Employers are required to carry workers compensation insurance for their workers who become injured on the job. When you suffer a serious injury on the job, you have to deal with your employer and your employer’s workers’ comp insurance company. With little communication back and forth, it is easy to feel like you are getting lost in the system and that you have no power over the negotiations.
Work Comp Statistics
According to U.S. Department of Labor, there were 54,311 work related injuries reported in Indiana in 2013. In 2014, 89 people were killed in work related accidents. 3,714 work related claims were disputed by Indiana employers during 2013. In 2014, total compensation plus medical bills paid in Indiana totaled $89,631,452.00. 62% of Indiana disability cases are temporary in nature. Most workers do not understand their full rights when it comes to workers’ compensation. As a result, many workers end up not getting the full compensation they deserve. If you have been injured at work, you are entitled to three benefits: Payment of medical bills Temporary total disability: Two-thirds of your lost wages if you are unable to work due to a temporary disability Permanent partial disability: A lump sum, if you are disabled as a result of your injury Many people do not realize that they may be eligible for additional compensation after their work injury. You could receive compensation for pain and suffering, which is not possible under workers’ comp. If someone besides your employer or a co-worker is responsible for the conditions that led to your workplace accident, we can help you explore your rights to a personal injury claim.
At the Delventhal Law Office LLC, our Fort Wayne workers’ compensation attorney can help you take a stand and get fair compensation for your injuries. There are statutes protecting the rights of northeast Indiana workers, and we will make sure you get the full extent of benefits to which you are entitled, regardless of the type of injuries you have suffered. Our firm handles all personal injury and workers’ compensation claims on a contingency basis, so you do not have to worry about legal fees until we get you fair compensation.
What to do
- Report your injury to your supervisor or manager immediately, regardless of whether or not you think that you will need medical treatment.
- Insist that your supervisor or manager prepare a written accident report.
- Obtain a copy of the accident report from your manager or supervisor.
- Attend all appointments and examinations scheduled for you by your employer’s workers’ compensation insurance carrier. Avoid re-scheduling appointments whenever possible. Missing or re-scheduling more than one appointment may result in the suspension of your workers’ compensation benefits.
- Keep copies of all restrictions, off-work statements, and reports given to you by each doctor that you see.
- If you attend an appointment or examination outside of the county where you work, keep a log of the miles traveled, the date, and the name of the doctor. You are entitled to be reimbursed at the rate that State of Indiana employees receive per mile if you have to travel outside of your county of employment for any appointment or examination. -Track the time that you were unable to work due to your work injury. You are entitled to weekly TTD benefits if you are off of work for more than seven days. -If eligible, request a Board-appointed independent medical examination if the doctor chosen by the workers’ compensation insurance carrier releases you from further care and states that you have reached maximum medical improvement.
- Report to the Indiana Department of Labor any threats or retaliations made by your employer for filing or attempting to file a workers’ compensation claim. It is against Indiana law to retaliate against an employee for filing a workers’ compensation claim.
- Ask for a second opinion if you are unhappy with your medical treatment. Your employer’s workers’ compensation insurance carrier will decide whether or not to grant this second opinion.
- Contest any denial of benefits on the basis of a pre-existing condition. You are entitled to benefits even if you had a pre-existing condition, as long as the injury is an aggravation of the existing condition.
Not to do
- Do not allow your employer to put you back to work in a job that violates your work restrictions.
- You have the right to not allow the nurse case manager into the examination room while you are being examined by a doctor.
- Do not allow the workers’ compensation insurance carrier to delay their decision about approving or denying your claim. Indiana law requires the workers’ compensation insurance carrier to inform you of their decision within 30 days after the claim is filed.
- Do not allow your employer to tell you that there is a “minimum” period that you must work in order to receive workers’ compensation benefits. You are entitled to benefits immediately if you are injured.
Delventhal Law Office Difference
We will make a recovery or you don't pay. It's that simple. We understand that you have already been through a lot and to make your life easier, we offer a FREE, no-obligation consultation to review your case. Next, we will discuss your options. If we take your case, we will get paid only when you do. If we don’t make a recovery, you owe us nothing.
- You can contact us 24 hours a day, 7 days a week for a free consultation with our lawyers.
- When you contact us a lawyer will immediately respond - No call centers - No time waiting for the important legal advice you need.
- Our no recovery, no fee promise - You won't have to pay a dime until there is a successful resolution to your case.
- All work comp lawyers at our office have years of experience litigating such cases, so they know how to get the maximum compensation for your case.
- Remember, our consultations are free, and when we take a case, we do not charge our clients a penny until our client makes a recovery. If you don't make a recovery, then we don't get paid. That's how confident we are in our expertise. Call us now to speak to a Fort Wayne motorcycle accident attorney immediately.