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 Fort Wayne workers’ compensation lawyer from our personal injury law firm can help. We have been helping injured workers get maximum disability benefits for decades, and we are ready to help you with the claims process.
What Is Indiana’s Workers’ Compensation System?
Indiana law entitles employees with serious injuries to benefits regardless of who was at fault for the accident. The Indiana Worker’s Compensation Board (WCB) oversees the state’s workers’ compensation system. It handles disputes and challenges and hears appeals. The WCB ensures compliance with workers’ compensation laws, and it provides resources for injured workers and employers.
What Coverage Do Workers’ Compensation Benefits Provide?
Indiana’s workers’ compensation benefits provide medical, rehabilitation, and income support for employees injured on the job.
- Medical benefits cover necessary medical treatment for work-related injuries.
- Income benefits provide two-thirds of the average weekly pay if employees are unable to work.
- 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?
Your workers’ compensation claim may be denied for several reasons. Common issues include not reporting the injury on time, the injury not being work-related, a lack of evidence, missed deadlines, non-covered situations (like intoxication or horseplay), disputes about your employment status, or preexisting conditions.
If your claim has been denied, a Fort Wayne workers’ compensation attorney can help you with the appeals process.
Do I Need a Fort Wayne Workers’ Comp Attorney?
Yes! Our workers’ compensation attorneys protect the rights of injured employees. If you are suffering from a serious work injury or occupational disease, we work to ensure medical bills are covered and payments continue without interruption. If disputes arise with insurance companies, our team works to resolve them efficiently so you can focus on your recovery.
What Is a Third-Party Lawsuit in a Workers’ Compensation Case?
In some cases, a third party’s negligence may have contributed to your workplace injury. A third-party lawsuit allows you to seek damages for things like pain and suffering that wouldn’t be covered by workers’ comp. However, you must prove the other party was negligent. Indiana’s 51% rule (Indiana Code § 34-51-2) means you cannot recover damages if you are found to be more than 50% at fault for the incident.
For instance, you might have a personal injury claim if you were injured by a negligent driver while on the job. An attorney can file a personal injury lawsuit on your behalf.
Most Common Workplace Injuries
Many workers experience common injuries like repetitive strain injuries (such as carpal tunnel syndrome). More serious conditions can also occur, including back injuries, shoulder injuries, neck injuries, spinal cord injuries, broken bones, and brain injuries.
Injured workers should seek medical attention and retain the records.
What to Do After a Workplace Accident in Fort Wayne, IN
After a work injury, follow these steps:
- Notify your employer as soon as possible and within 30 days.
- Seek medical care from the doctor chosen by your employer or their insurer. Visit the nearest ER if you have an emergency.
- 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 a third-party claim for additional damages if someone other than your employer caused the accident.
- Consult a workers’ compensation lawyer if your claim is denied or you need help pursuing full compensation.
Contact Our Experienced Fort Wayne Lawyers Today
We serve clients across Indiana and the Midwest. If you suffered injuries in a work-related accident, call us. Each experienced attorney on our legal team has the experience to assess your workers’ comp claim and help secure the benefits and maximum compensation you deserve.
Our Law Firm Offers Free Case Evaluations
Call our law office today for a free consultation to discuss your case; an attorney will outline your options to recover maximum benefits and address your concerns.
(312) 223-1700