How to Collect Full and Fair Compensation for a Shoulder Injury Caused By Someone Else

Posted on August 11, 2020 by admin

Your shoulders are arguably one of the most important body parts when it comes to having full mobility. When you suffer a serious shoulder injury due to someone else’s negligence, you are entitled under the law to be compensated for your damages and losses. Trust the Law Office of Craven, Hoover, and Blazek P.C. to represent you in your personal injury shoulder claim, and obtain the full and fair recompense you are rightfully entitled to.

Continue below to learn more about should injury claims in Indiana, and what our esteemed and accomplished Indianapolis personal injury lawyers can do to get your life back.

Indiana Shoulder Injury Lawyers — Shoulder Injury Lawyers Indianapolis, Indiana 317-881-2700

The Scope of Shoulder Injury Severity

Shoulder injuries can range from minor, such as a slight pull or strain, to moderate, such as tears, rips, and dislocations, and all the way to severe, such as deformation, permanent loss of use, permanent disability, and injuries requiring major or multiple surgeries. Because the scope of shoulder injuries is so wide, it is important to see a medical professional as soon as you are experiencing any discomfort after an accident. There is a medical phenomenon known as “onset of injury” which basically means that a victim might feel unhurt directly after an accident, and then days, weeks and even months later, begin to suffer symptoms as a result of an injury. See our blog, “Do Not Assume That You are Not Hurt After an Accident” to learn more about this.

Each attorney at the Law Office of Craven, Hoover, and Blazek P.C. has more than 20 plus years of experience representing clients that have suffered shoulder injuries, such as:

Indiana Should Injury Claim Experts

Here at the Law Office of Craven, Hoover, and Blazek P.C., you can trust that our experienced accident attorneys have the skill, motivation, and professional resources to win your shoulder injury lawsuit. We have represented a large number of shoulder injury cases in Indiana over the past several decades. Not only are we well-versed in personal injury law, we retain a vast knowledge of shoulder injury acumen in terms of liability and scope of recovery. Our personal injury lawyers know exactly what it will take financially to get your life back to the way it was after sustaining a serious shoulder injury.

Set Up a Free Consultation With a Seasoned Shoulder Injury Lawyer

When it comes to learning more about your rights to compensation after being negligently injured in an accident that caused you serious shoulder injury, you don’t have to worry about cost. Our Indianapolis personal injury law firm does not charge for initial consultations, so you can freely discuss the potential of your claim with a seasoned attorney, without any out-of-pocket obligation. Furthermore, we work in contingency, which means that if we take on your case, you do not owe us lawyer fees unless we recover a settlement or judgment for you. No upfront costs for consultations or representation is just one way for us to ensure you stay on a healthy road to recovery while we navigate your case.

Contact Us Today at 317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule your free shoulder injury consultation with our seasoned Indianapolis personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek. We represent injured persons throughout the State of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

How to Make a Claim as a Recent Construction Accident Victim in Indiana

Posted on August 7, 2020 by admin

Here in Indiana, construction accidents are not only one of the most common workplace injury accidents that occur on the clock, they are often times the most severe. That is because construction work typically involves heavy materials, powerful machinery, large motorized equipment, and working at heights. Construction injuries are not to be taken lightly, especially since many can result in an onset of injury, rather than an instantaneous one. For all of these reasons and more, construction accident victims tend to suffer exponentially in terms of their damages and losses.

If you are a recent construction accident victim, or your spouse, it is vital to hire a seasoned Indiana workers’ compensation lawyer for your construction accident injury claim. Continue reading to learn what you need to know about construction accident claims and lawsuits, including how to get started on yours.

Indiana Construction Site Accident Lawyers 317-881-2700

Construction Accident Claims

Although construction contractors and proprietors have a legal duty of care to maintain safe and hazard-free construction sites, accidents still happen every day in this line of work. As mentioned, construction complexes are more dangerous than standard workplace environments because they house various tools, products, heavy machinery, and equipment. As a result, there are infinite types of risk involved with construction work, and even more ways a worker can get hurt.

Here in Indiana, the most common types of construction site injuries and accidents include:

➾ OSHA Violations
➾ Scaffolding Accidents
➾ Explosion Injuries
➾ Crane Injury Accidents
➾ Falls
➾ Ladder Accidents
➾ Roofing Accidents
➾ Chemical Leaks
➾ Welding Injuries
➾ Severe Burns
➾ Blunt Force Traumas
➾ Machine Malfunctions
➾ Faulty Equipment
➾ Electrical Injuries
➾ Forklift Injury Accidents
➾ Trenching Accidents
➾ Nail Gun Injuries
➾ Wrongful Death
➾ And More

Construction Site Accident Lawyers Can Help Your Case

It is important to protect your rights if you were injured on a construction site, whether as a worker, pedestrian, driver, or visitor. Hiring a team of skilled personal injury attorneys who well-versed and familiar with the intricacies regarding workplace accident law, Occupational Safety and Health Administration (OSHA) guidelines, Indiana construction laws, safety laws, contractor liabilities, owner liabilities, agent liabilities, and similar areas of expertise, is your best chance at recovering the full and fair compensation you deserve.

Who to Trust With Your Indianapolis Construction Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with our team of highly-accredited and experienced personal injury attorneys about your recent construction accident in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are fully-prepared to help you recover the full and fair compensation you deserve after being injured at a construction site. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Get in touch with a friendly legal assistant about scheduling a free consultation with a construction accident lawyer, today. We represent clients throughout the State of Indiana.

How to Make Your Own Bicycle Safety Kit

Posted on July 27, 2020 by admin

With all the recent events of the year, people are spending more time outdoors. One of the most popular and budget-wise outdoor activities for people of all ages is bike riding. Although one of the oldest pastimes in America, bike riding has taken on many modern and innovative features today, which can pose new safety threats and risks. You see, bike riders are especially vulnerable on the roads, and often times, become victims of serious accidents and injuries. From conventional bipedal models and tandem seaters, to electric bicycles, motorbikes, scooters, and more, regardless of the type you and your family rides, be sure you know how to stay safe as much as you can. A great way to ensure you are practicing bike safety is to carry a bicycle safety kit.

Continue reading to learn how to make your very own bicycle safety kit, and what to do if you are seriously injured in a bicycle accident.

Indiana Bicycle Accident Lawyers 317-881-2700

What to Put in a Bicycle Safety Kit

Bicycle safety kits come in many forms, and can be customized to meet your exact needs. Such kits may be available in a local cyclist store or sports shop, but it is cost-effective and fun to curate your own! You can assemble your own by choosing the general safety items and then adding in any additional items you think you might need. Not sure where to get started? Here are some recommended supplies and gear to include in a general bicycle safety kit for adults and children:

🚲 Helmet – Wearing a helmet is biking safety 101, regardless of your age. It is the first piece of safety gear to consider, and in many states, it is the law to wear one. Be sure to choose a quality helmet that is the proper size and fit.

🚲 Reflectors – Having reflectors is not only important for nighttime biking, it is also a good idea to have reflectors on hazy, foggy, or cloudy days. Reflectors can be worn as sashes and vests, or they can be attached to your bike on the front and back. They can be solar-powered or battery-powered, and they come in all different shapes, sizes, watts, and fits.

🚲 Tools – There are various tools you can add to your kit to ensure safer, easier biking in the case of an incident. The collection of bicycle tools you choose to add to your kit will largely depend on your level of biking ability, and the type of biking you’ll be doing. Standard tools include a tire puncture repair kit, tire pump, and a pocket-sized tool kit, while more advanced tools may include a spoke wrench, screwdriver, and chain tools.

🚲 Water – Biking exerts energy and burns calories, so it is important to stay hydrated. Always carry a bottle or thermos of water with you when you ride.

🚲 First Aid Kit – Perhaps one of the most important components of a bicycle safety kit is a first aid kit. Such kits come prepackaged and can be purchased at your local pharmacy or department store. You can also make your own first aid kit, and include items such as bandages, alcohol wipes, antiseptic spray, antibiotic ointment, gauze, elastic bandage, adjustable arm sling, cotton balls, and eye drops.

If Involved in a Serious Bicycle Accident

If you or a loved one is seriously injured in a bike riding accident, your first priorities are to seek immediate medical attention and to make a police report. Keep in mind that an onset of injuries could occur later. If your bike accident happened due to another person’s negligence, your next step after medical treatment is to hire a licensed personal injury lawyer. We will seek to recover full and fair compensation for your damages and losses on your behalf. Just be sure to act fast before the statutes of limitations runs out and evidence can be lost if not accumulated quickly.

How to Get Started on Your Indianapolis Bicycle Accident Claim

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an Indianapolis personal injury lawyer who can help you gain control of your life and who will take some of the stress off of you after suffering a serious bicycle injury or loss. We offer free initial consultations and never collect fees attorney fees unless we recover for you. We represent injured persons throughout the State of Indiana.

The Benefit of Settling a Personal Injury Claim Out of Court

Posted on July 24, 2020 by admin

It is a fact that the vast majority of personal injury cases settle outside of the courtroom. Continue reading to learn the various benefits of settling out of court, and what you can do to ensure you recover the full and fair compensation you deserve for your damages and losses.

Indiana Personal Injury Litigators 317-881-2700

Out-of-Court Personal Injury Settlements

For most personal injury claims, litigation is resolved well before the case can go to trial, let alone turn into a lawsuit. There are many good reasons why. The top advantage of settling a personal injury claim outside of court is the time and money saved. Although many accident law firms work on contingency, meaning they do not collect lawyer fees unless they recover a settlement for their client, a long, on-going case can add up in other types of pre-litigation expenses, such as filing fees, legal research fees, expert witness and testimony fees, and more. See our blogs, “What are Contingency Fees?” and “The Costs of a Personal Injury Lawsuit” to learn more about associated costs and fees in a personal injury case.

As for defendants in a personal injury case, there is no contingency-fee basis. In a personal injury case, nearly every defendant has insurance which will pay for any judgment against them. Their insurance carriers hire a lawyer who gets paid by the hour. And on top of lawyer fees, defendants’ insurance companies are also obligated to pay court costs, filing fees, and more. Defendant’s insurance companies also pay expert witnesses if need be. By avoiding court, a defendant’s insurance company can benefit greatly in terms of overall out-of-pocket costs.

Additional Benefits of Settling Outside of Court:

☑ It Eases Stress

Trial can be stressful for a person and their loved ones. The plaintiff can be subjected to invasive examination and cross-examinations, and even have their character called into question on a public platform. Being prepared by your attorney for this is vital to lowering that stress.

☑ It Allows for More Control

Although today’s legal system is set up in a way that takes most surprises out of the trial process, they can still pose a long list of potential unexpected occurrences that influence the final outcome of a settlement. For instance, key evidence may be excluded from trial by the judge, new testimony can come out on the witness stand, key witnesses may sound unreliable or more reliable, and more.

Aside from all these potential unpredictable possibilities, the amount of compensation recovered is up to the jury. This means a plaintiff can be awarded much more or much less than expected. Out of court, the plaintiff party and the defendant’s insurance company have control over the negotiation of recompense. It is the defendant’s insurance company that decides if an offer will be made and not the actual negligent party themselves.

☑ It Avoids Timely Appeals

The appeals process in a personal injury lawsuit can take several months, or even years. In fact, once a lawsuit it filed, it will not likely see trial for at least 12 months. This puts a massive delay on a victim’s full and fair compensation, causing them to continue paying out of pocket for all of their losses and damages, such as medical expenses and hospital bills if they do not have health insurance coverage, lost wages from time off work, and more. Even the most basic and obvious personal injury cases can get stuck in this deferred legal timeline because a defendant’s insurance carrier refuses to make a fair offer on the case of an injured plaintiff.

☑ It Protects a Victim’s Privacy

If a personal injury case is settled out of court, everything except actual court filings are kept entirely private between the two parties. However, cases that go to trial in a court room are open to the public, recorded in public records and occur in front of six jurors in Indiana. It is possible for a judge to order a case to be sealed, but it does not happen often.

Indianapolis Personal Injury Lawyers That Will Fight For Your Rights

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need an experienced personal injury lawyer in Indianapolis, Indiana. Our seasoned personal injury lawyers are ready and able to recover the full and fair amount of compensation you deserve after being seriously injured by another’s negligence. Recover for damages and losses, including medical expenses, hospital bills, pain, suffering, lost wages, and more should occur if the damages were caused by another person’s negligence. We represent injured persons throughout the State of Indiana. Get started with a free consultation, today.

Where to Get the Right Personal Injury Claim Advice Near You

Posted on July 17, 2020 by admin

People, businesses, and similar entities can be held legally accountable if their negligence causes injury to another person. In almost all cases though, those negligent persons and businesses have insurance which will pay for any judgment against them. A negligent party’s insurance carrier will pay for any defense legal fees and any settlement with the injured party as well.

In addition to physical injuries and death, personal injury victims often suffer a wide range of economic and non-economic consequences, such as pain and suffering, mental trauma, lost wages, disabilities, disfigurement, and more. So, if you (or a loved one) was seriously hurt in a recent accident, it is important to document and the facts and obtain advice about making a personal injury claim to collect compensation for your damages and losses.

Continue reading to learn where you can get the right personal injury legal advice near you.

Indiana Personal Injury Attorneys 317-881-2700

Types of Personal Injury Accidents

Here in the United States, the most common types of personal injury cases are car and motorcycle accidents, dog bites, slip and falls, workplace accidents, head injuries, assault, product liability, medical malpractice, and child injuries. Of course, there are several other personal injury scenarios commonly seen in the field, such as boat accidents, brain injuries, nursing home neglect, sexual harassment, construction site accidents, pedestrian injuries, knee injuries, and much more.

Tips for Directly After an Accident

After an accident, the first and most important task in order to protect yourself is to receive immediate medical care. Depending on the severity or obviousness of injury, you can get treatment by a first responder or EMT at the scene of the accident, ride in an ambulance to the hospital, or visit your primary care physician that day or the very next. Your second priority is to contact the police at the accident scene and make a police report. Once those two steps are completed, it is time to contact a reputable personal injury lawyer or law firm. The at-fault party’s insurance adjuster will already be working on the case.

Clearing Up Your Personal Injury Claim Questions

When it comes to a personal injury accident, victims, as well as their immediate families, generally have a lot of unanswered questions.

“Where do I go from here?”
“What is the next step in making a claim?”
“How am I going to pay all of my hospital and medical bills when I’m out of work?”
“How long will my recovery take?”
“Do I need to hire a lawyer?”

To get the right answers to all of these kinds of legal questions and more, your wisest course of action is to contact a licensed personal injury law firm near you. Choose a firm that staffs a seasoned team of accident attorneys with experience in your particular type of injury or accident. For instance, if you were injured at work, select a personal injury lawyer who is well-versed in workers’ compensation cases. Similarly, if your spouse was killed by a drunk driver, choose an attorney who has experience with motor vehicle accident claims.

Most law firms offer free initial consultations so that injured victims don’t have to waste money to simple discuss and assess their accident case. If a legal team believes a person has a valid claim on their hands, they will represent them without any upfront legal fees. They only collect attorney fees if they win a client’s case and recover compensation for their damages. From this compensation is how the lawyers will be paid.

A Leading Personal Injury Law Firm in Indianapolis, Indiana

Call the trusted Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, Indiana about your recent accident. We represent injured persons throughout the State of Indiana and we are ready to help you recover the compensation you deserve after being injured in a serious accident that was not your fault. We offer free initial consultations to assess your case and determine if you have a valid claim. Best of all, we never collect lawyer fees unless we recover compensation for you!

Will I Be Compensated for PTO and Sick Days in My Personal Injury Claim?

Posted on July 10, 2020 by admin

After being injured in an accident that wasn’t your fault, you may be forced to miss work as your recover. In fact, you may be forced to use your Personal Time Off (PTO) or accrued sick days to maintain your employment while also maintain a stream of income during your recovery. Is this fair, though? Many personal injury victims want to know if they can include their lost wages, as well as their PTO, as part of their claim.

Continue reading to learn the answer, as well as, some important information about collecting general damages in a personal injury lawsuit.

Whether you are taking days of from work for rest, doctor’s appointments, or medical treatments and therapies, the law says you can include PTO and sick days into your personal injury claim. In fact, victims are likely to be compensated for such losses, including lost wages and income, PTO, sick days. To understand just how victims might be eligible for receiving compensation for their lost wages and personal time off, it helps to understand economic damages. You see, in a personal injury claim, the losses suffered by the claimant are referred to as “damages”, which can be either economic or non-economic.

Economic Damages

Economic damages, also known as special damages, are financial losses that can be calculated. Losses that can be defined by an actual dollar amount and redeemed through financial compensation include hospital bills (i.e. hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e. physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses death (i.e. insurance, veterans benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

In contrast, non-economic damages are more difficult to assign a dollar amount to because they are not tangible monetary losses. Examples of non-economic losses include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to a loved one, paralysis of a loved one that changes or limits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

PTO Compensation

Since Personal Time Off is an exact number, it can be calculated, and therefore, categorized as an economic damage. This means that personal injury victims can include PTO, as well as all other types of lost wages, as part of their accident claim. If you had to use your personal time off to recover from a personal injury, you were forced to take a loss that you didn’t intend on taking, making you eligible for such compensation. Your only duty is to ensure that you can prove it through valid documentation, including doctor’s orders, statements from your employer, medical appointments, and more.

Talk to a Trusted Indiana Personal Injury Attorney for Advice Regarding Your Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Do I Need Medical Payments Coverage for My Passengers?

Posted on July 7, 2020 by admin

Medical Payments Coverage: Also called Med Pay

Med Pay is a colloquial term for “Medical Payments Provision”, which is a separate provision in an insurance policy available to vehicle owners. It is a provision that covers the medical payments of the driver and all the passengers inside your vehicle if they are injured in a car accident, regardless of who is at-fault. Keep in mind that Med Pay is NOT health insurance. It only covers medical payments incurred as a result of car accidents. The difference is that Med Pay covers your and your passenger’s medical bills as well.

It is highly recommended to purchase medical payments coverage, which helps protect you and your passengers in your vehicle. Continue below to learn more about Med Pay, including additional recommendations regarding personal injuries.

Indiana Car and Truck Accident Lawyers 317-881-2700

Med Pay can be purchased when you obtain coverage for your automobile and can usually range from $1,000 to $100,000. But it is important to know that Med Pay is based per vehicle. So, if you have two vehicles, you will need to purchase med pay coverage for each vehicle so you are covered while driving each vehicle. It is also important to understand that this does not include any other economic or non-economic losses, such as pain and suffering, lost wages, loss of limb, permanent disfigurement, prolonged physical therapy, and more. If you wish to have these covered as well, you’ll need to look into Personal Injury Protection, or more commonly known as “PIP” (depending on the State you live in if available).

Personal Injury Protection (PIP)

If you are concerned about coverage for additional losses and damages, like the ones mentioned above, then you would need to consider a different type of coverage instead of a medical payments plan. One option is Personal Injury Protection, or PIP. This coverage is more comprehensive compared to Med Pay. Not only does it cover injuries and losses incurred as a result of a car accident, it goes above and beyond, covering more specific economic or non-economic losses. For instance, PIP will help with hospital bills, medical expenses, loss wages, mortgage payments, and more. It is more expensive than Med Pay, but not by much. And you do not need to have both PIP and Med Pay insurance.

The Esteemed Indiana Car Accident Attorneys Who Can Recover the Compensation You Deserve

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed car accident injury attorney in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in a car accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured persons throughout the State of Indiana. Contact us to get started in your financial recovery, today.

What to Do After Being Injured By a Garbage Truck in Your Neighborhood

Posted on July 3, 2020 by admin

Although garbage trucks are an essential asset, especially for heavily-populated and crowded areas like residential neighborhoods, they can also pose several dangers. Being struck by a garage truck can cause severe injuries, and even death. Any type of large service truck can be dangerous to pedestrians and drivers alike, but garbage trucks are slightly more hazardous given their massive size and weight.

Since they are designed to hold large amounts of garbage, they are even heavier than the average service truck. As a result of the enormous size and power of a garbage truck, anyone injured by one, whether on foot or in a car, will likely suffer serious harm. For this reason, the law provides financial relief for garbage truck accident victims.

Continue reading to learn what you should do after you or a loved one is injured by a garbage truck in your neighborhood.

Garbage Truck Accident Lawyers 317-881-2700

Garbage Truck Accidents

As you can imagine, garbage truck accidents happen for the same reasons any kind of car accident situation happens. Generally, distracted driving tops the list of most common causes, while additional causes include intoxicated driving, blind spots, negligent truck maintenance, unqualified industry drivers, inclement weather, and more. Furthermore, because garbage trucks stop and go on their routes, it makes it more difficult to predict their next move. This puts pedestrians especially at risk.

Common Garbage Truck Blind Spots:

☑ Directly in Front
☑ Directly Behind
☑ Rear Driver’s Side Window
☑ Right Side of the Cabin

Your Next Steps Following a Garbage Truck Accident

As soon as you are injured in a garbage truck accident, your first priority is to contact local authorities for medical attention and to file a police report. If you, or someone else with you, can photograph and document the scene of the accident, this would be your next priority. In addition to documenting the scene of the accident, be sure to collect all relative information. See our blog, “What Kind of Evidence Should I Collect After a Car Accident?” to learn what you need to ask for.

Once you are medically stable and have collected evidence, including witness statements and contact information, the garbage truck driver’s information, and more, you are ready to move forward with additional medical evaluations. See your doctor as soon as possible to receive treatment and undergo a full assessment of your injuries.

After you have seen the doctor, be sure to follow all instructions and keep all documents as evidence for your case. You should hire a licensed personal injury lawyer to represent your garbage truck accident claim as soon as you have obtained needed medical care. If the driver is proven negligent, you are entitled to compensation for your hospital bills, medical expenses, lost wages, pain, suffering, and more.

Licensed Garbage Truck Accident Lawyers in Indianapolis, Indiana

Call Craven Hoover & Blazek at our office today at 317-881-2700 and schedule a free initial consultation to discuss your garbage truck accident claim in Indianapolis, Indiana. Our seasoned truck accident lawyers are ready to listen to your case and determine the best strategy for pursing a claim after being seriously injured in a garbage truck accident. At your free initial consultation, you can have your case heard and evaluated without any payment obligations. In fact, you will not owe any attorney fees at all unless we recover for you. Contact us to get started in your financial recovery, today. We represent injured clients throughout the State of Indiana.

When is an Injured Employee Ineligible for Workers’ Compensation Benefits?

Posted on June 30, 2020 by admin

Getting injured on the job is a serious situation. This is why companies are obligated to provide employees with specific reimbursements to cover all workplace injuries. This legal duty of care falls under workers’ compensation law, which entitles most injured employees to certain benefits. Although not as common, there are some cases in which an employee is disqualified from receiving workers’ compensation benefits.

Continue reading to learn more about workers’ compensation claims and benefits, including when an employee might be ineligible for such coverage.

Indiana Workers' Compensation Lawyers 317-881-2700 — Indiana Workers’ Compensation Lawyers 317-881-2700

Occupational Health and Safety Administration (OSHA)

To understand workman compensation benefits, you need to know about OSHA regulations. The Occupational Health and Safety Administration (OSHA) is a governmental agency in charge of enforcing health and safety regulations in workplaces within the United States of America. Their primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers, and more, are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

Common Benefits Granted Under Workers’ Compensation Laws

When an injured employee makes a workers’ compensation claim, they are filing to receive compensation for their damages and losses incurred as a result of their workplace accident. Such damages and losses include hospital bills, medical expenses, lost wages from missing work, and similar out-of-pocket costs. Injured employees might also be compensated for permanent partial or total disability and for any permanent injuries.

Economic damages are for tangible financial losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Non-economic damages are not direct and tangible monetary losses, like medical bills. They are damages awarded for emotional or mental losses and hardships. See our blog, “What Benefits Am I Owed For My Workplace Injury Claim in Indiana?” for details about specific benefits that can be recovered through a workers’ comp lawsuit.

Workers’ Compensation Exclusion

There are also situations that would cause an injured employee to be excluded from worker’s compensation benefits. If an employee is injured at work under as a result of their own intentional conduct, an insurance company will likely deny their workers’ compensation claim. Cases that could render an injured employee ineligible for workers’ comp benefits include the following:

They were injured while committing a crime.
Their injuries were self-inflicted.
They were injured while under the influence of drugs or alcohol.
Their injuries occurred while partaking in a specifically restricted activity.

Where to Get Help With Your Workplace Injury Claim Questions

Always consult a licensed and experienced personal injury lawyer who handles workplace accidents for help understanding your rights to being compensated. Don’t let an insurance company tell you no when you need coverage for your resulting damages and losses. A skilled accident lawyer can help you recover the full and fair payout you deserve after being seriously injured on the clock.

Legal Advice For Workplace Injury Insurance Settlements in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your Indiana workplace injury claim with a licensed personal injury attorney you can trust. We retain extensive experience with workers’ compensation claims, and represent clients throughout the State of Indiana. Not only does our law firm offer free initial consultations, we never collect lawyer fees unless we obtain a settlement for you.

What is the “Last Clear Chance” Rule in a Personal Injury Lawsuit?

Posted on June 23, 2020 by admin

A legal rule known as the “Last Clear Chance” doctrine is normally applied in personal injury cases that involve negligence on both sides. When both the plaintiff and defendant share some degree of fault for an accident, this legal rule may be applied as an exception to the rule of contributory negligence. But it depends on the state and whether or not the case involves contributory negligence or comparative fault.

Continue reading to learn more about the “Last Clear Chance” legal concept, including how it relates to personal injury lawsuits.

The “Last Clear Chance” Legal Rule

The “Last Clear Chance” legal rule was originally established by judges as an exception to strict contributory negligence laws. In a personal injury case, this legal doctrine allows a plaintiff who was found to be partially at-fault for an accident to still recover damages so long as certain criteria are met. For instance, if a plaintiff were at-fault in an accident, they can still recover damages if the other party (the defendant) could have avoided the accident had they exercised reasonable care and forethought, in a contributory negligence type case.

For the Last Clear Chance” legal rule to be applied, the plaintiff holds the burden of proving:

-They were in immediate or real danger, and unable to disengage from that danger.
-The defendant was aware of the danger.
-The defendant had a practical opportunity to avoid or stop the accident.

Contributory Negligence Law

To better understand how the “Last Clear Chance” doctrine works, it is helpful to learn more about contributory negligence. Now sometimes known as “comparative fault”, contributory negligence was a basic legal concept that was very unfriendly to plaintiffs. It basically decreed that if a plaintiff were found negligent, even in the smallest degree, and their negligence was a cause of the accident, they could not recover any damages from any other at-fault parties.

Most states have done away with the strict, contributory negligence rule, and replaced it with a more forgiving and reasonable, “comparative fault” rule. The comparative fault legal concept is intended to reduce the amount of damages in accordance with the amount of fault the victim contributed to an accident. For example, take a look at Indiana’s comparative fault rule:

Indiana Comparative Fault Rule – IC 34-51-2-6

Indiana Code 34-51-2-6 states that, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault “proximately” contributed to the claimant’s damages.” This means that if a victim is no more than 50% responsible for the accident and subsequent injuries, they can sue their opponent for compensation to cover medical expenses, hospital bills, lost wages, and more.

On the other hand, if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. However, they may be able to collect from their own insurance company. Some states use strict contributory negligence laws, while others use comparative fault. Among the states that use contributory negligence laws, there are many that apply the “Last Clear Chance” law. See our blog, “What is Comparative Fault Analysis in a Personal Injury Case?” to learn more.

Where to Get Trusted Legal Advice Regarding Your Indianapolis Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are ready to pursue your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today. We represent injured persons throughout the State of Indiana.