The Indiana Stage Collapse and Worker’s Compensation

Five people have now died and more than forty people were hurt in the collapse of an outdoor concert stage at the Indiana State Fair on Saturday evening. Just minutes before the country group Sugarland was set to take the stage, a strong gust of wind blew the stage and scaffolding down onto concert-goers.

Some of the injured are in critical condition and unfortunately the death toll could rise. Indiana Governor, Mitch Daniels, called the collapse of the stage “freakish”. The storm that accompanied the winds was anticipated, but the gust of wind that brought the stage down was unexpected.

An official evacuation order had not been given to the people at the concert, but officials had informed spectators that the concert may have to be postponed due to weather.

A spectator at the concert filmed the stage collapse. The video shows a blast of wind that blows down the stage and the steel rigging above the stage. Concert-goers can then be seen running to the collapsed stage and working together to hold up the rigging and try to rescue anyone who was trapped underneath.

The fair was closed on Sunday but reopened on Monday with a memorial service for the victims. Sugarland sent out a message via Twitter soon after the tragedy saying: “We are all right. We are praying for our fans, and the people of Indianapolis. We hope you’ll join us. They need your strength.”

Worker’s Compensation and Personal Injury

Four individuals were killed on the scene. The fifth person who was killed was stagehand Nate Byrd, 51. He was on the stage scaffolding to operate the show’s spotlight at the time of the collapse. He died on Sunday from his injuries. While Indiana Worker’s Comp issues are far from being decided in this case, individuals who are hurt or fatally injured while on the job are often entitled to Work Comp benefits.

The stage collapse is under investigation by the Indiana State Police and the Indiana Occupational Safety and Health Administration, a group that is often involved in Indiana Workers Comp cases.

The weather is a big factor in this case. A severe thunderstorm warning was announced before the collapse with winds gusting up to 70 mph. There are conflicting reports on what concert-goers were told shortly before the incident in regards to the weather and evacuation plans.

As most people know, no one can be held liable for an accident that is caused by an “act of God.” An act of God usually refers to a natural disaster such as a hurricane or earthquake or extreme weather events such as storms, lightning or tornadoes. On the other hand, if the resulting injury or damage was preventable or predictable, then a party can be held responsible. An act of God may have contributed to a disaster, but one must look beyond to ascertain whether human negligence permitted the act of God to cause the injury or death.

Filing a Work Comp Claim

Experienced attorneys can assist victims who are injured or their families in case of a death whether the accident happened at work or at a concert. The injured party needs to take vital steps shortly after the incident to make sure they receive proper medical care and compensation. Some of these steps are:

*Inform a supervisor of the incident and insist on a written report.
*Obtain a copy of the report for your records.
*Attend all appointments made by the insurance provider.
*Track the time you lost from work due to injury.
*Keep detailed records

If you have been hurt or your family has lost a loved one in an incident that the defending party or insurance company claims was caused by an act of God, do not just accept this explanation and move on. Contact a personal injury attorney that has the expertise to determine whether human negligence was involved.

by Beth L.

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