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wandering about in indiana...

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  • wandering about in indiana...

    hello, I work for a company in Fort wayne, In. A gentleman was injured on the job about 1 month ago has been in the hospital since. he is now disabled and cannot move his arm. He was unjamming a machine and it went into automatic and came back and crushed him literally crushed him! He suffered many injuries from this including but not limited too crushed shoulder, punctured lung that has also collapsed, and burns all over that have to be grafted now. His family was promised he would be taken care of by the hr manager of the plant while the h.r. manager was at the hospital with him he told them this. Now a month into it he has not recieved a cent of compensation. He was told that since the accident was his fault "he was negligent" that they are not going to pay anything including his medical bills. Is this legal?

  • #2
    Whether it is or not is a matter of WC laws in your state. Most exempt the employer from liability if the employee in question was negligent or acting in an unsafe and unapproved manner. I wasn't there so I don't know whether this gentleman did anything to contribute to the accident or if he was just in the wrong place at the wrong time. If he contests the finding by the WC carrier, he can appeal through the state WC Commission. You as an employer are not liable for what happened as WC is an exclusive remedy.

    As a company I would do my own investigation into what happened and share it with your carrier. If this piece of equipment did malfunction, I would let your carrier and legal counsel know as there may be a 3rd party claim against the the manufacturer. In that case often times the carrier will subrugate the claim.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      he was negligent he should have locked out the machine

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      • #4
        That shouldn't be a bar to receiving benefits, but talk to your carrier.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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