Can a chimpanzee attack be a worker's compensation case? The attorney representing the owner of a chimpanzee who mauled a woman in February says that the mauled woman was actually an employee of the chimpanzee owner. Charla Nash was mauled in February by Travis, a chimpanzee owned by Sandra Harold. Nash's family has filed a $50 million lawsuit against Harold claiming negligence and the inability to control a "wild animal with violent propensities."

Harold is the owner of a towing company called "Desire Me Motors." The business is run out of her home, the site of the attack. Harold claims that Nash was an employee of this company. As an employee, Nash will only be entitled to payment of medical bills by Harold's insurance company, as well as a portion of her wages while she is unable to work. If Harold can prove that Nash was an employee, Harold will be protected from a civil suit that would entitle Nash to pain and suffering experienced as a result of the attack. This case is an excellent example of how worker's compensation cases shield employers from liability.
Posted: 10/19/2009 2:48:45 PM by Judy Winn Pippin | with 0 comments


The driver of a tan GMC pick-up truck that was seen leaving the scene of an accident on Monday afternoon has turned himself in to police. Robert Volkert, Hicksville, Ohio, faces preliminary charges of failure to stop after an accident resulting in death. Andrew Landes was struck and killed instantly while painting aerial markings on Indiana 1 in DeKalb County. Landes was an employee of Butler, Fairman & Seufert Civil Engineers, an Indianapolis-based firm.

Under Indiana law, the estate of Mr. Landes will have a claim for wrongful death against Mr. Volkert for his negligence. Because Mr. Landes was in the course and scope of his employment at the time of the accident, his survivors can also pursue a worker's compensation claim for death benefits as well. Finally, even though Mr. Landes was not operating a vehicle at the time of the accident, there may be additional insurance coverage under his company's commercial auto policy or his own auto policy. Injury and death claims occurring in the course and scope of employment require a law firm well versed in Indiana worker's compensation law, personal injury law, and insurance coverage issues. The injury attorneys at Wagner Reese routinely handle this type of complex case. For more information, please visit http://www.injuryattorneys.com/ or call (800) 792-0332 for a free consultation.
Posted: 10/7/2009 2:50:33 PM by Stephen M. Wagner | with 0 comments


 
 

11939 North Meridian Street, Carmel, Indiana 46032

©2012 by Wagner Reese, LLP. All rights reserved.

Please Wait...

Working