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Amputation Accidents in Indiana

Amputation Injuries at Work

During a legal seminar I attended last week, 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.

FAQ for IOSHA Regarding Amputations

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.

Emel Doner’s Personal Injury Case

I was severely injured, while walking on a sidewalk, by a reckless driver. The accident happened out of town, in a major city on the west coast, while we were on vacation. I had broken bones, possible spine injury and severe lacerations. After being treated at a trauma center of a major hospital, I was forced to return home with tremendous amount of pain and discomfort, while cancelling the rest of our vacation which took years of planning. I had to undergo months of treatment and was left with a lot pain and suffered from depression. Meanwhile the medical bills started coming in, and I was in no condition to deal with the out-of-state healthcare providers and out-of-state accident insurance issues.

It was at this point that I contacted Christopher (Chip) Clark at Goodin Abernathy for his legal help and guidance. Right from the beginning, he had been very gracious, sympathetic to my situation and highly professional in his dealings with me and my husband. Chip and his staff worked diligently with the out-of-state and in-state healthcare providers, the responsible party’s insurance company and Medicare to gather and disseminate all pertinent documentation. Within a short period of time, Chip was able to negotiate a settlement with the responsible party’s insurance company. The settlement amount was the maximum possible that we could have received.

I thank Chip for his responsiveness, his competence and the extremely professional manner with which he dealt with me and my husband.

Emel Doner

Work Injury Claims Against Employer and Third Parties In Indiana

Work Injury Claims Against Employer and Third Parties In Indiana

An injured worker potentially has two legal claims to recover damages. First, they have an Indiana Worker’s Compensation claim against their employer. Second, they may be able to collect from a responsible third-party.

Each state has its own work injury laws. Indiana’s system starts with making a claim through a government agency – the Worker’s Compensation Board. This agency operates very similar to a court. Papers are filed, attorneys are used and hearing members make decisions like judges. This link takes you to the main page for the Indiana Worker’s Compensation Board website. https://www.in.gov/wcb/ Go to the bottom of the page and look for a translation button. You can change it from English to Spanish, if necessary.

Another easy way to learn about Indiana’s worker’s compensation laws is to watch my YouTube videos. Search for Legalmente Hablando Indy or Goodin Abernathy LLP on the YouTube website. Here is an introduction video Jim Browne recorded that covers worker’s compensation. https://www.youtube.com/watch?v=uHV1TB21TZ4  You will learn that work injury claims allow employees to claim these benefits: medical costs, lost wages and a permanent partial impairment rating. The medical costs include charges for an ambulance, hospital, doctors, nurses, physical therapy, medicine, x-rays or MRI’s.

If a treating doctor orders an employee not to work for medical reasons related to the injury, the employer must pay for lost wages or salary. This is called Total Temporary Disability (“TTD”). The worker is paid 66.66% of her regular pay. But tax is not applied to the money. So if the worker usually earns $100.00 per week, then the employer owes $66.66 for each week the employee is unable to work.
Finally, if the injury is serious, the worker may claim a Permanent Partial Impairment. This idea is to compensate workers for physical and work problems they will suffer in the future. The State of Indiana created a list of dollar values for these injuries that limit a worker’s recovery. I can usually help improve the financial recovery for my clients.

Indiana requires employers to carry worker’s compensation insurance. If a worker is injured on the job, the employer’s insurance will cover these costs. If the employer does not have insurance, the law allows the injured worker to make claims against the contractor who hired the employer for the job. Frequently I help clients step up the ladder and find insurance to collect from.

If a person or company, other than the employer or a co-worker, causes a worker injury, then we can make a “third-party” claim for negligence. Negligence law is different from the worker’s compensation claim. Those cases are opened in a typical court with judges. A big difference between the two cases involves damages for pain and suffering. An injured worker can claim damage for pain and suffering in a negligence claim – but not in an Indiana Worker’s Compensation claim.

We are experienced handling various types of third-party negligence claims. Sometimes they are against construction companies where the general contractor has a legal, contractual duty to provide safety for workers on the job. We have handled claims where workers for other companies cause an accident. For instance, an electrician was on a scissor lift. A plumber drove a fork lift over the lift’s electric cord, pulled the it over and caused our client to fall 20 feet. Or, we have clients who were driving a vehicle for their job when another car caused them a wreck.

Remember, insurance companies are in business to make money- not pay it out. They are professional and know the law. That is why you should call me for legal advice. I give free consultations to review these cases with clients. I explain the law for your specific evidence and describe how I charge for my service. You will meet with me in person, speak Spanish and review the case. My staff speaks Spanish and knows about these cases Don’t wait – contact us now!

House Bill 1070 – Distracted Driving

House Bill 1070 – Distracted Driving

We have all seen it, and perhaps even done it ourselves. Driving down the road with a cell phone in our hand. Indiana House Bill 1070 “Distracted Driving,”(read here) passed the House by a vote of 86-10 last week and has been referred to the Indiana Senate. This bill will make it illegal to have a cell phone or other “mobile device” in one’s hand while operating a motor vehicle in Indiana. It modifies the existing law which prohibits texting while driving to include all uses of a mobile device that are not hands free or voice activated. The current law which makes it “unlawful to type, transmit, or read e-mail or text messages on a communication device while driving in Indiana,” has been in effect since July 1, 2011, but has been ineffective in curbing the behavior. This is due primarily, because the existing law as written, is difficult to enforce. This new law could go a long way to prevent distracted driving, and potentially save lives, because it will allow officers to write tickets simply by seeing a person operating a vehicle with a device in their hand, and there will be no requirement that they prove that the operator was actually using the device.

The Indiana Department of Labor defines distracted driving as, “any non-driving activity a motorist engages in that has the potential to distract him or her from the primary task of driving. Stressful jobs, busy lifestyles and technology are just a few reasons why individuals may engage in distracted driving activities.” https://www.in.gov/dol/2873.htm

There Are Three Primary Types of Distracted Driving:

  • Cognitive distraction takes your mind off the road.
  • Visual distraction takes your eyes off the road.
  • Manual distraction takes your hands off the wheel.

Texting, or otherwise using a device to search the internet, change a song, look up a contact, or like a Facebook post can be extremely dangerous because it involves all three types of distraction. Your mind is not focused on the road because you are concentrating on your device. Your eyes are also taken away from the road, as are your hands. As we all know, it only takes a second of distraction to cause a crash.

The U.S. Department of Transportation reports that in 2012, 3,328 people died in crashes linked to driver distraction, and more than 421,000 more people suffered a distracted driving-related injury. In fact, 17 percent of all crashes resulting in an injury involved driver distraction. More recent statistics indicate nine people are killed and more than 1,000 injured daily in accidents in which at least one driver was distracted.

  • Nearly 4,000 people were killed in crashes involving distracted drivers in 2015.
  • Distracted driving was the reported cause of death of 3,450 people in 2016.
  • An estimated 391,000 drivers were injured in distracted driving crashes in 2017.
  • For comparison, there were 39,773 gun deaths in the United States in 2017.
  • In 2019, distracted driving was a reported factor in 8.5% of fatal motor vehicle crashes. https://www.thezebra.com/distracted-driving-statistics/

If you support this Bill we would encourage you to contact your State Senator and request that they vote in favor of HB 1070, click here.

If you or a loved one have been injured or killed by a distracted driver, it is important to know your rights, and to preserve important evidence to support your claim. Call us for a free consultation.

I Was Injured In A Car Accident. Should I Hire An Attorney?

I Was Injured In A Car Accident. Should I Hire An Attorney?

Victims of car accidents suffer a significant amount of trauma. Aside from the physical and mental impact left by the crash, they are responsible for dealing with the intricate motions of a post-accident insurance claim.

Given the complexity of this procedure, car accident victims tend to be at a loss regarding the best way to go about filing their claim. Many make the mistake of giving their insurance companies their full trust in fighting for their legal rights. Unfortunately, in cases like these, insurance companies place their own interests above the victim’s.

For that reason, if you’ve sustained personal injury from a car accident in Indiana, working with a skilled attorney is your best bet in getting the compensation you’re entitled to receive.

Statistics on Vehicle Collisions in Indiana

The number of annual car accidents in Indiana is staggering. The Indiana University Public Policy Institute reports a total of 219,112 collisions in 2017. These incidents lead to 911 deaths and 50,042 injuries.

The majority of these collisions were caused by impaired driving, distracted driving, aggressive driving and speeding. With such high odds of getting into a car accident, you owe it to yourself to be well-prepared should the worst-case scenario arise.

How Can an Indiana Personal Injury Attorney Help?

Following the shock of an accident — especially one that has left you with injuries — you need all the help you can get. By working with the right attorney, you’ll have an ally on your team who will help you defend your right to treatment and compensation.

It’s important to note that your insurance company is not your ally in this case. It’s in their best interests to relay the bare minimum payment in order to cover what they’ve determined to be your losses.

During their investigation following the collision, insurance companies will work to reduce their financial responsibilities as much as possible. Their motives are understandable, since their goals ultimately orient toward making a profit. However, this leaves car accident victims in a vulnerable position — especially if they don’t have anyone to represent them.

When to Contact Your Personal Injury Attorney

It’s important to initiate discussions with your attorney as soon as possible following the incident. In all cases, it’s best to do so before contacting your insurance company, as this will ensure your protection during the initial stages of the investigation.

Insurance companies will prey on any potential for negligence that they find in their investigation. They know that a victim is in an emotionally fragile state immediately following the incident. They also understand that your attention will mostly be spent on recovery and loss prevention.

If you lack the counsel of an attorney, it’s likely that you’ll be unfamiliar with your legal rights under formal recourse. Representing yourself in this case will only increase the risk of having your losses undervalued in court.

On the other hand, having a personal injury attorney as a partner throughout this struggle gives you access to their knowledge and experience. You’ll benefit from their network of physicians and personal loss experts. These sources will help your team arrive at the legitimate value of losses that you’ve sustained.

Personal injury attorneys know the process inside and out, and they work to help you receive what you’re entitled to.

Understanding Your Legal Rights

If you’ve sustained a personal injury from a car accident, the compensation you deserve might extend beyond medical coverage.

Depending on the severity of the incident, you might be entitled to the full recovery of lost wages caused by your injury. You’ll also be able to claim physical and emotional distress as part of your case. If family members are made to suffer by the lack of your companionship during recovery, they might also be deserving of compensation.

In cases where the insurance company seeks to settle out of court, it’s important that you operate with a full understanding of the value that you’re entitled to. In this case, your personal injury attorney will be able to assess the offer and negotiate on your behalf.

Working With a Personal Injury Attorney is Your Safest Bet

It’s possible to represent yourself in a case where you’ve sustained a personal injury from a car accident. However, unless you’re operating with a full understanding of Indiana car accident law — which requires years of study and experience — you risk missing out on significant compensation that you might be entitled to.

That’s why it’s best to hire a personal injury attorney. By doing so, you’ll benefit from their vast knowledge and expertise in navigating through the intricacies of your case.

Working together with an attorney will greatly increase your chance of being compensated for the full extent of your losses.

The Dram Shop Act

The Dram Shop Act

In lieu of the recent case against Tiger Woods, we thought it would be beneficial to explain the Dram Shop Act. Who is responsible when an accident or injury occurs because of someone being intoxicated?

Federal statistics & data show deaths caused by drunk drivers have dropped significantly in last 30 years, however, the phenomenon still occurs far too frequently.

In Indiana, when a drunk driver injures or kills a person, the bar or person that served the driver might share responsibility for the event. Under what is known as the Dram Shop Act, giving alcohol to a visibly drunk person can cause civil liability.

Now, the bar or person must possess or control the beverage and actually serve the alcohol. In addition, the person serving the alcohol must possess actual knowledge that the recipient was drunk at the time the beverage was provided. So, many times it is important to determine how much alcohol the person drank, over a certain time period as well as whether the person showed signs of intoxication like slurred speech or strange behavior.

If you have questions, an attorney can help sort through the issues to determine if these factors in the Dram Shop Act apply.

Please feel free to contact Goodin Abernathy.