was working its way through court because time was lost to address arguments from employers that the worker caused the accident or assumed the risk of the accident. The Workers Compensation Act struck a compromise between the competing interests of the worker and the employer and moved to a no-fault based system. In short, and in general, employers were stripped of the ability to claim the worker caused the accident. In exchange for this concession, injured workers were deprived from collecting pain and suffering or loss of enjoyment of life damages.
In today’s Indiana Worker’s Compensation system, this means when a worker is injured “on the clock” when they slip and fall, or are injured in a car accident, or are injured in a construction accident, the worker’s employer is not permitted to claim the worker should have paid more attention to what they were doing when the event occurred. However, some important employer-based fault arguments are still available to employers. For example, pursuant to I.C. 22-3-2-8, employers may raise affirmative defenses that no money is owed because the injury was 1) due to the employee’s knowingly self-inflicted injury, 2) due to intoxication, 3) due to the commission of an offense (not including traffic violations), 4) due to a knowing failure to use a safety appliance, 5) due to a knowing failure to obey a reasonable written or printed safety rule which has been posted in a conspicuous position in the place of work, or 6) due to a knowing failure to perform any statutory duty.
Disagreements often occur when an employer raises one of these defenses, and if left unresolved, a judge is asked to determine whether the employer’s defense is valid at a hearing. Like many areas in law, an exploration into the facts of an individual matter is usually necessary to assess the validity of these types of defenses. For example, just because a worker is intoxicated or impaired at the moment the worker is injured, it does not necessarily mean the employer does not owe compensation. Indeed, there is a difference between a drunk worker being injured when the worker drives a delivery truck off the road compared to a drunk worker performing his work satisfactorily when a co-worker accidentally drops an item from above that strikes and injures the worker.
Similarly, not every failure to use a safety appliance or knowing failure to obey a posted and written safety rule bars a recovery. When an employer allows the alleged prohibited conduct to occur or also engages in the prohibited conduct, the employer will not be able to shield itself from responsibility. As an illustration in an industrial or machine setting, if an employer posts an open and obvious sign that machinery must be shut down before it is cleaned, but observes employees cleaning the machine while it is not shut down, the employer will not be allowed to rely on a fault-type defense.
If you need help navigating a matter involving an injury at work where questions exist as to whether the employer may raise an argument that the worker is at fault for the accident, Goodin Abernathy, LLP can bring experience, knowledge, and resources to bear on the question. Contact us today for a free consultation.
