Fort Wayne
Workers Compensation
ATTORNEY

DELVENTHAL LAW

INJURED AT WORK?

Employers in Fort Wayne 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^[1], 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. Which is one reason why you should contact an experienced Fort Wayne workers’ compensation attorney. Delventhal Law Office is here to help you get the compensation you 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 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.
• 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.
• 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.
• Obtain a copy of the accident report from your manager or supervisor.
• 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.
• 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.

NOT TO DO

Following a serious work injury accident, you may be worried that you cannot afford a top-rated Fort Wayne workers’ compensation lawyer. After all, lawyers are expensive – right? This is based on a common misconception. At the Delventhal Law Office, our skilled legal team takes on all workplace injury claims on a contingency fee basis. Not only do we offer free case evaluations, but we do not get paid until you get paid. There are never any out-of-pocket costs for you. If you do not win your case, then our law firm does not get paid. It is as simple as that.

• Do not allow your employer to put you back to work in a job that violates your work restrictions.
• 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.
• 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 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 Fort Wayne workers’ compensation 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 (260) 484-6655 now to speak to a Fort Wayne workers’ compensation attorney immediately.

The Indiana law that applies to your workers' compensation case

Indiana's Workers' Compensation Act (IC 22-3-2^[2] through IC 22-3-6^[3]) governs almost every on-the-job injury claim in Allen, DeKalb, and Whitley County. The Act is administered by the Indiana Workers' Compensation Board^[4] and bars most direct lawsuits against the employer, but it does not bar a parallel third-party suit against an equipment manufacturer, contractor, or careless driver whose negligence contributed to the injury. Indiana also imposes a 30-day notice clock under IC 22-3-3-1^[5] that quietly destroys cases when missed.

How insurance carriers fight Fort Wayne workers' compensation claims

Every Fort Wayne comp file we open runs into the same insurer playbook. The first move is the recorded statement, taken within days, designed to lock the injured worker into a minimizing narrative before symptoms fully present. The second is the independent medical examination — a one-time exam by a carrier-aligned physician used to challenge causation and end temporary total disability benefits. The third is the maximum medical improvement and permanent partial impairment rating battle, where the carrier's doctor returns a low PPI rating that drastically reduces the settlement value. The fourth is the suitable-employment offer, where the employer creates a light-duty position designed to terminate wage benefits. We anticipate each of these by documenting symptoms early, coordinating with treating physicians, and citing OSHA^[6] safety-standard violations that support a parallel third-party case.

Evidence we preserve in the first 48 hours

Comp claims live on the medical, wage, and incident-report record. From day one we lock down every document the carrier will later try to challenge.

• The First Report of Injury (Form 34401) and every supervisor incident-report version filed within the 30-day notice window required by IC 22-3-3-1^[5]
• Emergency room intake records, initial imaging, and the treating physician's written causation opinion before the carrier schedules an independent medical examination
• OSHA 300 logs, near-miss reports, and any safety citations issued at the worksite during the prior two years that support a third-party negligence theory
• Complete wage records for the 52 weeks before injury so the average weekly wage calculation under IC 22-3-3-22^[7] is not artificially deflated by the carrier
• All physical therapy notes, functional capacity evaluations, and the treating physician's permanent partial impairment rating measured at maximum medical improvement

Damages categories in an Indiana workers' compensation case

Indiana comp benefits split into temporary total disability at two-thirds of the average weekly wage, temporary partial disability for reduced-capacity work, permanent partial impairment paid as a degree-based award under IC 22-3-3-10^[8], and lifetime medical care for the work injury. The statutory schedule caps many awards, which is why a parallel third-party suit often controls the actual recovery — and why OSHA^[6] violation evidence matters so much. Pain and suffering damages are not available in the comp claim itself but are fully recoverable in any third-party negligence case running in parallel.

What our workers' compensation clients ask most

Can I sue my employer directly for a work injury in Indiana?

Indiana's workers' compensation exclusivity rule under IC 22-3-2-6^[9] bars most direct negligence suits against the employer. The narrow exceptions involve intentional torts and certain dual-capacity scenarios. The far more common parallel claim is a third-party suit against an equipment manufacturer, subcontractor, property owner, or driver whose conduct contributed to the injury alongside the comp claim.

What happens if my employer's doctor says I am at maximum medical improvement?

Maximum medical improvement triggers the permanent partial impairment rating phase under IC 22-3-3-10^[8] and typically ends temporary total disability checks. The carrier's PPI rating is almost always lower than the treating physician's. Independent review of the rating, additional imaging, and a second-opinion exam often increase the impairment percentage and the corresponding settlement value materially.

How long do I have to report a workplace injury in Indiana?

Reporting must occur within 30 days under IC 22-3-3-1^[5], though earlier is always better. The claim itself has a two-year statute of limitations from the date of injury under IC 22-3-3-3^[10]. Repetitive-trauma claims have a separate accrual rule tied to when the worker knew or should have known the condition was work-related.

Will workers' compensation cover surgery and long-term medical care?

Authorized work-injury surgery, hospital care, physical therapy, prescriptions, and ongoing follow-ups are covered as long as treatment is reasonable, necessary, and related to the original injury. The carrier controls the choice of authorized treating physician under Indiana law, which is one of the most contested issues in serious comp cases and frequently requires Board intervention.

Can I still recover if my injury also involved a defective tool or piece of equipment?

Equipment-related work injuries open a parallel product-liability claim against the manufacturer that runs alongside the comp file. Pain and suffering, full lost earning capacity, and other tort damages unavailable in comp become recoverable in the third-party suit. The comp carrier holds a subrogation lien against the third-party recovery under IC 22-3-2-13^[11].

What happens after you hire us

Our first move is filing the Application for Adjustment of Claim with the Workers' Compensation Board, placing the carrier on litigation notice, and screening the file for a parallel third-party defendant. We coordinate the treating-physician relationship, document each temporary total disability period, and prepare for the maximum medical improvement battle. When the carrier undervalues the permanent partial impairment, we request a Single Hearing Member proceeding. Third-party suits are filed in Allen Superior Court or wherever venue is proper. Every step is on a contingency-fee basis.

Estimate the value of an Indiana PPI rating

If you have reached maximum medical improvement and received a permanent partial impairment rating, our Indiana Workers' Compensation PPI Calculator can estimate the scheduled dollar value using the date of injury, body part, and rating percentage. The calculator is informational only, but it can help you spot whether a carrier's PPI number deserves a closer review before settlement.

Sources

1. U.S. Department of Labor (dol.gov) ↩
2. IC 22-3-2 (iga.in.gov) ↩
3. IC 22-3-6 (iga.in.gov) ↩
4. Indiana Workers' Compensation Board (in.gov) ↩
5. IC 22-3-3-1 (iga.in.gov) ↩
6. OSHA (osha.gov) ↩
7. IC 22-3-3-22 (iga.in.gov) ↩
8. IC 22-3-3-10 (iga.in.gov) ↩
9. IC 22-3-2-6 (iga.in.gov) ↩
10. IC 22-3-3-3 (iga.in.gov) ↩
11. IC 22-3-2-13 (iga.in.gov) ↩