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workers comp

New Guidelines for Nurse Case Managers in Indiana

A Nurse Case Manager is a Registered Nurse who is hired by the insurance company to oversee your medical treatment. A good Nurse Case Manager can be very helpful to your recovery, but a poor Nurse Case Manager can interfere with your medical treatment.

The Indiana Workers’ Compensation Board has issued new guidelines for Nurse Case Managers.

The Indiana Worker’s Compensation Board has issued guidelines for the use of Nurse Case Managers (“NCM”) in the administration of compensation claims.  A NCM may be involved in a claim to schedule appointments, help facilitate care suggested by the medical provider, and to report back to the employer and/or carrier.  However, a NCM should not express opinions, to either the injured worker or the medical provider, regarding an injured worker’s course of medical care or otherwise attempt to influence the process.  Additionally, a claims adjuster should not attempt to direct the care provided to an injured worker by the authorized treating doctor.

If you feel a Nurse Case Manager is interfering with your medical treatment in a workers’ compensation case, please call us at 317.569.9644 to discuss your case.

Tipos de Compensacion Cuando Lastimes en el Trabajo

filling up a work injury claim formEn el estado de Indiana el empleador tiene el responsabilidad de proveer compensacion cuando se lastimes en el trabajo.  El ley dice que que no importa si el trabajador o el empleador tiene la culpa.  Entre el ley hay limites de que tipo de compensacion el empleador tiene que dar.  Hay tres areas de compensacion:

  • Compensacion de cubrir el costos de tratamiento medico.
  • Compensacion de 2/3 de tu ingreso si el doctor autorizado te órdenes de no trabajar.
  • Compensacion si el doctor determina que tienes daños permanente.

Si tienes preguntas sobre su caso de compensacion, por favor llame el oficina de Klezmer Maudlin y podemos ayudar.  El numero de telefono es (317) 569-9644.  Si quieres hablar con alguien en Español, pide por Janell, nuestra asistente bilingue.

You May Be Entitled to Workers’ Comp Benefits

If you are injured on the job in Indiana, you may be entitled to Indiana workers’ compensation benefits. Under our law in Indiana, these benefits pay you, generally, three items:

  1. 100% of your medical expenses without any payment by you,
  2. Lost wages at a rate of 66 2/3% of your average pay if you are unable to work for more than 7 days, and
  3. If your injury is considered permanent or long term, you will be entitled to a settlement.

If you were hurt at work, you may also have the right to pursue a claim for additional damages. This will be the case if your accident was due to the fault or negligence of another party. These cases are referred to as third party claims or personal injury actions. If you were injured on a job site, for example, and your injuries were due to the fault of an employee of another company, you could file a lawsuit against that company and collect additional damages that workers’ compensation does not pay.

A typical example of this type of case would be a construction worker who works for a sub-contractor and is injured either due to the fault of another sub-contractor’s employee or because various safety rules were not enforced by the general contractor and the failure to enforce the safety rule(s) caused your injury.

If you have such a claim, please consider one of the attorneys at Klezmer Maudlin at 317.569.9644.

Trabajadores indocumentados y su derecho recibir recompensación en Indiana

A veces trabajadores indocumentados se sienten como no tienen derechos en cuanto a las leyes del estado. Entonces, cuando experimenten un accidente en el trabajo, tienen miedo de buscar ayuda legal porque piensen que si el caso llega a un juez, les van a deportar.  Eso no es cierto.

Al contrario, nuestra empresa, Klezmer Maudlin, PC, ha servido cientos de clientes indocumentados y ninguno de ellos ha sido deportado debido al caso que representamos.

La ley en el estado de Indiana da libertad de interpretación referente a la recompensación a los trabajadores indocumentados que experimenten accidentes en el trabajo. Por costumbre los jueces deciden a favor de nuestros clientes indocumentados.  Según el sistema legal, es responsabilidad del empleador verificar que sus empleados sean legales. Entonces, no les toca a los jueces de la directiva sobre la recompensación a los empleados que se accidenten durante el trabajo. Tales jueces se preocupan por el hecho de que los empleadores cumplan con las responsabilidades que tienen en cuanto a sus empleados que experimenten accidentes en el trabajo.

Si tiene duda sobre sus derechos, o si quiere más información, llame a nuestro teléfono (317-569-9644) y podemos atenderle.

Employer Denied Lost Wages During Injury Examination

Question: My employer has denied me lost wages when I was sent to be examined and during appointment times that I was scheduled for work. Is this legal? How do I go about recovering work time hours lost?

Answer: You are correct that your employer’s actions are contrary to the Indiana Workers’ Compensation Act. You are not alone in your problems. In fact, this is something we face quite often.

According to Ind. Code §22-3-3-6(b), if the employee is required to miss work because of an examination scheduled by the employer to determine the compensability of a claim or to report on the employee’s disability or impairment, the employee is entitled to full reimbursement for any loss of wages.

Your employer can require the examinations to take place outside your work hours and in that case you would not be reimbursed for your time.

You may need assistance to secure these benefits. It is your right to either represent yourself in a worker’s compensation dispute or to hire an attorney. When deciding whether or not you want to involve an attorney, keep in mind that Indiana’s workers’ compensation laws are written in a way which tends to favor the employer as opposed to the injured employee.

Many employees think that they cannot afford an attorney, however, attorney fees are controlled by the Act as well and they come out of any recovery we make on your behalf. If you would like to discuss representation in reference to your work injury, please give our office a call at (317) 569-9644 and we can discuss the matter with you.

Court of Appeals Rules Independent Contractor’s Death Already Properly Compensated

The Indiana Court of Appeals determined that the estate of an independent contractor who died after falling off a ladder has been properly compensated through the state Workers’ Compensation Act. Therefore, the estate cannot claim at a later date that his injuries occurred outside the scope of employment.

The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers’ compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.

In The Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders, No. 43A01-1103-PL-136, an appellate panel affirmed the judgment of Kosciusko Superior Judge Duane Huffer in dismissing the estate’s lawsuit against Keystone Builders.

Eugene Smith, who worked for Keystone Builders, broke his neck and died when he fell 20 feet from a ladder in March 2010. Smith’s widow and estate agreed that Smith’s workers’ compensation claim would be settled for a lump-sum settlement of $100,000. In October 2010, however, the estate filed a complaint against Joshua Stutzman, alleging that Smith’s death was the result of Stutzman’s negligence in maintaining a safe workplace. Since Smith was an independent contractor and not an official employee, the estate argued that the claim was valid.

The trial court entered a default judgment against Stutzman, but ultimately dismissed the case in Stutzman’s favor because the Worker’s Compensation Board has exclusive jurisdiction.

Applying its own caselaw about workers’ compensation coverage, the appellate panel also relied on Sims v. U.S. Fidelity & Guar. Co., 782 N.E.2d 345, 349-350 (Ind. 2003), in which the act’s exclusivity provision bars a court from hearing any common law action brought by an employee for the same injury.

On the issue of whether Smith was an employee, the parties agreed to resolve those differences via a settlement agreement.