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Indiana Work Injury Fatality Blamed on Employer

Steve Wagner

Recently, the Mine Safety and Health Administration (MSHA) implicated Frontier-Kemper Constructors in the accident and subsequent death of its employee James Palmer, an Illinois resident. The incident occurred near Owensville, Indiana, when a concrete hose surged, knocking Palmer to the ground. The accident resulted in Palmer sustaining a left ankle fracture and he died 9 days later from a blood clot that formed as a result of the fracture. The MSHA’s report stated that the method used for pouring concrete did not ensure minimum risk, and they concluded that the lack of effective procedures to prevent the hose from surging contributed to the accident.

Incidents like the above are unfortunately a fairly common occurrence. In 2011, there were 4,609 work-related fatalities in the U.S. On an average, that amounts 13 fatalities every day. In the same year Indiana experienced 122 deaths due to work injuries. In addition to the fatalities, more than 4 million workers suffer serious work injuries or illnesses every year. The U.S. national Occupational Injury and Illness Rate is 4.2 per 100 employees. Indiana, unfortunately, has a rate higher than the national rate. In fact, the lowest yearly recorded rate in Indiana is 4.8 per 100.

Work-related injuries are typically preventable; only about 4% of accidents are due to technical problems or faulty equipment. The rest occur due to inadequate training, repetitive stress, overexertion, employer negligence, unsafe environment, and improper safety equipment. These injuries range from superficial abrasions to more serious injuries like burns and brain damage. These injuries can also cause emotional trauma and financial hardship due to recovery time and inability to work.

Indiana’s Workers Compensation rules were crafted specifically keeping the injured employee in mind. In the case of a fatality, the worker’s dependents are entitled to 2/3 of the worker’s weekly wage for 500 weeks. They are also entitled to get reimbursement for medical bills incurred and $7,500 for burial expenses. Life after a work-related injury or death can be difficult. If you or one of your loved ones has been involved in a work injury or work-related death, you deserve to be fully and fairly compensated for your loss and suffering. Contact one of our Indiana work injury lawyers now. We will be happy to give you a free evaluation of your work injury claim and help you get the compensation you deserve!


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