Do I Have a Valid Medical Malpractice Claim?

Posted on August 2, 2022 by admin

Medical malpractice claims are among the most complex cases in the civil litigation field. As a suspected victim of medical negligence, it is important to educate yourself on your rights as a wrongly fully injured victim, and to determine the strength of your case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more.

Continue reading to learn what you want to know about medical malpractice claims and lawsuits, including how to get started on your case for free.

Medical Malpractice Lawyers Indianapolis Indiana 317-881-2700

Brief Explanation of Medical Malpractice

If a health care professional or facility is negligent and makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, but the plaintiff must also be able to present sufficient evidence that proves these elements.

Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:

➀ The presence of a doctor-patient relationship;

➁ The delivery of treatment that failed to meet the medical standard of care;

➂ A relation between the negligent medical treatment and the injury incurred by the patient;

➃ Economic damages and losses sustained as a result of the injury incurred by the patient.

Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly trained health care professional in the same medical community as the defendant would provide.

Hire a Personal Injury Attorney to Recover a Full Settlement

Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, inability to work and more.

To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An experienced Indianapolis medical malpractice lawyer can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records, and much more, are all in place to argue your case. Just be sure to choose a personal injury law firm in Indiana with a strong reputation for success.

Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

Will My Personal Injury Claim Take a Long Time?

Posted on July 25, 2022 by admin

There are various factors that influence the total timeline of a personal injury case. Some cases may take only a few weeks or months, while others might take two years or more if a person sustains substantial and on-going injuries and problems. Consult with an experienced accident attorney to understand the elements of your case and the predicted length of time it will take.

For now, continue below to learn more about how long personal injury claims take and where to get trusted legal advice surrounding your accident case concerns.

Injury Attorneys Indianapolis Indiana 317-881-2700

Complex Personal Injury Cases Take Longer to Settle

You can roughly get a feel for the amount of time it will likely take for your claim to settle by the complexity of the case. The more complex the case, the more difficult it will be to adjudicate, which delays the settlement phase even longer. This is especially true for cases that go to trial.

Certain Liable Parties Can Attempt to Delay a Personal Injury Case

Another factor that can extend the timeline of a personal injury case is the type of liable party, or parties. If the liable party, or defendant, is a company, corporation, or government entity, or if there are multiple liable parties (defendants) in a case, the process can take longer.

Proving Negligence and Extent of Damages Can Take Time

As a claimant in a personal injury case, you hold the burden of proving that the opposing party is at fault for your accident and subsequent damages. Your Indiana personal injury lawyer will document a strong and impactful case to prove that the opposing party breached their duty of care, or was otherwise negligent, and as a direct result, caused your accident and damages. In addition to proving negligence, your team will need to prove your damages to support reasonable compensation.

To gather all the relevant evidence needed to prove your case, your lawyer may need to hire expert witnesses, forensic specialists, accounting experts, and accident reconstruction services, or prepare witnesses, including yourself. These needs add to the overall time it takes to reach a settlement or verdict.

How Long Care is Needed

The longer an injured person needs to obtain treatments, the longer it will take the case to resolve. This is because it takes some time for doctors to determine if a person’s injuries are permanent or not. If an injured person’s injuries are permanent and will last a lifetime, then obviously that would need to be taken into account when attempting to determine a full and fair settlement value for the case.

Insurance Companies Might Require Legal Representation

In some cases, insurance companies require claimants to acquire legal representation for their claim. If the claimant is hospitalized or comatose for several weeks after a catastrophic accident, they are not capable of retaining a lawyer for the purpose of pursing an injury claim. This scenario would increase the expected timeline of the case.

Refusing to Accept a Settlement Offer Will Extend Negotiations

It is important to trust your personal injury lawyer with their evaluation of your case. If you refuse every settlement offer you get, you can expect the process to take longer. You can feel confident in accepting an offer that your attorney agrees is full and fair and the attorney should explain to you why they believe the offer is fair. If an offer is not fair, your attorney should also explain to you why that is their opinion.

The best way to avoid extending the timeline of an injury claim is to hire the right attorney to represent your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

Common Methods of Discovery in a Personal Injury Case

Posted on July 19, 2022 by admin

Personal injury cases require the collection of information and evidence, regardless of which side you are on. The process of obtaining and reviewing such information in a personal injury case is known as discovery. Continue below to learn which options personal injury parties might have in the discovery process, plus where to get the best advice regarding your recent accident or injury in Indiana.

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The Personal Injury Discovery Process

After a personal injury complaint and answer is filed with the court, the discovery phase can begin. The discovery process generally takes usually anywhere from 6 to 12 months, but this can vary depending on various factors, such as the current traffic of the court, the amount of investigation required, court delays, rescheduled court dates, and so forth.

During this phase, both the legal teams for both the claimant (party making the claim) and the defendant (the party being sued) will exchange all evidence with one another, including witness information. They will also go before the proceeding judge to let them know how the case is proceeding. Also in the presence of the judge, they will either decide on mediation, which is normally ordered by the judge, and they will move forward with the lawsuit by setting a trial date.

Common Options For Discovery

There are different methods used by the court system to obtain personal injury case information. The two most common methods are depositions and interrogatories and physical exams, Requests for Production, Requests for Admission, and Subpoena Duces Tecum are other methods used to investigate and research all legal claims and defenses.

Depositions

Depositions are formal, recorded interviews conducted under oath and used to learn what a person knows pertaining to the case in question, and as evidence for later use during the trial. Depositions can take anywhere from 30 minutes to 1 hour, but in larger cases it may take several hours and even a day or two to reach completion.

Interrogatories

Interrogatories are a little different but are used for much of the same purpose. Rather than a formal interview in person, interrogatories are a set of written questions that each party sends to the other. Each party must fill out the entire list in writing, under oath, and within a limited period of time (usually between 20 and 40 days depending on the state). Although they are not always phrased in the form of questions, interrogatories always pertain to specific factors surrounding the case, such as reckless driving, distracted driving, and intoxicated driving. Since it is common for both parties to have different versions of what happened in an accident, they are designed specifically to get both sides of the story so that each party can prepare their case before trial.

Physical Exams

It is very common for the defense to request that the claimant be physically examined by a licensed medical practitioner chosen by the defense to verify and confirm the extent of their injuries. Judges almost always grant these requests. Although these examiners are obviously biased since they are hand-picked and paid for by the defendant’s insurance carrier, the witness can be cross-examined at trial on any testimony and opinions.

Requests for Production

A Request for Production is a motion that asks the opposing party for specific types of evidence or information that they are in possession or control of. This might include medical records and reports that detail the extent of injuries to the claimant, invoices or documents evidencing lost wages, photos of the scene or injuries, fuel receipts, and similar documents that prove or disprove allegations or statements made by either side.

Requests for Admission

A Requests for Admission is when one party asks the other to either deny or confirm facts. It is basically asking for them to admit to certain statements for the purpose of streamlining the case process. It allows the court and jury to focus on the necessary points of the case.

Subpoena Duces Tecum

A Subpoena Duces Tecum is a special type of subpoena used in cases. They are very similar to Requests for Production in that they ask someone to disclose evidence or information pertaining to the case. But while Requests for Production are reserved for claimants and defendants, a Subpoena Duces Tecum can be applied to expert witnesses, doctors, and other case-relevant entities who are called nonparties.

Are you a Hoosier who is looking for trusted and qualified advice regarding your rights to pursuing compensation for a wrongful accident you were recently injured in? C o ntact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury e v aluation to explore your eligibility, today. We represent clients all throughout the state of Indiana.

Frequently Asked Questions About Swimming Pool Accident Claims

Posted on July 15, 2022 by admin

According to recent US Census Bureau and CDC statistics, the United States has an average of 10.4 million residential swimming pools. These stats also report that 17.12% of Americans between 18 and 29 years old owns a pool or hot tub. When you apply the math to the purported 128.58 million households in the country, a little more than 8% have a swimming pool. Furthermore, the U.S. Bureau of Labor Statistics and the CDC report that swimming is the 5^th most popular pastime here in the states, but number one among 36 percent of children between the ages of 7 and 17 years old.

These numbers set the tone for the importance of public and residential swimming pool safety. If you are considering a swimming pool addition to your property or have recently fallen victim to a negligent pool accident, it is wise to educate yourself on some helpful facts concerning pool liability.

Continue reading to review some frequently asked questions about swimming pool accident liability and related injury or wrongful death claims.

Pool Accident Lawyers Indianapolis Indiana 317-881-2700

Summertime Swimming Pool Liability

Indiana summers get hot and humid. This time of year, our public and private pools provide us with a refreshing reprieve from the strong, seasonal sun. But with this privilege comes a great deal of responsibility. Even hot tubs and spas can pose certain risks if the proper precautions are not taken. Drownings, concussions, orthopedic injuries, and chemical exposure are all common swimming pool accidents and injuries.

But when someone is injured or killed in a swimming pool accident, who is liable? The municipality? The residential property owners? The property management company? The landlord? With so many possible responsible parties, the answer to this common question can be confusing.

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

Sadly, swimming pool accidents are common in the United States. Because there are so many pools and pool accidents, there are dedicated injury laws specifically regarding pools. To make matters more complicated, these laws are different for public pools and private pools, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, for instance, pools must be at least 10 feet away from any other building or house and must remain in the side or back yard of a private residence.

Before diving into assigning fault in a swimming pool accident, you must determine which set of laws apply to your case. Talk to a licensed personal injury lawyer in Indiana to learn everything you need to know about obtaining legal justice after a swimming pool accident or injury.

The general rule of thumb, although it varies from case to case, is that the owner of the pool is responsible for compensating a victim for their injuries, but only if the owner was negligent and their negligence was a direct cause of the accident and subsequent injuries. Thus, it is vitally important for pool owners to carry home owner’s liability insurance so if they did happen to be negligent, their insurance carrier will pay for any settlement or judgment against them. Again, these cases can be complex, which is why you should always consult with an experienced Indiana accident attorney for personalized advice and guidance.

Are Swimming Pools Considered an Attractive Nuisance?

If something is so enticing to a child that it motivates them to enter onto another person’s property, it can be considered an attractive nuisance. Swimming pools and hot tubs are perfect examples. Under modern law, property owners have legal responsibility (or duty of care) to keep a safe premises in the case of trespassing children or minors. This is called the attractive nuisance ordinance and is an exception to premise liability law.

If you have heard about attractive nuisance laws regarding swimming pools, then you may wonder what they really entail. Basically, if your pool is visible to the public and has features that attract trespassers, it could be a liability. This includes easy-access, public view, water slides, and more. To protect your pool from becoming an attractive nuisance, start by installing a fence and consider a pool cover.

Can Liability Waivers Be Enforced After a Hotel or Public Pool Accident?

Fault plays the largest role in determining who is liable for a pool accident at a hotel or public civic center. The only way to know the answer to this question is to contact an experienced Indianapolis IN personal injury attorney and schedule a free consultation to discuss your case. They will investigate the details of the waiver, as well as the accident, and determine what can be done and what can’t be done.

Were you or a loved one wrongfully injured in a swimming pool accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Who is Responsible for In-Flight Injuries on a Commercial Plane?

Posted on July 12, 2022 by admin

Many people have a fear of flying, when in fact, air travel is statistically safer than traveling by car, boat, or train. According to an in-depth study done by Dr. Barnett of MIT, data revealed that passengers are 19 times safer on an aircraft than in a vehicle. In fact, additional studies on various Odds of Death, conducted by the Natural History Museum of Los Angeles County, Massachusetts Institute of Technology, and University of California at Berkeley, reveal that we are more likely to die of a bee sting than a plane crash!

No matter how slight the chances are of being killed in a plane accident, in-flight injuries will always be a possibility. But which party is responsible for injuries that occur to passengers on a commercial flight? Is the airline liable for the damages and losses suffered by the injured victim?

Continue below to learn the facts you need to know about common carrier accidents and the Federal Aviation Act.

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Common Carrier Accidents and Liability

The term “common carrier” refers to any entity that provides transportation services for the public. Examples of common carriers include commercial airlines, public buses, tour buses, cruise ships, and more. In the case of an accident, common carriers are held to a more stringent duty of care in comparison to private carriers. When common carrier accidents occur, such cases should be taken seriously and investigated thoroughly.

Common Carrier Regulation

Common carriers are governed by regulatory bodies that set standards for safety and other types of concerns. The governing regulatory body for commercial airlines is the Federal Aviation Act (FAA). In terms of safety, these standards obligate common carriers to utilize the highest degree of diligence and care for the sake of their passengers and even their cargoes. When common carriers fail to adhere to such regulations, they can be held legally responsible for any damages and losses suffered by those affected by their negligence.

Examples of some basic expectations included in an airline’s duty of care for in-flight passengers include:

-Maintaining a safe passageway to the restrooms and exits on the plane;

-Taking measures to avoid overloading the aircraft with luggage;

-Employing pilots who are familiar with all flight-related data, including controls, weather conditions, and routes.

In addition to in-flight staffs and pilots, ground personnel are held to the same standard. They are obligated to be fully qualified and trained to conduct grounds control and maintenance inspections for planes.

When Airlines are Not Accountable

There are cases in which an airline is not responsible for injuries that occur to passengers. If an accident occurs as a result of an unusual or unforeseeable defect in the aircraft, the airline might not be responsible for the accident. If an airplane accident occurs as a result of a natural occurrence or unforeseen event that does not result from human negligence or error, then an airline might not be held accountable. These events are inanely referred to as “Acts of God.”

Pursing Legal Action After an In-Flight Injury

Whether you break your ankle as you were walking to a bathroom, hit by a falling overhead carry-on bag during some turbulence, or suffered food poisoning from the in-flight meal, your injuries deserve attention, both medically and legally. You may be entitled to certain legal rights or restitution after being injured on a commercial flight. A qualified personal injury lawyer can help you determine your rights to pursue legal action against a negligent airline, employee, passenger, or third-party.

If you are looking for legal advice regarding a recent in-flight or airline accident, you are in the right place. Contact the Law Office of Craven, Hoover, and Blaze k P.C. at 317-881-2700 to schedule a free consultation with a personal injury attorn e y in Indianapolis, Indiana. We also represent injured victims all across the state, and can meet via phone, video conference, or in-office.

Information About Herniated Disc Injury Settlements

Posted on July 5, 2022 by admin

Back and spinal injuries are serious, as they tend to result in higher levels of pain and longer periods of recovery. Herniated discs are a type of spinal cord injury that can impose a series of damages and challenges in a victim’s life, and his or her family’s life. If you are a victim of a personal injury accident that caused you to suffer from a herniated disc, it is important to acquire all evidence to obtain the justice you deserve.

Continue below to learn important information about herniated disc injuries and accident settlements, plus where to get trusted personal injury legal advice near you.

Back and Spinal Cord Injury Lawyer Indiana 317-881-2700

Herniated Disc Injuries

As a spinal cord injury, herniated discs are painful and challenging to rehabilitate. Also called ruptured discs, herniated discs cause patients to experience high levels of immobility, pain, stress, and exhaustion. Sometimes such accidents are so serious, they completely disable a person.

Needless to say, herniated disc injuries cause victims to experience a lot of hardships and distress. Not only do they usually lose time at work and the ability to care for their children, family, or dependents, but they are also forced to miss out on important events in life, suffer through painful physical therapy, surgeries, injections, etc…, spend a lot of out-of-pocket money for related expenses, and much more. To make matters worse, ruptured discs tend to take a long time to heal, often several months or even years and sometimes they cannot even be operated on.

Herniated disc injuries require extensive treatment, which usually involves diagnostic testing, physical therapy, steroid injections, and medications like NSAIDS, narcotics, and muscle relaxers. In many cases, surgery is necessary to remove a part of the bone around the injured disc, known as a laminectomy, which relieves some pressure. In more serious cases, patients may need to have the entire disc removed (discectomy), an artificial disc installed, or spinal fusion surgery, which aims to stabilize the spine by fusing two or more vertebrae.

Personal Injury Damages

As a wrongfully injured victim suffering from any type of spinal cord, back, or neck injury, you will learn just how quickly all these expenses add up. Expenses include, but are not limited to:

▶ Lost Income From Missing Work
▶ Medicines and Medicinal Treatment
▶ Physical Therapy and Rehabilitation
▶ Diagnostic Testing and Evaluation
▶ Medical Equipment (Crutches, Braces, Wheelchair, etc.)

Ruptured Disc Injuries Can Show Up Later

A delayed onset of injury is very common among herniated disc patients, who often times do not experience any symptoms right away. That is because the pain can arise during periods of activity or movement, then fade during times of rest. As a result, sufferers initially tend to think they are not really injured as bad as they are. But as time goes on, the symptoms become stronger and more persistent.

Pain, tightness, stiffness, numbness, tingling, and burning sensations can and sometimes appear gradually after someone is in an accident that causes a herniation in the back or neck. These are the most common symptoms of a ruptured disc. Common accidents that cause herniated discs are auto accidents, construction accidents, and slip/fall accidents.

Would you like to learn how you can bring about a successful claim against the party that caused your herniated disc injuries? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee consultation with an experienced spinal cord injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state, and there is no need to travel. We can hold case evaluations via phone or online video conference.

The Importance of Documentation in a Personal Injury Case

Posted on June 27, 2022 by admin

Documentation makes all the difference when it comes to adjudicating legal matters. As for personal injury cases, having all the proper paperwork in order is key to enhancing the quality of your claim, and ultimately supporting a more successful outcome. Continue below to learn more about the importance of documentation in a personal injury case, including the types of paperwork and files you should keep, as well as how to ensure you are getting started on the right foot with your Indiana injury claim.

Accident Attorneys Indianapolis Indiana 317-881-2700

Why Personal Injury Evidence is So Valuable

Without the proper evidence, it is possible for a personal injury claim to get thrown out before it can even begin. Under tort law, the claimant (victim or victim’s family) holds the burden of proving that the defendant (alleged at-fault party) was negligent and that their negligence was a responsible cause of their accident and subsequent damages. In order to prove anything in life, especially negligence in a personal injury case, you need evidence to back up your assertions. And it is vital to note that quality of evidence, documentation specifically, is more impactful than quantity of evidence.

Types of Evidence Supported in a Personal Injury Claim

There are several types of documented pieces of evidence that can be used to support a claimant’s personal injury case. The most common personal injury documents and paperwork include police reports, medical records, pay stubs, hospital records, witness statements, expert testimonies, accident reconstruction reports, depositions, interrogatories, and even photos and videos of the scene of the accident or injuries. Other forms of personal injury evidence may include receipts for property repairs and medical expenses.

Hire a Personal Injury Lawyer

Not only is it critical to have the right type of evidence in a personal injury claim, but it is equally critical to submit it all within the required deadlines and formats, and to the proper authorities, which may be judges, courts, lawyers, clerks’ offices, or other legal departments.

For this reason and more, it is necessary to hire an Indianapolis personal injury lawyer to navigate your case and document a strong and impactful argument on your behalf. They can ensure that all pieces of evidence, including all documentation and paperwork, are sorted, organized, investigated, and submitted as evidence in accordance with court procedures and rules.

Are you looking for personal injury lawyer to represent you in a current accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana and Indiana residents injured or killed in other states.

To Sue or Not to Sue for a Personal Injury?

Posted on June 23, 2022 by admin

To sue or not to sue? Well, that is certainly an important question after sustaining serious injuries in an accident that was someone else’s fault. When wrongly injured by another party, it is natural to assume you will be fairly compensated for your injuries and subsequent damages. And although most personal injury lawsuits settle before ever reaching trial, this is not always the case. Sometimes, it takes a lawsuit to get the financial justice you deserve. But do you know if you need to sue?

Continue reading to learn how to determine if your personal injury accident is grounds for a lawsuit or if your case is a good candidate for settling out of court.

Accident Lawyer Indianapolis Indiana 317-881-2700

Considerations For Personal Injury Lawsuits

Whether a person, business, manufacturer, insurance company, or even a branch of government, an at-fault party should be held liable for your resulting personal injury damages and losses, including but not limited to lost wages, medical expenses, hospital bills, prolonged rehabilitation, pain, suffering, and more. But before your jump straight into a personal injury lawsuit, there are several considerations that need your attention first. You see, there may be no question that a person who’s been wrongly and negligently injured is a victim but being a victim doesn’t always mean there are valid grounds for a lawsuit, or that a lawsuit would be the best route to take.

Certain dynamics of a case largely determine whether a person can or should sue another for their injuries. For example, the seriousness of an injury must be examined and assessed, the opposing party’s actual level of fault or negligence, and the limits of the at-fault person’s insurance. All these factors and more are considerations that will reveal whether a lawsuit is an advisable action or not.

Can the At-Fault Party Pay?

Aside from all of the relevant factors to consider, one of the most important and deal-breaking is whether or not an at-fault party is capable of providing remuneration. Sometimes, an at-fault party does not have the means to pay for another’s damages because they are not insured; so even if they are sued and lose, a victim might not be able to be awarded any funds if there are none to give in the first place. This is especially true if the at-fault party doesn’t have liability insurance either. This is why every person should purchase uninsured and underinsured insurance coverage to protect themselves and other persons in their vehicle.

In this case, a victim will only waste their own time and money pursuing a lawsuit that can’t render recompense. The same goes for anyone intentionally or maliciously injured. A liability insurance policy will not cover intentional tort or wrongdoings, so if someone wants to recover compensation for an intentional injury, they must pursue it in court; but if the individual does not have the means to even pay for a victim’s damages, a lawsuit will also be unsuccessful in some situations in providing actual recompense.

If you are struggling with the decision to move forward with filing an injury claim for compensation, your best option is to consult with a seasoned personal injury lawyer in Indianapolis for personalized advice regarding your case. They will know if your case is valid, and whether you should pursue legal action against the at-fault party and they can look to determine any and all potential applicable insurance policies.

Are you asking yourself, “Where can I find the best accident lawyers near me?” Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We do not get paid until we obtain a settlement or verdict for you, which means we strive to recover a settlement or verdict as quickly as possible for our clients, but always with the understanding that the settlement must be the full-and-fair based on all the evidence for the case. We represent injured persons throughout the state of Indiana.

Do Remote Employees Qualify for Workers’ Compensation if Injured at Home?

Posted on June 14, 2022 by admin

The pandemic certainly changed the dynamic of the workforce. Many offices and professional businesses have leaned into the work-from-home strategy, finding that remote workers are happier, and therefore, produce higher quality work. Plus, incorporating remote staffing into a compatible business model can deliver a wide range of benefits in terms of overhead expenses and bottom lines.

Nonetheless, being that the telecommuting office strategy allows employees to work from home, the potential for blurred lines and boundaries are ever present. One such area of concern or confusion involves workplace injury liability.

Do remote workers qualify for workers’ compensation benefits if they are injured at home? Continue below to explore this topic further.

Workers' Comp Attorney Indianapolis Indiana 317-881-2700 — Workers’ Comp Attorney Indianapolis Indiana 317-881-2700

Workers Compensation for Work-From-Home Employees

Employees who work from home get to enjoy all sorts of concomitant perks, like not sharing a bathroom with a dozen other coworkers or spending more time with the family pet. But do these workers also get workers’ compensation perks if they are injured at home? The answer really depends on the circumstance and timing of the accident that caused the injury.

Scope of Employment

At-home workers are generally entitled to all the same benefits and protections as on-site workers. This also applies to workers’ compensation benefits. Whether an employee works from home or not, in order to be covered under workers’ compensation, they must have been injured while performing work-related duties. This is referred to as “scope of employment.”

For instance, if an employee leaves their house in the middle of the workday to go grocery shopping, and during which is injured, they are not covered under their company’s workers’ comp policy because they were not performing a work-related duty.

Oppositely, if the employee leaves the house to perform a work-related duty, like show a property to some potential buyers or make a delivery, then they should be eligible for workers’ comp benefits after sustaining an injury during the process.

So, if a remote worker is injured inside their house while performing work-related duties, they may qualify for workers’ compensation benefits so long as the work-related duty falls within their scope of employment. Common examples of work-from-home accidents include car accidents, slip and falls, back and neck injuries caused by poor posture, repetitive stress injuries (i.e. carpal tunnel syndrome), and possibly mental stress.

Who Might Be Ineligible for Workers’ Comp?

There are many cases in which an injured-at-home employee is disqualified from workers’ compensation coverage, such as causing the injury themselves or maintaining a hazardous at-home workplace environment. In fact, OSHA does not have any regulations that require business owners to inspect or sign off on their staff’s work-from-home offices. Additionally, if a remote worker is injured at home as a result of a hazardous at-home workplace, the business owner would likely not be liable.

It is important to note that certain vocations are not covered by workers’ compensation benefits, such as domestic workers (i.e. nannies, babysitters, housekeepers), agricultural workers, and independent contractors.

Were you recently injured on the job? Talk to a licensed and experienced personal injury lawyer to learn all about your rights to collecting a full workers’ compensation settlement. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

Am I Liable if My Guests Drink and Drive?

Posted on June 9, 2022 by admin

Social host liability is a real thing, and you should be fully informed of this legal responsibility before serving alcohol at your next soirée. Of course, not all states have social host liability laws, such as New York and California, but most do. So, do your part by learning what it takes to be a safe and responsible social host.

Drunk Driving Accident Lawyers Indianapolis Indiana 317-881-2700

Key Facts Surrounding Social Host Liability

If you are planning to serve alcohol to guests at your next event or party, be sure you know where you stand in terms of legally liability. The law will hold you [and therefore your home owner’s insurance company] responsible for the actions and inactions of your intoxicated guests, including drinking and driving. In fact, DUI cases are among the most common scenarios in which social host liability comes into play. If you knowingly serve alcohol to an already-inebriated guest or over-serve alcohol to a formally-sober guest, and then they drive home, you can be held legally responsible for any damages and losses they cause while operating their vehicle under the influence of alcohol.

Whether they drunkenly decided to joyride across a private golf course, fall asleep at the wheel and hit a pedestrian, or cause a serious auto accident that results in bodily harm to another, responsibility for these incidents could link back to you if the driver got drunk at your party on your alcohol. In serious cases, a social host could face criminal charges on top of a civil lawsuit.

Serving Minors

Social hosts also have a legal duty of care to ensure alcohol does not get in the hands of anyone who is under the legal drinking age. If you are caught serving alcohol to a minor, and that minor, under the influence of alcohol, drives and gets into an accident, you could be held civilly and criminally responsible. This also applies in some cases of unknowingly supplying alcohol to minors. In the case that your teenager and some friends steal the liquor from the cabinet, and then an accident takes place as a result of their intoxication, the law might hold the homeowners and legal guardians liable.

Dram Shop Laws

Restaurants must uphold this same duty of care. Dram Shop laws impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol, but only if the driver was already intoxicated at the time of the sell.

Were you or a loved one seriously injured in an accident caused by a drunk driver? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced drunk driving accident lawyer in Indianapolis, Indiana. We represent all drunk driving cases throughout the state of Indiana, including car accidents, truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.