Do I Notify OSHA if Injured at Work Due to a Safety Violation?

Posted on September 24, 2021 by admin

Regardless of industry, all workers are protected under Federal Law, which requires employers to provide a safe workplace environment that is free of any foreseeable health and safety hazards. The Occupational Safety and Health Administration (OSHA) is an organization responsible for enforcing such health and safety regulations in workplace environments here in the United States. Employers, employees, and manufacturers alike are obligated to follow OSHA guidelines for the purpose of supporting safety and wellness in the workplace and prevent serious injuries and fatalities.

If injured at work, it is important to follow certain protocol to protect your rights to being compensated for your damages and loses. The question of contacting OSHA in the case that your injury or accident resulted from an OSHA violation is a common one among the workforce; and the answer depends on how you choose to navigate your workers’ compensation claim.

Continue reading to learn what you need to know about reporting a workplace injury, including when it might be necessary to contact OSHA to file a complaint against your employer.

OSHA Workplace Accident Lawyer Indiana 317-881-2700

Workplace Accidents and OSHA Violations

Whether injured or not at work, you have the right to speak your mind about any concerns you have regarding the health and safety of your workplace environment. When it comes to contacting OSHA to report a violation or file a complaint, the only time that would be necessary to do this is if no one has been injured or harmed yet. In such case, you would be filing a complaint for the purpose of abating any potential health or safety implications.

The guidelines direct all employees to contact the Occupational Safety and Health Administration (OSHA) within 8 hours of a workplace accident that results in a fatality. For workplace accidents that require inpatient hospitalization, a loss of an eye, or a form of amputation, employers must notify OSHA within 24 hours. You can contact OSHA to file a complaint, here.

What To Do If You Are Injured at Work

It is common for employers to display Occupational Safety and Health Administration (OSHA) regulation posters throughout the workplace to notify employees of their OSHA obligations and workplace safety rights. These posters will have information regarding workplace safety, OSHA requirements, and instructions for notifying superiors about workplace safety concerns.

If you are injured at work in an accident, the first thing you need to do is contact your supervisor for help. If your supervisor or manager is not available, proceed with emergency medical assistance or contact 911. Once you have received proper medical treatment and have been stabilized by a medical professional, advise your employer and contact in Indianapolis IN workplace injury lawyer to learn your rights to recovering a settlement for your damages and losses.

You Have Rights as an Injured Worker

You never have to fear any sort of vocational retaliation if you decide to file a workers’ compensation claim to recover a settlement for your damages and losses resulting from a workplace accident, nor do you have to worry about being penalized by your place of employment for reporting a health or safety violation to the Occupational Safety and Health Administration (OSHA). An employer is not legally allowed to fire, demote, transfer, or take revenge against an employee who files a report or claim. Furthermore, all filings are confidential.

Have you been injured at work recently and now you would like to learn your rights to pursuing legal action against your place of employment or third-party? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your worker’s compensation claim in Indianapolis, Indiana.

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Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Why Should Employees Injured in Work-Related Car Accidents Hire a Lawyer?

Posted on August 10, 2021 by admin

In last week’s blog, we discussed some of the most frequently asked questions about work-related car accidents, including various facts about workers’ compensation benefits, third-party claims, and hiring a car accident lawyer to represent injured people in such cases. In today’s blog, continue reading to learn how a skilled and experienced personal injury lawyer can protect wrongfully injured car accident victims by recovering the full and fair compensation they deserve for their damages and losses.

Company Car Accident Lawyers Indianapolis 317-881-2700

Work-Related Car Accident Injuries and Claims

There are several reasons why an injured employee who is hurt and work-related car accident should hire personal injury lawyer. Here are some scenarios to demonstrate the importance of retaining proper legal representation after being injured in a car accident while performing work-related duties:

Employers or their insurance carriers may try to establish that an employee’s car accident wasn’t work-related and attempt to reject their workers’ compensation claim. If this were to happen, an employee would need a skilled litigator to fight for their rights to compensation by proving their case.

In the case that an employee’s workers’ compensation claim is approved, the employer’s insurance company may try to reduce the benefits of the claim or change the benefits in a way that negatively impacts the employee. For instance, the employer’s insurance company can have the worker compensation doctor the insurance carrier chose issue an opinion that an employee has reached maximum medical improvement and require them to return to work before they are actually capable; or the doctor chosen by the worker compensation carrier may issue a lower permanent partial impairment rating than should be issued. It is very important to understand that in most work-related automobile collisions, it is the worker compensation carrier and not the patient who chooses who the treating doctor is.

Numerous work-related car accidents involve third parties who may also be held accountable for any damages and losses suffered by an injured employee. Third-party claims are not handled by an employee’s insurance company or employer. An employee would be responsible for hiring their own lawyer to pursue any third party claims and they absolutely should.

An experienced personal injury lawyer is an injured victim’s best chance at obtaining the most successful outcome possible in a car accident claim. Indiana civil litigators are well-versed in tort law and may be able to find other types of settlements to pursue outside of workers’ compensation.

Hiring a personal injury lawyer after being injured in a work-related car accident makes the entire legal process easier for victims. Lawyers will handle and navigate every element of your case so that you can focus solely on getting better.

Hire a Workers’ Compensation/Third-Party Liability Lawyer FAST

It is very common for injured workers to lose out on their possible benefits a because they do not hire an Indianapolis IN workers’ compensation lawyer fast enough. In order to have a successful recovery, employees who are injured in a work-related car accident must get their investigation started early; before evidence is lost that supports their claim. Not only can witnesses forget details and paperwork and get lost in the shuffle, but all states have a set period in which a wrongfully injured victim can pursue legal action against an at-fault party known as the statute of limitations.

Are you ready to speak with an expert workers’ compensation and third party liability lawyer who can begin investigating your claim right away? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a skilled Indiana workplace injury lawyer as soon as possible. We represent injured victims throughout the state of Indiana and Indiana residents injured in other states.

You Might Also Read:

Statute of Limitations for Common Personal Injury Claims
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Standard Workers’ Compensation Benefits You Can Expect

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

FAQS About Work Related Car Accidents

Posted on August 6, 2021 by admin

In today’s workforce, many employees are required to drive as a part of their job-related duties. When an employee is involved in a car accident, whether in their personal car or in a company car, so long as they were performing work-related duties, workers’ compensation usually pays for all of their medical expenses and the majority of their lost wages from missing work. But after being in a car accident, injured victims suffer more damages than just medical expenses and lost wages. In such cases, they may be eligible to pursue in accident claim against third parties responsible for any damages resulting from their car accident injuries.

There’s a lot to know about work-related car accidents, workers’ compensation benefits, and third-party claims, but fortunately you don’t have to bother with any of this. As soon as you are capable, speak with a licensed Indianapolis personal injury lawyer to learn the best course of action for your car or trucking accident claim in Indiana.

In the meantime, continue reading to review some frequently asked questions about work-related car and trucking accidents to get a better understanding of what type of legal process you may experience ahead of you.

Indianapolis Indiana Car Accident Lawyer 317-881-2700

What is Considered a Work-Related Car Accident?

A work-related car accident is when an employee who is performing work duties is involved in a car or trucking wreck or collision. The accident does not have to be with another vehicle; it can be just the employee. The most common types of work-related car accidents happen to those whose primary role is driving, such as delivery drivers, commercial truck drivers, bus drivers, and similar commuting-based vocations.

What are Some Other Types of Work-Related Car Accidents That May Be Covered Under Workers’ Compensation?

In addition to those whose primary role within the company is to drive, there are other types of work-related car accidents that can take place. Car accidents happen in an employer’s parking lot may be covered under workers compensation, as well as employees who are driving from one company location or job site to another for the purpose of a job shift change. Also, workers compensation may cover car accidents that occur to employees who are driving to or from a mandatory company meeting or event, such as a training program or conference.

What are Some Examples of Car Accidents That Would Not Be Considered Work-Related, and Therefore Not Covered by Workers’ Compensation?

Not all car accidents are considered work-related even though they may appear to be. In such a case, employees would not be eligible for workers’ compensation benefits. For instance, if an employee is involved in a car accident on their way to work or on their way home from work, their accident would not be considered work-related. Although every case is fact sensitive so it should be investigated.

Another example would be if an employee was in a car accident after a company social event, like a holiday party or charity fundraiser. Since the event is not mandatory, and employees are not compensated for their attendance, a car accident that takes place before or after the event might not be considered work-related.

What Should I Do if I Am injured in a Work-Related Car Accident?

As soon as you are involved in a car accident, whether it is work-related or not, your priority should be medical treatment. Contact the police and the paramedics to ensure that you and anyone else involved in the accident are seen by EMTs. Next, you want to start documenting the scene of the accident. So, be sure that you have the police there to file a police report, get a copy of the police report, and continue to document any other pieces of evidence via video or photos.

Take pictures and videos of the cars involved in the car accident, the nearby intersection, the streetlights, the surrounding environmental terrain, and anything else that could be used as evidence to support your car accident claim. It is helpful to also ask onlookers or witnesses for their contact information in the case that they can provide witness testimony later.

✨ Stay tuned for next week’s blog in which we’ll discuss why injured employees need to hire a personal injury lawyer after being involved in a work-related car accident.

Are you looking for a skilled personal injury attorney who can help you with your car accident or workers compensation claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

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What To Do If You are Injured at Work
Difference Between Third Party Lawsuits and Worker’s Compensation Claims
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How to Bring a Third Party Claim After a Workplace Injury in Indianapolis

Posted on April 15, 2021 by admin

After being injured in the job, employees are generally eligible for workers’ compensation benefits, which are basic and only cover the injured party’s damages in a limited fashion. But what if an employee’s accident was another party’s fault other than their employer or company? This is common in the case of car accidents, such as a negligent driver causing a serious collision with a truck driver who is on the clock and operating the company vehicle. Additionally, what about the other types of losses suffered by injured workers that are just as significant and impactful, like mental anguish, pain, and suffering? Worker’s compensation benefits do not usually pay out for such damages.

Fortunately, injured workers harmed by another’s negligence other than their employer or a co-employee can pursue a third party claim to obtain the full and fair amount of compensation they deserve for ALL their damages and losses. If you were recently injured at work you can bring a workers’ compensation claim to recover benefits for your medical expenses, bills, some of your lost wages and if you have been permanently injured, you can also receive limited amounts for the permanency. If you are injured while working through the fault of a third party who is not your employer or a co-employee, you can make a claim for all your damages.

Continue reading to learn more about third party personal injury claims and how to get started on yours.

Indianapolis IN Personal Injury Law Firm 317-881-2700

Third Party Claims for Injured Workers

Third party claims are important for workers who are injured on the job by another party separate from their company or employer. In such situations, not only should an injured worker accept workers’ compensation benefits after an accident on the clock, but they should also seek additional compensation from the separate party who caused their accident and ensuing damages.

In order for your third party claim to be successful, you will need a skilled and experienced personal injury law firm representing your case. As the claimant, you hold the burden of proving your case, including the defendant’s duty of care, their negligence, your resulting injuries, and overall damages and losses.

Who to Trust for Third Party Workplace Injury Claim Help in Indianapolis

The Law Office of Craven, Hoover, and Blazek P.C. is your source for trusted personal injury workers’ compensation representation in Indianapolis, Indiana. Our seasoned accident lawyers have represented numerous workers’ compensation, workplace accident cases and third party cases resulting from injuries to persons that occurred while the person was working, including Spanish speaking workplace accidents. We have the proper skills, legal resources, finances, and more to obtain fair and full relief for workplace accident victims.

This assures our clients that they have entrusted the right law firm for their work-related injury lawsuit. Our history shows that we work hard to fight for and protect our client’s rights, while recovering all funds and benefits they are rightfully entitled to. We offer free initial consultations and charge no fees unless we win compensation for you.

Are you ready to get your claim in motion or learn more about your rights? Contact us today at 317-881-2700 to schedule a free initial consultation with a licensed workplace accident lawyer in Indianapolis, Indiana. We serve clients state-wide, and never collect attorney fees unless we prevail for you.

You Should Also Read:

Difference Between Third Party Lawsuits and Worker’s Compensation Claims
FAQS About Having to Go Back to Work After a Workplace Injury
How to Try to Prevent a Heavy Lifting Injury at Work

How to Prevent Winter Slip and Fall Accidents

Posted on February 23, 2021 by admin

There is no denying that Indiana took on a significant amount of snowfall these past two weeks. Right now, businesses, apartment complexes and offices all across the state are coping with and mitigating the inevitable trails of snow, slush, sleet, and ice brought in by foot traffic. So, right now, it is important to ensure that visitors and tenants are reasonably protected against these inclement environments, both indoors and out. Under Indiana’s premise liability laws, businesses and employers have a legal duty of care to do so.

If you are a property owner, continue reading to learn some helpful tips for avoiding winter weather-related slip, trip, and fall accidents, as well as what to do if you are injured on the property of another.

Indiana Slip and Fall Personal Injury Attorneys 317-881-2700

Winter Safety for Property Owners

It is important to be prepared, first and foremost. Watch the weather reports and keep up with changing conditions. This will allow the property owner or property manager time to plan and arrange the proper maintenance procedures. Keep in mind that freezing ice that melts and then refreezing is dangerous as well and salting should take place quite often.

We all know that snow and ice lead to wet floors. So, it is wise to be prepared with warning signs, dry mops, fans and most importantly constant inspections to look out for dangerous conditions so the dangerous condition may be fixed before people are injured.

If your employees upon inspection see icy or slippery conditions at work, advise them to be sure to immediately notify a supervisor before any accidents can take place and they should remain with the dangerous condition to warn patrons of the store and the employee who found the dangerous condition should send some other employee to advise a supervisor so that the warning signs, dry mops, fans are brought to the where the dangerous condition exists.

Slip and Fall Prevention for Employers and Places of Business

Employers are encouraged to pass around memos, send emails, give out pamphlets, and hang posters to promote optimal workplace safety inspections at all times. Staff training and safety seminars are another effective tool to further protect staff and customers from slip and fall accidents. A proper inspection schedule and inspections training are vital to keeping the premises safe for all who enter the premises.

It is important for businesses to stay on top of wet surfaces and floors, and post Wet Floor signs in areas that have just been mopped and cleaned. Exterior snow and ice removal is another factor that must be reasonably addressed by business owners to ensure their staffs and guests are protected, especially against melting snow and related hazards. Ice-melting salts should be applied after proper snow shoveling and inspections should be performed and documented as being performed. Moreover, a business and apartment complexes should designate a representative to watch weather reporting services so the property can be made safe for customers before the customers begin arriving and before tenants have to walk on the sidewalks to get to their cars to go to work.

Were You Seriously Injured at Work in a Slip and Fall Accident in Indiana?

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated in a slip and fall accident. Our Indiana injury attorneys do everything possible to obtain the full and fair compensation that is rightfully owed to our clients. We retain the proper skills, legal resources, finances, and more to obtain fair and full relief for accident victims. Contact us today at 317-881-2700 to schedule a free case evaluation over the phone, via video conference, or in-person at our Indianapolis law office. We represent clients throughout the State of Indiana.

Can I Recover Compensation for Lost Wages After My Personal Injury Accident?

Posted on February 19, 2021 by admin

A wrongfully injured personal injury victim experiences several losses after an accident, but a significant types of damages they suffer is the loss of paychecks from missing time at work. Often times, wrongfully injured victims face financial challenges since they are not bringing in the same, steady income they were before. For those who are primary care-takers of their families, this is an added burden. Fortunately, wrongfully-injured victims can prove their lost wages in a personal injury lawsuit, and thus, be awarded compensation for the paychecks they would have received, and possibly future lost wages as well.

Continue reading to learn how an experienced personal injury lawyer can prove your lost wages and recover the full and fair compensation you deserve after being injured in an accident that was not your fault.

Indiana Personal Injury Attorneys 317-881-2700 — Indiana Lost Wages Attorneys 317-881-2700

Claiming Payments for Lost Work Wages After an Accident

Missed payments and similar earnings are considered lost wages. They apply even if an injured victim goes back to work, but in a limited scope, and at a lower pay. Lost wages can include base pay, bonuses, commissions, tips, company perks, overtime, PTO, sick days, and even vacation days. Whether you have had to take full time off work after your personal injury accident, are only able to work part-time or temporarily, or you can never go back to work ever again, you should be a good candidate for receiving a settlement or verdict in your favor if the accident that caused your injuries was not your fault.

You must, however, be sure to hire an experienced Indiana personal injury law firm to represent your claim. Only they can navigate your case in the right direction, and in the best interest of your and your claim’s outcome. Essentially, they have the knowledge and skills to prove wage-related losses in an accident lawsuit, or well-before your claim even goes to trial.

Proving Lost Wages

In order to prove that you have in fact lost out on work paychecks as a result of your accident and subsequent injuries, your lawyer will substantiate a case filled with concrete irrefutable evidence and documentation. They will prove that your accident was caused by a negligent party, and that the accident was caused genuine, precise, and compensable losses. Lost income is one of these types of specific and calculable losses.

Additionally, your lawyer will provide other types of evidence to support this claim, including a detailed description of your job and work hours, past paycheck stubs, recent tax return documents and W-2’s, a letter from your boss confirming your lost wages, medical records, doctors’ letters, and even expert testimonies if necessary. As a personal injury victim, you might also recover compensation for future lost wages and similar earnings, including loss of retirement benefits and loss of pension.

How to Get Your Personal Injury Claim Started in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about your rights to being compensated for your lost wages after a serious personal injury accident in Indianapolis, Indiana. Our seasoned accident attorneys have extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

How to Try to Prevent a Heavy Lifting Injury at Work

Posted on December 4, 2020 by admin

When it comes to your job, there is always something you’ll need to pick up and move around. But some jobs require particularly heavy lifting, or repetitive lifting, which can result in injuries. Those who work in childcare, manufacturing, warehouses, nursing and construction are examples of some careers that see a lot of lifting. It is important to try to condition yourself for such duties, otherwise you can potentially suffer a serious injury caused by lifting heavy things and by repetitive lifting.

Continue reading to learn some tips on how to prevent a heavy lifting accident at work, whether you are subjected to such duties regularly or not.

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

Trying to Prevent Serious Lifting Injuries

There are several ways you can be proactive when it comes to preventing any type of lifting injury, regardless of weight or size. There are stretching exercises to help strengthen core muscles, which can help prevent injuries of all kinds, such as Pilates and Yoga. There are also certain techniques that help reduce lower back strain when lifting something heavy, such as keeping your spine straight while lifting with the knees and not the back.

There is also a wide selection of braces and muscle support gear available at local department stores. No matter what type of job duties required of an employee, it is recommended to not lift more than 50 pounds of weight manually, unless aided by another person or lifting equipment. Examples of common lifting equipment include forklifts, ramps, wheelbarrows, pallet jackets, hand trucks, and lift gates.

Heavy Lifting at Work

In vocations where heavy lifting is a regular duty, employers have a duty of care to properly train all staff in safe lifting practices, as well as provide the proper lifting equipment and materials for safety purposes. The most common types of lifting injuries are muscle strains and soft-tissue tears, all of which can occur on a wide scope of severity. However, several other types of lifting injuries take place on a daily basis all around the country, including herniated discs, back injuries, spine injuries, neck injuries, shoulder injuries, hernias, pinched nerves, knee injuries, fractures, and carpal tunnel syndrome.

Although your employer is required under law to prepare you in all the proper methods and techniques of lifting in your job, this does not always happen, or at least, adequately. In such cases, you will want to learn your rights to be compensated for your resulting damages, such as medical bills and lost wages from taking time off work. Start by talking to a licensed Indiana personal injury lawyer about making a workers’ compensation claim. In Indiana, if you are injured at work while performing work related activities, you are entitled to worker compensation benefits regardless of whether or not your employer did anything wrong in causing the injury.

Indiana Workers’ Compensation Attorneys You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated at your place of employment, or while performing work-related duties. Our seasoned personal injury lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more.

FAQS About Having to Go Back to Work After a Workplace Injury

Posted on September 4, 2020 by admin

Suffering a serious injury on the job is stressful enough. So, the process of transitioning back into the workplace should be a smooth and comfortable one. Unfortunately, many injured workers have difficulty returning to work, especially those who are forced to come back, or those who have been away for a long period of time. As an injured worker receiving workers’ compensation benefits, you too may be mandated to return to work. Hopefully, your employer has a respectful and reasonable return to work policy in place for such situations, or at least willing to improvise one as they go. Either way, it is important to get your facts straight to ensure your rights and your benefits are protected.

Continue reading to review some frequently asked questions about having to return to work after being injured in an on-the-job accident.

Medical Improvement

During the workers’ compensation process, you are routinely seeing your doctor to monitor and record your recovery. At some point in time, your doctor will sign off on your work abilities, confirming that you have reached maximum medical improvement. This might happen sooner than you anticipate, leaving you full of doubts, along with an obligation to comply or risk losing your workers’ compensation benefits.

Here are some of the most common questions injured workers ask about returning to work after suffering a workplace injury:

▶ How Long Will I Be Off Work After a Workplace Injury?

Some injured workers are okayed to return, but under certain restrictions, while others are ordered to wait to return to work until they make further progress. In this latter case, workers are generally not signed off to work again until they have reached maximum medical improvement (MMI), which means they have recovered as much as they are going to with medical care. Others are medically approved to return to work before they reach this point. When this happens, they are usually transitioned back into the workplace under certain limitations, such as a modified schedule or lighter duties.

▶ Am I Forced to Return to Work After Being Okayed by a Doctor?

If you are signed off by the doctor to go back to work, you must go back to work, otherwise, you could lose your workers’ compensation benefits. Once you receive your return to work date, be sure to notify your employer as soon as you receive this notice. Also ensure that you carefully examine the documents to learn the exact parameters of your return. Both your workers’ compensation representative and your employer should have copies of your doctor’s orders, especially if it includes any restrictions. You do have a right to have an independent medical examination performed if you disagree with the return to work decision made by the doctor chosen by the worker compensation carrier.

▶ How Does a Doctor Decide if I Am Okay to Return to Work?

As mentioned, every routine visit to your doctor serves as a record in time, monitoring the progress of your recovery, and gauging your capacity to return to your normal work duties. As this process unfolds, your doctor will decide when you can go back to work, and at what scope. Your doctor will do this by performing an evaluation, and then using the data to assign a workers’ compensation disability rating if you have an on-going disability. You have a right to request for an Independent Medical Exam (IME) to gain a second opinion on your ability to come back to work.

▶ How Do I Learn More About My Workers’ Compensation Rights in Indiana?

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced Indianapolis personal injury attorney who concentrates on Indiana workplace injury claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped to recover the full and fair amount of compensation you deserve after being seriously injured at work. Recover for damages and losses, including medical expenses, hospital bills, lost wages, and more. We represent injured workers all throughout the State of Indiana, so get started with a free consultation, today.

How Do I Sue a Store for My Injuries?

Posted on December 18, 2019 by admin

After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

Indianapolis Slip and Fall Lawyers 317-881-2700

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more. Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. 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.

Common Examples of Negligent Supervision of Employees

Posted on October 1, 2019 by admin

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

Negligent Supervision Lawyer 317-881-2700

Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.