If you’ve suffered workplace injuries in Indiana, you may qualify for workers’ compensation benefits. This no-fault insurance covers medical expenses, lost wages, and more. A South Bend workers’ compensation lawyer from our personal injury law firm can help. We have been helping injured workers win 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, injured employees are entitled to benefits regardless of who caused the accident—whether it was the employer, a coworker, or even the employee themself.
The Indiana Worker’s Compensation Board (WCB) oversees the state’s workers’ compensation system. It handles disputes and challenges and hears appeals; it 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 provides medical, rehabilitation, income support, and other benefits for employees injured on the job. Key benefits include:
- Medical benefits cover necessary medical treatment for work-related injuries.
- Income benefits provides two-thirds of the average weekly wages 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 pre-existing conditions.
A South Bend workers’ compensation attorney can help with an appeal.
Do I Need a South Bend 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 (doctor and hospital bills) 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 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 were injured in a motor vehicle accident caused by a negligent driver, you might have a valid personal injury lawsuit. An Indiana workers’ compensation attorney can file a lawsuit on your behalf.
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 South Bend, IN
If you suffered a work injury, 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 insurer. For emergencies, visit the nearest ER.
- Document everything with photos of the scene, your injuries, and gather witness information. Keep all medical records and receipts for medical costs.
- 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 insurance 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.
Contact an Experienced Attorney in South Bend Today
We represent clients across Indiana and the Midwest. If you suffered injuries in a work-related accident, call us. Each workers’ compensation attorney on our legal team has the experience to assess your workers’ comp claim and determine the best course of action to secure the benefits and maximum compensation you deserve.
Our Law Firm Offers Free Case Evaluations
Call our law office today to schedule a free consultation to discuss your personal injury case, explore your legal options for reimbursement of losses, and address your concerns. We work on a contingency basis: you pay no legal fees unless we win.
(312) 223-1700