Standard Workers’ Compensation Benefits You Can Expect

Workers’ compensation is usually a blessing for those injured on the job. Learn what to expect from standard workers’ compensation benefits, and what you can do if your expectations are not sufficiently met.

Indiana Workers' Compensation Lawyers 317-881-2700
Indiana Workers’ Compensation Lawyers 317-881-2700

It is common for people who are injured on the job through no fault of their own to collect workers’ compensation benefits. The amount of compensation and extent of benefits awarded to injured workers largely depends on the degree of their injuries and damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills and set sums for any impairment. If you were recently injured at work, it is strongly suggested to hire a seasoned personal injury attorney who specializes in workers’ compensation claims to help you recover the full and fair settlement you deserve.

Common Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Personal injury/worker compensation cases can involve assault, battery; or even contracting a work-related illness or disease, experiencing an armed robbery, and much more.

Regardless of the actual cause of a worker’s injuries and resulting damages, the common coverages and benefits received from workers’ compensation claims generally include:

☑ Paid hospital bills, medical expenses, physical therapy, medical and vocational rehabilitation, doctor visits, counseling, prescriptions, etc…;

☑ Paid weekly earnings for time off work longer than one week (2/3 of average weekly pay-but has limits);

☑ Benefits for dependents in the case of a wrongful death at work;

☑ Travel expenses (if applicable);

☑ Benefits for any permanent total or partial disability.

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They have the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair compensation deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Indianapolis Workers’ Compensation Claims

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your Indianapolis workplace injury claim. Our seasoned personal injury lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

Can I Make a Workplace Injury Claim for Hearing Loss?

From the beginning days of workers’ compensation law, people who have suffered hearing loss due to their job have been making injury claims with their employers insurance carriers. If you believe you are a victim of workplace-induced hearing loss, this blog is for you. Continue reading to learn what you need to know about making a workers’ compensation claim for hearing loss in Indiana, including who to trust to represent you and your case and how to get started.

Indiana Workers' Compensation Lawyers 317-881-2700
Indiana Workers’ Compensation Lawyers 317-881-2700

Defining Hearing Loss

Workers’ compensation claims for hearing loss are complex since the technical definitions, methods of evaluating its severity, and approaches to compensate for it, differ among states. It is important to meet with a licensed Indiana personal injury lawyer for professional and accurate legal advice regarding your hearing loss injuries. It is also wise to learn what you can about making a workers’ compensation claim for hearing loss, what the laws say about such workplace injuries, and more.

Measuring Sound

Standard sound is measured in decibels (dB). For a better understanding of decibels, consider these examples: A pin dropping is 10 decibels; conversational speech is around 60dB; flushing a toilet is 75dB; a lawn mower is 90dB; a table saw is 105 dB; a jackhammer is around 110dB; the sound of an emergency siren is 115dB; peak stadium crowd noise is around 130dB; a shotgun is 160dB. As you can gather, many of these noises are part of everyday jobs, like construction workers, landscapers, first responders, stadium staff, factory workers, subway workers, and more.

Types of Noise Exposure

Depending on the type of vocation, the level of noise can vary, thus resulting in varying effects. A person can suffer injuries from common noises, whether exposed just one time or over a long period of time. Both long-term low noise levels and short-term high noise levels can cause damage to the inner ear where the hair cells are found. The trouble is, once these inner ear hair cells are damaged, they cannot be restored.

Because of the real potential damage to hearing, the Occupational Safety and Health Administration (OSHA) sets limits for employee noise exposure. These limits are 90dB for 8 hours a day, and 2 hours of exposure to 100dB. Think back to the examples of noise levels discussed before; a police siren is 115 decibels, while a jackhammer averages around 110 decibels. Although the Occupational Safety and Health Administration (OSHA) also requires employers to equip their staff with the proper protective gear, ear damage can still occur.

Recovering Compensation for Workplace Hearing Loss

Different states have different formulas and procedures for compensating injured workers for hearing loss. Furthermore, various factors influence eligibility and max limits for compensation. For instance, states like Pennsylvania and Delaware commonly compensate injured victims with Temporary Total Disability, Partial Disability, or Permanent and Total Disability benefits, but they use different formulas for providing such benefits. See our blog, “A Brief Explanation of Temporary Total, Temporary Partial, and Permanent Total Disability Benefits” to understand these types of benefits.

Here in Indiana, injured workplace victims may be awarded Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), and even Permanent Partial Impairment (PPI) benefits, which is when an injured person will not attain 100% recovery. As for hearing loss, it may help to know that, according to Worker’s Compensation Act, “An injury “arises out of the employment” when there is some causal relationship between the injury sustained and the duties or services performed by the employee. This causal relationship is established when a reasonably prudent person considers an injury incidental to employment at the time of entering into it or when the facts indicate a connection between the condition under which the employee works and the injury.”

Keep in mind, your rights to compensation for workplace hearing loss will be dependent on various specific factors, which is why it is necessary to consult with a reputable personal injury lawyer who is well-versed in Indiana workers’ compensation law.

Did You Suffer Hearing Loss at Work?

Hearing loss is one of several occupational conditions that can be sustained by employees here in Indiana. If you believe you are a victim of workplace-induced hearing loss or ear damage, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn you rights and eligibility for compensation. We offer free initial consultations so you can discuss your workplace injuries with a seasoned Indiana personal injury lawyer, in person.

Top Causes of Motor Vehicle Accidents in Indiana

Motor vehicle accidents are all too common throughout the country, and happen for a large number of reasons. Sometimes, nature interferes and there is not much drivers can do to protect themselves from an accident or collision. But mostly, car accidents occur as a result of some degree of carelessness, whether at the fault of the driver, or someone else. According to the Association for Safe International Road Travel (ASIRT), nearly 1.25 million people are killed in road crashes every year, which averages out to 3,287 deaths per day, and an additional 20 to 50 million are seriously injured or disabled.

Annual Car Accident Statistics

Here in Indiana, the statistics for annual car accidents are not much different. According to statistics gathered by the U.S. Department of Transportation (USDOT) and National Highway Traffic Safety Administration (NHTSA), the total number of motor vehicle accidents have increased by 10% since 2005, with a 44% increase in motorcycle accidents.

What can we do to reduce the number of road crashes in our state? To start, we can commit to safer driving habits, and increase our awareness on the road for other reckless drivers. Continue reading to learn what the Indiana Criminal Justice Institute (ICJI) says are the top causes for motor vehicle accidents in Indiana, as well as, what to do if you are negligently injured by a careless driver.

Indianapolis Car Accident Attorneys 317-881-2700
Indianapolis Car Accident Attorneys 317-881-2700

Top Causes of Car Accidents Include,
but are not limited to:

Impaired Driving – Driving under the influence of alcohol, drugs, or a controlled substance is considered impaired driving under Indiana state law. According to the NHTSA’s Fatality Analysis Reporting System (FARS), 22% of all traffic-related fatalities were caused by impaired drivers.

Reckless Driving – Reckless driving is a common cause for motor vehicle accidents, and includes any form of driving that is dangerous or irresponsible. The most common examples of reckless driving that has led to car accidents in Indiana are speeding, failing to yield, tailgating, unsafe passing, changing lanes without looking, ignoring road signs, and driving the wrong way on a one-way road.

Distracted Driving – Distracted driving causes several car accidents each year in Indiana. The Traffic Safety Division reports that recently, nearly 500 traffic accidents were caused by cell phone distractions. Examples that cause accidents include texting, eating, reaching for kids or items in the back seat, reading, cell phone talking, and pets.

Fatigued Driving – Fatigued and drowsy driving are similar to both distracted driving and impaired driving since it takes a driver’s focus away from the road. According to the Traffic Safety Division, fatigued driving recently caused over 1,600 accidents.

Backing Up – Unsafely backing up is another common cause for serious car accidents, especially among pedestrians and children. Although newer model vehicles have technologies such as cameras and alarms, which help drivers see behind them, these accidents can still occur when drivers do not use the proper precautions when reversing their vehicles.

Additional Causes:

➝ Automobile Manufacturer Defects

➝ Pedestrian Negligence

➝ Defective Stoplights

➝ Unsafe Road Conditions

➝ Missing or Obstructed Road Signs

Recover Compensation After a Car Accident Injury

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

If you were injured in a car accident as a result of another’s careless, please contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed car accident attorney who can help. You may be entitled to compensation for your related losses and damages, such as medical expenses, hospital bills, lost wages from work, pain and suffering, and much more. We never collect lawyer fees unless we recover a settlement for you. Get started today by scheduling your free consultation.

Frequently Asked Questions About Medical Malpractice Claims

Medical malpractice claims are one of the most complex. Before you begin the process of pursuing a medical malpractice claim, it is important to obtain a general understanding of the Indiana state laws surrounding medical malpractice, liability, and related content. The best place to start is by contacting an experienced Indiana personal injury law firm that can provide trusted legal counseling for your unique medical malpractice case.

In the intervening time, continue reading to review some frequently asked questions and answers about medical malpractice claims.

Indiana Medical Malpractice Lawyers 317-881-2700
Indiana Medical Malpractice Lawyers 317-881-2700

🏥 Do I Have a Medical Malpractice Case?

This is by far one of the most common questions asked by those who feel victimized by a hospital or medical community. As mentioned, medical malpractice cases are highly complex, and furthermore, differ in great detail among victims. In order to understand the strength of your case, you will need to consult with a licensed medical malpractice attorney who can provide a professional case evaluation. Most law firms do not charge a fee for initial consultations. 

🏥 How Long Does a Medical Malpractice Case Take?

The complexity of medical malpractice claims, combined with the infinite details and circumstances of each individual case, make it difficult to predict an exact time line. On average, most claims are settled or resolved with 6 months to a year; however, they can also take several years or more depending on the opposing parties and various other factors.

🏥 How Much Does a Medical Malpractice Attorney Charge?

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. Most personal injury law firms use a contingency-fee business model. A contingent payment arrangement works by not charging clients any retainers or upfront lawyer fees, but later collecting a percentage of the settlement recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

🏥 What is the Indiana Statute of Limitations for Medical Malpractice Claims?

In Indiana, a victim has two years from the date the healthcare provider committed an act of negligence that led to injuries to a patient. Statute of limitations for medical malpractice claims do not start when the malpractice is discovered, but in some rare cases, it can. Talk to your personal injury attorney for details regarding when you can make a medical malpractice claim.

🏥 Is Nursing Home Abuse Medical Malpractice?

Nursing home abuse cases are separate from medical malpractice cases, except in the case that the resident was receiving medical care in addition to standard nursing home care. See our blog, “FAQS Regarding Nursing Home Abuse and Neglect” to learn some information about such cases.

🏥 How Do I Win My Medical Malpractice Case?

There are numerous factors that contribute to the success or failure of a medical malpractice case. Such factors include the experience and proficiency of your legal team, the extent of your injuries and damages, and the strength of evidence you have against the opposing parties that proves their negligence. The stronger the evidence of negligence, the stronger the chances of winning a settlement. Your first step to getting off on the right track with making a medical malpractice claim is to contact a seasoned and reputable Indianapolis medical malpractice lawyer who you can trust for professional legal guidance.

Indianapolis Medical Malpractice Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

If you believe you or your loved one is a victim of medical malpractice in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our Indianapolis medical malpractice lawyers are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.

Does the Law Protect Kids From Negligent Accidents?

When it comes to our children, there is no greater importance or priority than their safety. As parents and guardians, the well-being of our children is something that is always at the top of our minds; but can the same be said about the law? Does the law protect injured children in any way? And if so, how?

Continue reading to learn some important information about the legal rights of injured children, and what to do if your child was negligently hurt in an accident.

Indiana Child Injury Lawyers 317-881-2700
Indiana Child Injury Lawyers 317-881-2700

Legal Rights of Injured Children

Kids are hurt every single day; it is a part of growing up and learning; learning to not touch a hot iron because it will burn, or learning to wear their knee pads when rollerblading to avoid skinned or scabbed knees. However, when kids are injured as a result of another person or entity’s carelessness, it is an entirely different scenario.

Dog bites, motor vehicle accidents, pedestrian accidents, medical malpractice, prescription drug errors, medical misdiagnoses, swimming pool accidents, and negligent supervision are all common scenarios of negligent children accidents and fatalities. When a negligent accident causes harm or death to a child, the guardians and parents need to know their legal options and rights.

Personal Injury Claims for Children

In each and every situation that a child is injured negligently, there must be proof that someone or something acted carelessly, causing the accident and subsequent injury. If a legal representative, or personal injury lawyer, can establish this evidence or proof, the family of the minor and the minor may be legally entitled to compensation for their child’s injuries and damages.

Compensation is meant to cover past, present, and future medical expenses, hospital bills, prolonged rehabilitation, wrongful death, pain, suffering, mental anguish, trauma, and much more.  If the minor was old enough to be employed, they are entitled to compensation to cover lost wages from work as well. If the child is too young to be employed, the parents or guardians are entitled to lost wages reimbursement and more.

Wrongful Death Cases

When a child is taken due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating lawsuits, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed Indiana child injury lawyer for professional legal advice.

How to Make an Injury Claim for a Child in Indiana

If your child was recently injured in an accident, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Our seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience, and can help you recover compensation for your damages and losses. Schedule a free
consultation, today.

What to Bring to a Personal Injury Consultation

As your initial personal injury consultation approaches, it is wise to begin preparing. Although the majority of the responsibility regarding your claim lies in the hands of your trusted law firm, there are certain duties of your own that must come first in order to get your case started on a strong track. Part of this duty is to be prepared for your initial appointment by bring in documents, evidence, questions, and more.

Continue reading to learn what you should have ready to bring with you to your initial personal injury consultation.

Indianapolis Personal Injury Lawyers 5
Central Indiana Personal Injury Law Firm 317-881-2700

Most personal injury law firms offer the first consultation for free to openly discuss your accident and related losses, determine how strong of a case you have, and similar preliminary topics. For this meeting, you, whether the actual accident victim or relative/spouse, will need to have certain items on hand. If you cannot come by these items or documents, there is no need to worry; you can still have an effective consultation so long as you have chosen a reputable and skilled Indiana personal injury law firm to represent your case.

Here are some items and information you should have ready:

Medical Assistance Information – Admission and discharge papers, etc.

Medical Contact Information – names and phone numbers/addresses of all medical providers, ie. ambulance, emergency room, primary care physician, specialists.

Medical Bills – Hospital stay, medications, treatments, tests, surgeries, physical therapy, etc.

Missed Work Dates Due to Injury and Recovery – Including one month of pay stubs prior to accident date if available.

Witness Contact Information-phone number, name, address…

Insurance Adjuster’s Contact Information – name, address, phone number, claim number…

Insurance Policy Documents – Car (if an automobile collision) and medical (health insurance information for the injured party)

Copy of the Police Report – (if available)

Tangible Evidence (for injuries and opposing party’s vehicle if applicable) – Photos of vehicles, scene and injured party, videos and objects from the scene.

What To Do Now

Once the lawyer evaluates the list of documents and evidence you’ve provided, they will determine whether or not your case is strong enough to proceed to the next step in the personal injury litigation process. See our blog, “How to Set Your Personal Injury Claim into Motion” to learn what to expect from the initial claims process. After being injured in an accident, it is understandable that coming by a large amount of evidence, paperwork, and more, can be overwhelming.

If you are having trouble collecting such documents, your personal injury lawyer can help and do not worry.  Some evidence and information can be obtained at a later date and from other various sources.

Indianapolis Personal Injury Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your Indianapolis personal injury claim. We are seasoned accident attorneys who represent a wide range of injured victims, including those hurt in car accidents, workplace accidents, slip and fall accidents, and much more. Request a free consultation, today.

Construction Site Accidents and Injury Claims

Usually when you think of someone getting hurt at a construction site, you automatically assume it is a worker. Although most construction site accidents do involve injuries to workers and we typically represent injured workers, there are still many cases of non-workers becoming construction site accident victims, whether they just passed by at the wrong time, or fell victim to a neglected hazard.

If you are an injured victim of a construction accident, continue reading to learn some important information that could be relevant to your case.

Construction Site Accident Lawyers 317-881-2700
Construction Site Accident Lawyers 317-881-2700

Situations like these tend to happen more often in cities where construction site management teams have difficulty separating their building projects from the general public. Regardless of this challenge, builders and contractors still have the responsibility to protect regular citizens/non-workers from harm and danger.

Guarding public safety always plays a major role in any company’s construction safety management plan. In fact, cities and towns require builders to adhere to rules and regulations governing the protection of the general public. Some local regulations obligate construction managers to appoint a safety manager on-site to be sure nothing is overlooked. Part of a construction site safety plan must implement certain preventative measures to create well-defined boundaries, including fencing and gates to block non-permitted individuals, as well as, DO NOT ENTER signs, warning signs, and more.

Common Construction Site Hazards and Accidents

There are many things that can go wrong on a construction site. Aside from all the dangerous machinery, tools, and materials used to complete a project, coupled with risky work locations, there is also human error and negligence to consider. Some of the most common types of construction site accidents involve falling objects, machinery defects, slip and falls, and traffic accidents.

Falling Objects – Falling objects can severely injure and even kill a person. Whether from a short or long height, falling objects can be equally detrimental. To prevent falling object accidents, construction site management should have sidewalk sheds cover walkways, as well as, netting to catch any potential falling debris or objects.

Falling in Holes – Holes are a common cause of accidents on construction sites. People, both workers and regular citizens/non-workers, have literally fallen victim to unmarked or unguarded holes, trenches, and other deep cavities dug into the ground.

Traffic Accidents – Not only can workers and pedestrians be harmed by such equipment, drivers can too. When construction zones are not sufficiently policed or marked or clearly defined to the general public, it can lead to drivers veering onto a construction site and in harm’s way, or worse.

Construction Site Accident Claims

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

If you were hurt in a construction site accident in Indiana, whether as an ordinary citizen or a worker, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn how to obtain compensation for your injuries and damages. Our seasoned personal injury lawyers can obtain a full and fair settlement to cover your medical expenses, hospital bills, lost work wages, pain, suffering, and more. We offer free initial consultations, so there is no obligation to simply discuss your potential claim. Best of all, we work on contingency, which means you pay nothing unless we recover a settlement for you!

Important Social Media Advice for Injury Victims

As an injured victim involved in a pending personal injury claim, your social media choices can directly affect the outcome of your case. It is strongly advised to discuss social media “do’s and don’ts” with a seasoned accident attorney who can give you proper guidance on how to conduct yourself on popular sites like Facebook, Twitter, Instagram, and more, without compromising your rights to compensation.

Continue reading for some brief advice on this topic, as well as, who to call for trusted personal injury representation and counsel after being hurt in an accident.

Indianapolis Personal Injury Lawyers  317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Social media is a very popular and common hobby for many people all across the world. Such sites allow you to put personal information online, including your photos, your history, your residence, your location, and more. Although social media is fun and makes it easy to communicate with those in your life, it can also be quite risky. This is especially true for anyone involved in a pending legal case or lawsuit.

Social media posts can now sometimes be permitted to be used as evidence in legal cases since they are accounts and paper trails of part of a person’s life. For instance, if a person is being charged with a crime but insists they have an alibi, they could use a social media posting or photo to prove they were in fact, not at the scene of the crime they are suspected of committing.

However, in the case of a personal injury claims, it usually has the opposite effect; rather than showing a person of interest was somewhere else when the alleged crime was committed, it can actually provide the defense something to pick up on and argue against the injured victim. For example, if you say you have back pain after a car accident, but then post a video of you on Instagram standing up for an hour at your daughter’s softball game, it could be used against you in personal injury negotiations.  The defense would argue how hurt were you really if you could do that.  However, most parents are willing to endure some pain to not miss something important to their daughter and since most people do not post videos of themselves hurting or in pain, there won’t be a video or photos taken of how you were feeling after that hour on your feet.

Here is What You SHOULD NOT Do on Social Media as an Injured Victim:

First and foremost, the best advice is to refrain from all social media activity throughout the duration of your case. This even includes writing online reviews on Google, Yelp, Angie’s List, Ebay, and more. For example, you wouldn’t want to review a new gym or pair of high heeled shoes after being injured in an accident because again, that could be twisted into an argument by a defense attorney. If you must take part in social media, here is what you should never do:

Do not post information about your accident or incident. This includes descriptions, photos, videos, articles, and even comments.

Do not post anything that arguably implies your injuries are less serious than you claimed. Comments and photos can be taken out of context and used to argue that you are not seriously injured or entitled to a full settlement.

Do not make any comments.  Defense attorneys will use any comments you make and try to twist the meaning of the comments. Even making a claim that you were tired or sore from the gym would be used against you, even though that is normal and even if what you left out of the comment was that you could not do your full workout routine because of your injuries.

Do not make insulting comments or complaints about anyone or any company involved in the case, including the insurance companies, adjusters, opposing parties, attorneys, cities, and more.  There is nothing to be gained be venting your frustrations with how the opposing side is not just simply doing the fair and honorable thing.

Do not accept new friend requests from strangers. It could be an insurance investigator, even disguised as someone else, with the intention of obtaining information that could arguably be used against you.

Who to Talk to About Your Accident Claim

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were negligently injured in Indiana. Our seasoned Indianapolis accident attorneys are well-versed in various areas of tort law and can help you obtain the full settlement you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to get started, today.