Workplace injuries in Indiana can leave you feeling lost and unsure of your next steps. Workers’ compensation can provide much-needed financial support and medical care to help you recover and return to work.
But how does worker’s compensation work exactly? And how can you ensure a smooth filing process that compensates you for your injuries?
Our goal with this learning resource is to answer these questions and provide you with a better understanding of how an Indiana workers’ compensation lawyer can help you navigate the complexities of this system.
What is Workers’ Comp?
Commonly known as workers’ comp, this insurance helps employees who suffered injuries or illnesses as a direct result of their job.
It protects employers and employees by providing financial support for medical expenses and lost wages due to workplace injuries.
In Indiana, most employers are required by law to have workers’ compensation insurance for their employees.
If you sustain on-the-job injuries, you may receive benefits through your employer’s workers’ comp policy.
Who Can Receive Workers’ Compensation in Indiana?
In Indiana, most employees can receive benefits if they suffer a work-related injury or illness, including:
- Full-time employees
- Part-time employees
- Seasonal employees
- Temporary employees
- Apprentices and trainees
Generally, workers’ comp does not cover independent contractors, volunteers, and domestic workers.
However, you should never assume you are not eligible for benefits without consulting an experienced Indiana workers’ compensation lawyer.
Certain exceptions or circumstances may allow you to receive benefits even if you do not fall under the traditional definition of an employee.
What Accidents and Injuries are Covered Under Workers’ Compensation Laws?
Benefits in Indiana cover a wide range of accidents and injuries that occur in the workplace, including but not limited to:
- Slip and fall accidents
- Machinery or equipment malfunctions
- Exposure to hazardous materials
- Vehicle accidents while on the job
Common injuries from these accidents include:
- Traumatic brain injuries
- Back and spinal cord injuries
- Broken bones and fractures
- Burns
- Repetitive strain injuries
- Occupational diseases such as hearing loss or lung disease
When these accidents and injuries result from the negligence or recklessness of an employer or coworker, you have the right to pursue workers’ compensation benefits. Trust an experienced attorney to help you recover the compensation you deserve.
How Much Is My Workers’ Compensation Claim Worth?
Under the law, injured parties may recover compensation for:
- Medical expenses related to the injury, including hospital bills, doctor’s appointments, and medication
- Lost wages due to missed work or reduced earning capacity
- Rehabilitation costs such as physical therapy
- Vocational training if you are no longer able to perform your job duties
- Temporary or permanent disability or disfigurement
The actual worth of your claim will vary depending on your case’s specific details and circumstances.
For example, while standard claims typically see the injured party reimbursed up to 2/3 of their weekly wage, there may be exceptions or additional factors that could increase the value of your claim.
Because multiple variables affect the worth of your workers’ compensation case, you must consider working with a lawyer.
With their help, you can combat any attempts by your employer or their insurance provider to minimize the value of your claim and ensure that you receive fair compensation for your injuries.
Common Obstacles to Filing a Workers’ Compensation Claim in Indiana
While the system is designed to protect injured employees, there are still potential obstacles that can complicate the filing process, including but not limited to:
- Failure to report the injury on time: In Indiana, you must report your workplace injury to your employer within 30 days or risk losing your right to file a claim.
- Disputes over the cause of the injury: Employers and insurance companies may attempt to deny or dispute your claim by arguing that your injuries were not work-related or caused by pre-existing conditions.
- Inadequate medical documentation: To receive benefits, you must have proper medical documentation supporting your injury and its relation to your work.
In all these situations, a skilled workers’ compensation lawyer in Indiana will help you navigate these obstacles and protect your rights to maximum compensation.
Workers Compensation FAQs
Do I have to see a specific medical provider for my claim?
In Indiana, your employer can choose the medical provider for your initial treatment. However, if you are not satisfied with this provider, there may be options to change your doctor or seek a second medical opinion.
How long do I have to be off work to receive benefits?
Under Indiana law, being out of employment for seven or more consecutive days makes you eligible for benefits. However, this does not mean that you will automatically receive these benefits without a proper claim being filed.
What should I do if my claim is denied?
If your workers’ comp claim is denied, you should seek legal assistance immediately. An experienced lawyer can help you gather evidence and build a strong case to appeal the denial and secure the benefits you deserve.
Can I be fired for filing a claim?
No. In Indiana, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim.
Can I reopen my settled claim if my injury worsens?
Yes, in Indiana, you can reopen your workers’ comp claim within two years of the date of your last benefit payment. However, it is best to consult with a lawyer before doing so, as there may be specific requirements or limitations.
Injured On The Job? Trust a Workers’ Comp Lawyer in Indiana to Secure Maximum Benefits
Just because Indiana workers’ compensation law is complicated doesn’t mean you shouldn’t fight for your rights. If you have suffered a workplace injury, seek legal representation from experienced workers’ Comp attorneys in Indiana.
With their decades of experience, aggressive negotiation tactics, and overall desire to help you during this difficult time, you can trust your claim will be handled with professionalism and care.
Learn more about your rights during a free case evaluation with an award-winning workers’ compensation lawyer in Indiana.