If you’ve been injured at work in Indiana, you may qualify for workers’ compensation benefits. This no-fault insurance covers medical expenses, lost wages, and more. A Fishers workers’ compensation lawyer from our personal injury law firm can help. We have represented injured workers and won compensation for decades, and we are ready to provide you with the legal representation you need.
What Is Indiana’s Workers’ Compensation System?
By Indiana law, the Indiana Worker’s Compensation Act (Indiana Code Title 22, Article 3), injured employees are entitled to workers’ comp benefits regardless of who caused the accident—whether it was the employer, a coworker, or even the employee themselves.
The Indiana Worker’s Compensation Board (WCB) oversees the state’s workers’ compensation system. It handles disputes and challenges, hears appeals, ensures compliance with workers’ compensation laws, and provides resources for injured workers and employers.
What Coverage Do Workers’ Compensation Benefits Provide?
Indiana’s workers’ compensation benefits provide medical coverage, rehabilitation, and income support for employees injured on the job. Key benefits include:
- Medical benefits cover necessary medical treatment for work-related injuries.
- Income benefits provide two-thirds of the average weekly wage (AWW) if you’re unable to work due to temporary total disability (TTD).
- Rehabilitation benefits help injured workers return to work.
- Death benefits offer support to dependents if the worker dies due to a job-related injury.
The Social Security Administration (SSA) caps your combined monthly income from workers’ compensation and social security disability income (SSDI) at 80% of your Average Current Earnings (ACE) prior to your disability.
Why Can Workers’ Compensation Cases Be Denied?
Workers’ compensation claims can be denied for reasons like late reporting, non-work-related injuries, insufficient evidence, missed deadlines, non-covered conditions (e.g., intoxication or horseplay), disputes over employment status, or preexisting conditions.
A Fishers workers’ compensation attorney can help with an appeal.
Do I Need a Fishers Workers’ Comp Attorney?
Yes! Our skilled workers’ compensation attorneys provide legal help to protect the rights of injured employees. If you’re suffering from occupational diseases or serious injuries from work, we ensure your medical bills (for doctor and hospital visits and physical therapy) are covered and your payments continue without interruption. If disputes over your settlement arise, our experienced team works to resolve them quickly and efficiently, so you can focus on your recovery.
What Is a Third-Party Lawsuit in a Workers’ Compensation Case?
In some cases, you may be able to sue for additional compensation if a third party’s negligence contributed to your workplace injury. Third-party lawsuits differ from workers’ compensation by allowing claims for non-economic damages (e.g., pain and suffering) but require proving negligence. Indiana’s 51% rule (Indiana Code § 34-51-2) bars recovery if you’re more than 50% at fault.
For example, if you were on the job and injured in a car accident caused by a negligent driver or injured by defective equipment, you might have a valid personal injury lawsuit.
Most Common Workplace Injuries
Some of the more common injuries workers may experience include repetitive strain injuries like carpal tunnel syndrome. More serious conditions can also occur, including back injuries, shoulder injuries, neck injuries, spinal cord injuries, broken bones, and brain injuries.
What to Do After a Workplace Accident in Fishers, IN
If you were hurt at work, follow these steps:
- Notify your employer immediately. You have 30 days to report it, but sooner is better.
- Seek medical care from the doctor chosen by your employer or their insurance company. In certain circumstances, you may see your own doctor. For emergencies, visit the nearest ER.
- Document everything with photos of the scene and your injuries. Gather witness information. Keep all medical records and receipts.
- Understand your rights—Indiana’s workers’ compensation covers medical bills and partial wages, even if the accident was your fault.
- Consider pursuing a third-party claim if someone other than your employer caused the accident with a lawsuit for additional damages.
- Consult a workers’ compensation lawyer if your claim is denied or you need help achieving a fair settlement.
Contact an Experienced Attorney in Fishers Today
We serve clients in Hamilton County and across Indiana and the Midwest. If you suffered injuries in a work-related accident, call us. The Fishers attorneys on our legal team have the experience to assess your workers’ comp claim and determine the best course of action to secure the full benefits and maximum compensation you deserve.
Our Law Firm Offers Free Case Evaluations
Call our law office today for a free consultation to explain the claims process, discuss your case, outline your legal options to recover losses, and address your concerns. Our law firm operates on a contingency basis. You won’t pay personal injury attorney fees unless we win your case.
(312) 223-1700