Workplace accidents are a major problem in Northern Indiana. The Indiana Department of Labor reports that more than 93,000 workers experienced a ‘recordable event’ in the year 2014 alone. Under U.S. government standards, the term ‘recordable event’ refers to a workplace accident that required medical care beyond first-aid, a work injury that led to missed days on the job, or a work injury that forced an employee to transfer to a less intensive position.
Dealing with the aftermath of a serious workplace accident can put a tremendous strain on an Indiana family. The good news is that injured employees have legal options available. The Workers’ Compensation Act of Indiana mandates that companies in the state provide no-fault workers’ compensation coverage. If you were hurt on the job, you are entitled to benefits under this program. However, unfortunately, getting full workers’ compensation benefits can often be challenging.
At Delventhal Law Office, our New Haven workers’ compensation attorneys have helped many injured Indiana workers recover their full and fair benefits. We have a deep understanding of Indiana’s workers’ compensation regulations and the claims process. Whether you are still preparing your initial claim, or your workers’ compensation claim was denied, we are here for you. If you were hurt on the job in New Haven, please do not hesitate to contact our law firm today for free legal guidance.
WHAT TO DO?
1. Get Yourself a Comprehensive Medical Exam
Following a serious workplace accident, you must get yourself to a qualified medical professional for an in-depth examination. Nothing should come before your health and safety. If you are unsure of where you should go to get medical care, please do not hesitate to reach out to our New Haven workers’ compensation attorneys. We can offer you guidance.
2. Report Your Workplace Accident to Your Employer
In Indiana, employers have a legal right to receive official notice of any accidents that take place on their job site. Injured New Haven workers must report their accident within 30 days. If no notice is given to an employer, the victim may not be able to bring a successful workers’ compensation claim. Do not wait to take action: Report your workplace injury as soon as possible.
3. Be Ready to Consult a New Haven Workers’ Compensation Lawyer
Some injured Indiana workers are able to get their full benefits without an attorney. In cases where a worker sustained relatively minor injuries, perhaps missing a day or two on the job, their employer may simply comply with their request for compensation. However, in the majority of workplace injury cases, workers should consult with a lawyer. Specifically, you will need a New Haven workers’ comp lawyer if your claim was denied, you miss more than a week on the job, or you sustained severe, possibly permanent impairment. Do not sign away your rights without first speaking to a qualified attorney.
What Workers’ Compensation Benefits are Available in Indiana?
- Medical Coverage
- Temporary Disability Benefits (TTD)
- Permanent Impairment Compensation
- Total Disability/Death Benefits
To start, the Indiana workers’ compensation program provides injured employees with full medical coverage. All medical expenses that are related to your workplace accident should be covered. This includes emergency medical care, doctor’s visits, hospital bills, prescription drug costs, and required physical therapy. Specifically, all medical care that is “reasonable and necessary” should be covered. Of course, disputes can arise regarding what constitutes reasonable and necessary medical expenses. When this happens, victims should be represented by a workers’ comp attorney in New Haven County, IN.
Temporary Disability Benefits (TTD)
Injured New Haven workers are also entitled to wage loss compensation. In Indiana, this is referred to as temporary total disability benefits or TTD benefits. These benefits are not taxable, and they should be paid at two-thirds of the worker’s average weekly wages at the time of the injury. TTD benefits are subject to a maximum benefits cap.
Permanent Impairment Compensation
If you have a permanent impairment that is related to your workplace injury, you should receive additional compensation. As a general rule, partial permanent impairment (PPI) compensation cannot be paid out until an injured New Haven worker has reached maximum medical improvement. At that point, they should be offered a settlement based on state standards. Getting full PPI benefits is challenging. Employers and insurance companies look for ways to limit settlement offers. It is imperative that you are represented by a skilled New Haven workers’ compensation lawyer.
Total Disability/Death Benefits
Sadly, not all injured Indiana workers will be able to return to the workforce. For those who suffer a permanent total disability, up to 500 weeks of TTD compensation is available. In the tragic cases where a workplace fatality has a occurred, the 500 weeks of TTD compensation should be paid as a death benefit to the victim’s dependent survivors.
WHAT IS A THIRD PARTY WORK INJURY CLAIM?
In Indiana, workers’ compensation is considered to be an exclusive remedy. You cannot file a standard personal injury lawsuit against your employer. Instead, you must seek compensation through the state’s no-fault workers’ compensation program. However, if you were injured because of the negligent conduct of a third party, perhaps another contractor or an equipment manufacturer, you can file a personal injury lawsuit against these companies.
As these claims are complex, you should not attempt to bring one on your own. If you were injured in a workplace accident caused by a third party in Allen County, Indiana, please contact our experienced New Haven workers’ compensation attorneys today. Our legal team will review your case and determine what steps need to be taken to protect your rights and maximize your recovery.
MAKING A DIFFERENCE
IN THE LIVES OF OUR CLIENTS.
Spinal Cord Injury
Neck, Back, & Lung Injury
Thanks to everyone in the office. Great team. Was always answering any of my questions! Definitely helped me.
I appreciated Chad's timeliness in responding to my inquiries and concerns throughout the settlement process. He did a good job!
What a great experience dealing with Chad and the rest at Delvonthal law, he won my case and I would highly recommend everyone to talk with the people at Delvonthal.
The Delventhal law office worked vigorously on my behalf. Great communication and professionalism, a true down to earth fighter for the people. Thank you Chad Delventhal.
Very pleased with the outcome of my case, and with the professionalism of Chad and his staff.
WERE YOU INJURED IN A WORKPLACE ACCIDENT IN NEW HAVEN, INDIANA?
We can help. At Delventhal Law Office, our workers’ comp attorneys in New Haven County, IN are proud to be aggressive advocates for employees in the state. If you or a loved one was injured on the job in New Haven, please reach out to our office today to set up a free, no obligation review of your case.
We only get paid if we help injured workers recover compensation. There are no upfront costs or out-of-pocket fees to hire our law firm. We serve injured workers in New Haven and throughout the surrounding communities in Allen County.
AREAS WE PRACTICE
At the Delventhal Law office, our Fort Wayne personal injury attorneys are committed to fighting for the rights and interests of accident victims. If you or a family member was injured because of the carelessness or recklessness of another party, we can help. Our Indiana personal injury lawyers handle a wide array of legal cases, including:
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