by admin | Mar 29, 2017 | Brain Injuries, Burns, Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
Each year in Indiana and across the United States, workers are severely injured or killed in workplace accidents involving electrocutions. In 2015, the Bureau of Labor Statistics reports that 134 workers across the nation were killed when they were exposed to electricity while they were working. Workers in the construction industry are especially at risk of suffering an on-the-job electricity-related injury. The Occupational Safety and Health Administration calls electrocution accidents among the construction industry’s fatal four, which are the four types of injuries that result in death each year. In addition to the risks of death from contact with electricity, electrocutions also bring risks of serious injuries.
Causes of Workplace Electrocution Injuries
Both electrical workers and non-electrical workers may suffer electricity-related injuries while working. The primary causes of electrocutions in the workplace are contacts with overhead power lines, contacts with electrical wiring and equipment and contacts with appliances and machinery. Among workers who are not employed as electrical workers, the primary cause of work-related electrocution accidents is contacting overhead power lines because of failing to stay far enough away from them; failing to protect the lines; and failing to de-energize them before working around them. Other workers may also suffer from electric shocks from using old extension cords and engaging in other unsafe workplace activities. Defective wiring in the workplace is also a leading cause of electric shocks among workers outside of the construction industry.
Work Related Electrocution Injuries
Coming into contact with electricity may cause injuries ranging from mild pain and discomfort to death. Some people who suffer from them may be left with permanent disabilities and be unable to return to their jobs. The injuries may include the following:
- Brain injuries
- Neurological injuries
- Cardiac arrest or other heart problems
- Permanent disfigurement
- Burns
When workers suffer from electrical shock, they may suffer several symptoms, including heart attacks, dizziness, unconsciousness, seizures, muscle pain, headaches or hearing loss. It is important for people who have suffered electric shocks at work to seek medical care immediately.
Workplace Electrical Hazards
In order to help prevent workplace injuries from electrical exposures, OSHA promulgates and enforces safety regulations that companies are required to follow. There are numerous hazards that may lead to electrical accidents in the workplace, including wet floors, defective wiring, overloaded circuits, downed power lines, exposed electrical parts and others. When companies violate these regulations, they place their workers at risk of suffering debilitating injuries or fatalities. No matter who was at fault in causing the accident, eligible workers may recover benefits from workers’ compensation when they have been injured on the job by electricity.
Recovering Benefits or Damages from Workplace Electrocution Accidents
Workers who suffer from electric shocks while they are on the job may file claims for benefits through their employers’ workers’ compensation insurance policies. Most employers in Indiana are required to carry workers’ compensation insurance so that workers who are injured may recover benefits for their injuries. Injured workers may recover benefits to pay for all of their related medical costs, including hospital care, medical appointments, rehabilitation, prosthetics and prescription expenses. If a worker is unable to return to work because the accident caused a disability, the worker may recover monthly benefits that pay for a percentage of his or her former income. Disability benefits through workers’ compensation may include those for partial or total and temporary or permanent disabilities.
In some cases, third parties may hold liability for workplace electrocution accidents under a theory of negligence. For example, if a worker is electrocuted by a defective piece of equipment, the parties that were involved in the chain of production may hold liability to pay damages to the injured worker or to the family members of workers who were killed. Families of workers who are killed in workplace accidents involving contacts with electricity may also recover benefits from the employers of their loved ones by filing workers’ compensation claims. The spouses of the workers may recover monthly benefits to replace a percentage of their loved ones’ incomes that were lost when they were killed in an electrical accident while working.
How an Attorney May Help
If you were injured at work in an accident involving contact with electricity, you may benefit by seeking help from an experienced attorney at Goodin Abernathy. Our attorneys may help you to recover the workers’ compensation benefits to which you should be entitled. If a third party is partly to blame for the accident, our attorneys may also file personal injury lawsuits against the third party in addition to your workers’ compensation claim. This may help you to maximize the amount of compensation that you might recover to help pay for the losses you have suffered from your electrocution accident.
by Karl Popowics | Jan 13, 2016 | Legal Matters Discussed, Medical Malpractice, Personal Injury, Wrongful Death
Individuals are generally housed at a County Jail while they wait for their trial or when they are waiting to be sent to a Department of Correction facility after being sentenced.
While at the County Jail, Indiana law dictates the County Sheriff is the one charged with a duty to administer the jail in a manner which preserves the safety of the inmates. Indeed, the Sheriff must exercise reasonable care to preserve the life, health, and safety of those in custody.
Frequently, the County Sheriff will delegate duties to jail employees to run the jail, and sometimes the County Sheriff will delegate the responsibility for providing medical attention to inmates to a doctor or an outside health care provider. However, even when duties are delegated, the Sheriff is responsible for the acts of jail employees, if the employees, acting in the course and scope of their employment, commit negligence. Similarly, the Sheriff is responsible for the acts of heath care providers. Therefore, when an inmate at a County Jail commits suicide; is sexually assaulted by a jail employee; or is deprived reasonable medical care; the Sheriff, in an official capacity, may be liable for damages.
Any individual who desires to make a claim against a County Sheriff, in their official capacity, must file what is known as a Notice of Tort Claim. This Notice must be filed within 180 days after the loss or event and must contain specific required information or the claim will be barred. Consequently, it is important that individuals who have suffered an injury or event at a County Jail, as a result of the actions of a jail employee or medical care provider, consult with an experienced attorney.
by admin | Aug 28, 2015 | Employment Law, Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
Recently the US Department of Labor posted a story on their Facebook page about a temporary worker who was crushed to death on the first day of his job at a bottling facility.
In 2013, The Occupational Safety and Health Administration announced an initiative to improve safety conditions for temporary workers.
When a worker is employed by a temporary agency and is assigned to a specific host employer, both the agency and the host have responsibilities to ensure the safety of employees. https://www.osha.gov/temp_workers/ Unfortunately many temporary workers are injured on the job, some on their first day as in the case of the worker in the bottling facility.
The attorneys of Goodin Abernathy LLP have experience representing injured temporary workers when they are injured on the job. Even if it was your first day or first week on the job site you have rights as an employee in Indiana if you are injured on-the-job– even if you are a temporary employee. Many of our Spanish-speaking clients work for temporary agencies and have suffered injuries at work. These cases present unique circumstances and challenges for workers. If you have been injured while employed by a staffing agency and have questions, don’t hesitate to call us—317-843-2606.
by Jim Browne | Aug 27, 2015 | Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
A Hispanic worker was cooked alive at his job in a tuna factory. Legal penalties were ordered for the dangerous acts of the man’s co-workers and the factory management. http://www.usatoday.com/story/news/nation/2015/08/13/bumble-bee-forced-pay-6m-worker-cooked-alive/31620881/
Indiana’s Worker’s Compensation laws control injury and death claims when workers suffer factory deaths or serious injury. This website answers many common questions injured workers have regarding their claims. http://www.in.gov/wcb/2382.htm Undocumented Latino workers can legally claim medical costs and disability benefits in Indiana. In certain cases, they can also sue general contractors, property owners or other service providers for negligence. Unfortunately, many Spanish speaking Hispanics do not know that Indiana’s worker’s compensation laws protect them.
Our attorneys speak Spanish and many of our Goodin Abernathy LLP clients are Latino. Since many employers and their insurance companies try to avoid paying the benefits legally required for job accidents, our experienced attorneys fight for their legal rights. We evaluate settlement offers and push for reasonable awards.
We have represented injured workers throughout Indiana with injuries like: A burned foot when a cleaner stepped in hot oil; amputated fingers and hands when workers get their hands stuck in machines; broken backs where workers fall or get crushed at construction projects; brain injuries from head trauma after falling or getting hit by construction materials. Also, our attorneys successfully handled cases for workers trapped inside large machinery and furnaces, like the man killed at the tuna plant in the story selected above.
Many of our Hispanic clients are worried about their immigration status. Many of their legitimate claims go unreported because a worker does not believe the law protects them. Contact us. The Goodin Abernathy LLP attorneys explain the benefits Hispanic workers can legally recover – regardless of their immigration status. Call us today for a free Spanish consultation.
by admin | Jul 27, 2015 | Legal Matters Discussed, Traumatic Brain Injury, Will & Estate Planning, Wrongful Death
In Indiana, the legislature has set-up a document that individuals may execute to inform their family and health care providers what they desire in regard to end-of-life decisions. These are called “Living Wills” and can be a part of your will and estate planning. While it is uncomfortable for most people to think about these end-of-life issues, Living Wills allow the person to make their own decision before they are in a situation where they cannot make the decision for themselves.
Recently, Bobbi Kristina Brown, the daughter of Whitney Houston and R&B singer, Bobbi Brown, passed away after she was found unresponsive on January 31, 2015. Ms. Brown reportedly suffered “global and irreversible brain damage.” She was only 22 years-old. Tragedy can even strike young people. If Ms. Brown lived in Indiana, her Living Will could have provided guidance to her family and health care providers about her end-of-life decision surrounding her treatment and care.
Indiana also has recently adopted the Indiana Physician Orders for Scope of Treatment (POST) form. This is filled out between a treating physician, advanced practice nurse, or physician assistant and the patient. The purpose is to inform EMTs and other treatment providers what medical intervention the patient desires if an emergency arises. The POST form is used by patients and their health care providers when the patient has a medical condition that is very serious or terminal. This document provides even more guidance to health professionals.
Goodin Abernathy, LLP can assist you in the creation of your Living Will along with your entire estate portfolio. Contact us today to discuss your estate planning needs.
by admin | Jul 24, 2015 | Auto Accidents, Legal Matters Discussed, News Around Indy, Personal Injury, Truck Accidents, Wrongful Death
