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 legal office of Craven Blazek Law 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.

Airline Accident Lawyers Indianapolis Indiana 317-881-2700

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.

How to Obtain Justice After a Loved One Suffers a Wrongful Brain Injury

Posted on July 8, 2022 by admin

Brain injuries are serious on all levels. Whether a minor concussion or a catastrophic TBI, a victim of a brain injury can experience severe ramifications, including a lengthy and arduous recovery and rehabilitation process, and potentially even lifelong disabilities or challenges. Brain injury victims are also known to endure mental and emotional difficulties during and after recovery, which can persist throughout their lives. These consequences can be life-changing, and even last a lifetime.

Needless to say, if your loved one was wrongly injured in an accident that caused them to suffer a brain injury, they deserve absolute justice, and so does your family. The best way to obtain justice after a loved one suffers a wrongful brain injury is to bring about a civil lawsuit against the at-fault party for the pursuit of financial compensation, if the insurance company for the at-fault person or company will not fully and fairly settle the claim.

Continue reading to learn more about Indiana brain injury claims, including how to get started on yours. With the help of a trusted and skilled personal injury law firm in Indianapolis.

TBI Accident Lawyers Indianapolis Indiana 317-881-2700

Traumatic Brain Injuries (TBI’s)

A traumatic brain injury (TBI) is a very serious and sometimes catastrophic injury. Although it is usually obvious when a person has suffered injury to the head, it is common for victims to not know or feel like they have a brain injury because such symptoms can appear days or weeks later and the injured person may not even notice the symptoms because their brain is not functioning normally and it is not until their loved ones tell them what they see going on before the symptoms can get addressed. One such phenomenon is brashly known as the “Talk-and-Die” syndrome, which happens when a person seems normal after an accident involving head trauma, even speaking and carrying on with their daily routines, but then dies a few days later from internal bleeding in the brain.

Common signs of brain trauma include unconsciousness, vomiting, dizziness, slurred speech, extreme fatigue, migraines/headaches, mental confusion, extreme mood changes, dilated pupils, bruising and difficulty walking. If you or a loved one ever experiences any type of concerning impact to the head or neck, it is important to seek immediate medical attention to ensure that the skull and brain were not damaged.

How to File a Brain Injury Claim in Indiana

If your loved one loses their mental capacity to manage their own legal and personal affairs due to their traumatic brain injury, you may petition for guardianship. Upon being granted guardianship by the court, you may pursue a brain injury claim against the at-fault party who caused your loved one’s catastrophic accident. If the brain injury is not that severe, the injured person may bring the claim themselves.

Here in Indiana, the law permits immediate family members to bring about a brain injury claim on behalf of their injured loved one. Immediate family members are considered to be lawful spouses, children, and dependents. If your loved one has passed away due to their traumatic brain injury, you may bring about a wrongful death claim on their behalf.

In order to file a brain injury claim in Indiana, it is critical that you retain professional legal counsel from a seasoned personal injury law firm that concentrates on head and brain injury cases. With the help of an experienced brain injury lawyer, you may recover compensation for past, current, and future damages, such as hospital bills, medical expenses, loss of Social Security benefits, lost wages, loss of source of income, pain-and-suffering, mental anguish, loss of consorti u m, loss of companionship, reduced quality of life, and much more.

If you are ready to file a brain injury claim on behalf of your loved one, act fast. Under law, you only have 2 years from the date of the accident to do so and even less time if the at fault party is a governmental agency. Contact the legal office of Craven Blazek Law at 317-881-2700 to speak with an experienced brain injury attorney in Indianapolis, Indiana. We offer free initial case evaluations, over the phone, via video, or in person at our office. The sooner you call, the sooner we can start obtaining evidence critical to your case.

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.

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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 legal office of Craven Blazek Law 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.

Do I Still Have Options if the Insurance Adjuster Denies My Injury Claim?

Posted on June 30, 2022 by admin

If an adjuster denies your personal injury claim, you still have legal recourse. An experienced Indiana personal injury lawyer will fight the insurance company and ultimately recover the settlement or verdict you deserve. Continue reading to learn what to do if an insurance adjuster denies your injury claim, plus who to trust in Indianapolis for seasoned personal injury representation.

Indiana Accident Claim Lawyers 317-881-2700

Coverage for Personal Injury Damages and Losses

When a person is wrongly injured, the at-fault party’s insurance company is held liable for the victim’s subsequent economic d a mages and losses, and sometimes, non-economic damages like prolonged physical therapy, pain-and-suffering, loss of companionship, and more if the at-fault party had liability coverage. Examples of common economic damages include hospital bills, medical expenses, lost wages from missing work, future compensatory losses, and much more.

Personal injury damages and losses generally depend on the severity of the accident and resulting injuries, as well as local jurisdiction. On the other hand, there are times when the faulted party’s insurance company denies liability after a victim submits their claim, stating that the law says the victim is responsible for the accident, and ultimately, any damages that may have been incurred as a result.

What Does an Insurance Adjuster Do?

In these cases, it is important to know more about adjusters and what their job entails to better understand what they tell injured victims. Furthermore, it is important to know that there are still viable options for personal injury victims whose claims are denied by the opposing party’s insurance adjuster.

An adjuster is usually not a lawyer or legal professional; they are regular insurance company employees. This means that they may have a broad idea on the law regarding their particular job role and the cases they oversee, but they do not have detailed knowledge of the law or the facts. They cannot possibly know whether you are liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced Indianapolis IN personal injury lawyer to navigate your claim and fight for fair compensation on your behalf.

Although insurance companies do not want you to hire or even speak with an attorney, they have their own in-house attorneys to assist their adjusters from day one, defending an injured party’s claim from the at-fault party’s perspective. Overall, insurance companies want to pay out the lowest settlement possible for every claim as they are in the business of making money, and the tactics they use are designed to pay out as little or nothing if possible. Insurance carriers have attorneys from day one and so should you.

What To Do if Your Claim is Denied

You should hire an attorney from day one following your collision and prior to talking with anyone else about the collision. Talk to a personal injury attorney in Indianapolis to learn your rights from day one. You should not try to be your own attorney.

Are you looking for qualified and trustworthy personal injury guidance in Indiana? Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free personal injury case evaluation. Our seasoned accident attorneys can meet with you over the phone or computer, or in-person at our Indianapolis law office. We represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

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 legal office of Craven Blazek Law 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 legal office of Craven Blazek Law 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.

Should I Hire a Truck Accident Lawyer in Indiana?

Posted on June 20, 2022 by admin

Negligent trucking companies and commercial truck drivers can be held liable for damages in a motor vehicle accident. But without professional representation, bringing about a claim against them can pose several uphill challenges. If you were recently injured in an accident that was caused by a trucker, you need the guidance of a skilled and seasoned law firm.

Continue reading to learn what an Indiana truck accident lawyer can do for you, plus how to get started on your claim.

Large Truck Accident Lawyer Indianapolis Indiana 317-881-2700

Commercial Trucking Accidents and Damages

Commercial and large-fleet truckers can cause a serious amount of damage with their rigs. Other cars, even SUVs and conventional 4×4 trucks, don’t stand a chance against the massive-sized semis, 18-wheelers, boom trucks, recycling trucks, cement trucks, dump trucks, box trucks, roll off trucks, and wide-load trailer trucks on the road. Not only do these common large commercial trucks weigh around 25 times more than the average vehicle, but they can also carry dangerous freights, like highly combustible materials or industrial waste. Combined with high speeds, the results are known to be devastating, and many times, fatal.

Because of these factors, the amount of damage that results in negligent trucking accidents can tend to be more severe than standard auto collisions. So, when an innocent victim is injured or killed in a negligent trucking accident, they deserve justice. A personal injury lawyer who concentrates on Indiana truck accidents can be the essential resource in obtaining the maximum settlement or verdict for your case.

Should you hire a truck accident lawyer? Yes, and here’s why:

They Know State and Federal Trucking Laws

A personal injury truck accident lawyer has a comprehensive understanding of the specific state and federal trucking laws and regulations, including those surrounding commercial drivers’ licenses (CDLs), drivers’ training and testing, drug and alcohol screening, maximum truck weights, maximum load weights, and truck maintenance guidelines.

They Will Determine Which Party or Parties are to Blame

A personal injury lawyer in Indianapolis will determine which party is to blame for your trucking accident. In commercial truck accident cases, it is possible, and often typical, to have more than one defendant. An attorney will examine and organize every detail of your case, and ultimately prove which party or parties are at-fault for your accident.

They Will Optimize the Discovery Process for You

The discovery process is the stage of a legal case in which both parties exchange all relevant case information in full disclosure, including documents, statements, admissions, and facts. Your Indiana truck accident attorney will have the skills to use the discovery process to your full benefit. Not only will they take advantage of discovery phase-specific tools like depositions, interrogatories, and requests for admission, they will use these tools to get the facts needed to win your case.

They Will Navigate All Settlement Negotiations

Most personal injury cases are settled before ever going to trial. Your Indianapolis truck accident lawyer can handle the settlement negotiations on your behalf and obtain the maximum settlement you deserve, all while avoiding a lengthy trial. They will let you know when to accept a settlement offer and when an offer is too low.

If you or a loved one was recently injured/killed in a car accident caused by a large truck or semi, learn your rights to pursing compensation through a personal injury or wrongful death claim. Contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free case evaluation with an experienced truck accident lawyers in Indianapolis, Indiana. We represent clients throughout the state of Indiana, and can meet over phone, video, or in-person at our Indy-based office and even at your home or the hospital if necessary. It is vital to obtain an attorney right away because the evidence needs to be obtained immediately.

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 legal office of Craven Blazek Law 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 legal office of Craven Blazek Law 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.