Do Remote Employees Qualify for Workers’ Compensation if Injured at Home?

Posted on June 14, 2022 by admin

The pandemic certainly changed the dynamic of the workforce. Many offices and professional businesses have leaned into the work-from-home strategy, finding that remote workers are happier, and therefore, produce higher quality work. Plus, incorporating remote staffing into a compatible business model can deliver a wide range of benefits in terms of overhead expenses and bottom lines.

Nonetheless, being that the telecommuting office strategy allows employees to work from home, the potential for blurred lines and boundaries are ever present. One such area of concern or confusion involves workplace injury liability.

Do remote workers qualify for workers’ compensation benefits if they are injured at home? Continue below to explore this topic further.

Workers' Comp Attorney Indianapolis Indiana 317-881-2700 — Workers’ Comp Attorney Indianapolis Indiana 317-881-2700

Workers Compensation for Work-From-Home Employees

Employees who work from home get to enjoy all sorts of concomitant perks, like not sharing a bathroom with a dozen other coworkers or spending more time with the family pet. But do these workers also get workers’ compensation perks if they are injured at home? The answer really depends on the circumstance and timing of the accident that caused the injury.

Scope of Employment

At-home workers are generally entitled to all the same benefits and protections as on-site workers. This also applies to workers’ compensation benefits. Whether an employee works from home or not, in order to be covered under workers’ compensation, they must have been injured while performing work-related duties. This is referred to as “scope of employment.”

For instance, if an employee leaves their house in the middle of the workday to go grocery shopping, and during which is injured, they are not covered under their company’s workers’ comp policy because they were not performing a work-related duty.

Oppositely, if the employee leaves the house to perform a work-related duty, like show a property to some potential buyers or make a delivery, then they should be eligible for workers’ comp benefits after sustaining an injury during the process.

So, if a remote worker is injured inside their house while performing work-related duties, they may qualify for workers’ compensation benefits so long as the work-related duty falls within their scope of employment. Common examples of work-from-home accidents include car accidents, slip and falls, back and neck injuries caused by poor posture, repetitive stress injuries (i.e. carpal tunnel syndrome), and possibly mental stress.

Who Might Be Ineligible for Workers’ Comp?

There are many cases in which an injured-at-home employee is disqualified from workers’ compensation coverage, such as causing the injury themselves or maintaining a hazardous at-home workplace environment. In fact, OSHA does not have any regulations that require business owners to inspect or sign off on their staff’s work-from-home offices. Additionally, if a remote worker is injured at home as a result of a hazardous at-home workplace, the business owner would likely not be liable.

It is important to note that certain vocations are not covered by workers’ compensation benefits, such as domestic workers (i.e. nannies, babysitters, housekeepers), agricultural workers, and independent contractors.

Were you recently injured on the job? Talk to a licensed and experienced personal injury lawyer to learn all about your rights to collecting a full workers’ compensation settlement. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

What to Do if Your Boss Does Not Want to Report Your Workplace Injury

Posted on April 18, 2022 by admin

Workers’ compensation injury claims in Indiana involve several complex laws and legal jargon that can quickly confuse anyone who does not retain a basic understanding of both worker compensation laws and tort law. However, if you are a recent workplace injury victim, you can be clear on one fact: getting hurt on the job means you do get medical treatment and you do get compensation. Although Indiana employers are legally required to maintain adequate worker’s compensation insurance, sometimes a boss can be hesitant about reporting a workplace injury; some might even flat-out refuse. If your employer is refusing to report your workplace injury, reinforce yourself with the right facts, starting right now.

Continue reading to learn what to do if your boss does not want to report your workplace injury, plus who to contact for worker’s compensation injury claim advice and representation in Indiana.

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Your Responsibilities as an Injury Worker in Indiana

When you are injured on the job, you are protected under law in terms of receiving benefits like medical treatment and compensation. However, you still have certain responsibilities to uphold yourself if you want to be eligible for worker’s compensation benefits.

First, do not assume that your employer is aware of your accident and injury. If you fell off of a 10-foot scaffold and had to be transported to the hospital via ambulance, it is likely that your boss would know about it. But no matter how obvious and dramatic your accident is at work, never presume that your employer knows and intends to report it.

Even if your injuries are minor, it is important to report the accident. Although you’re probably not going to report paper cut or a stubbed toe, seemingly innocuous incidents like bumping your head or taking a tumble over some scattered construction scrap can lead to injuries that appear later on. If you wait too long to report your injury because you don’t think you’re hurt, it will make it more difficult to prove your workers’ compensation benefits claim. Always report an accident that causes injury right away, so that you can at least have it documented on a timeline.

Your Employer’s Responsibilities

Employers are required by law to report most injuries to workers on the job site. Simply put, if your boss doesn’t report your workplace injury, they are breaking the law. Not only is your employer required by law to report your injury, but they are required to report it within a certain amount of time. As soon as you notify your boss that you have been her on the job, they should file a DWC-1 form with the state’s workers’ compensation board called a First Report of Injury. Most states give employers 30 days to file this form, however there are some states that only give employers one week.

When Your Boss Refuses to File a Work Injury Report

Workers’ compensation insurance works very similar to automotive insurance in that, the more claims you file, the higher your premiums are. Employers can sometimes be hesitant to report workplace injuries to the state board because they selfishly don’t want their policy rates to increase. Other times, employers refuse to file a work injury reports because they believe that the employee is lying about being hurt or they don’t think the injury is serious enough to warrant a formal report. Either way, it is their legal duty to report the injury as soon as you notify them, no matter how they feel about the situation.

✘ DO NOT USE YOUR PRIVATE INSURANCE FOR WORK INJURIES

Did your employer ask you to use your private health insurance for your workplace injury, medical treatment? Do not do this under any circumstances! When you see your doctor, explain to them that you were injured on the job while performing work-related duties. Get this on record as soon as possible to protect your rights to workers compensation benefits. Your employer’s worker compensation carrier usually gets to control what doctors you see.

✘ DO NOT ACCEPT PAYMENT FROM YOUR BOSS

Did your employer offer to pay you under the table for your medical treatment? Do not accept it! It is very possible that your workplace injuries can persist for quite some time, which would entitle you to compensation for past, current, and future damages. Accepting payment under the table is risky because you don’t know when the money will stop coming your way. It might also revoke your right to pursue workers’ compensation benefits.

Are you looking for an Indiana personal injury law firm that specializes in workers compensation cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced workers’ compensation lawyer in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

Is a Personal Injury Claim the Same as a Workers’ Compensation Claim? Claiming both?

Posted on March 15, 2022 by admin

After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.

Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.

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The Requirement of Fault in a Tort Claim

One of the most fundamental elements of a tort case is fault. An entity (person, corporation, company, government agency, etc.) that is to blame for a civil wrongdoing can be held responsible, and thus their insurance carrier would be responsible for paying out any settlement or judgment, for paying out damages to the surviving victim or family of victims under Tort Law. However, the question of fault is one of the most important and primary differences between a personal injury claim and a workplace injury claim.

Personal Injury Claims Must Prove Fault

To recover damages in a personal injury case, the claimant party (the victim or family of victim) holds the burden of proving fault, meaning they must demonstrate that the opposing party was negligent or wrong in some way, which directly caused them harm. General damages awarded in personal injury cases include medical expenses (past, current, and future), hospital bills, lost wages from time off work, and similar calculable losses related to the victim’s accident and/or injuries.

However, special damages may also be awarded in a personal injury case for pain and suffering, mental anguish, permanent scarring or disfigurement, loss of earning capacity, loss of enjoyment of life, and similar losses that cannot be added up on a calculator.

Workers’ Compensation Claims Do Not Require Fault

A workers’ compensation claim does not require the injured party to prove fault. In fact, no fault needs to be established whatsoever, even in respect to OSHA violations and negligent or reckless management. Regardless of fault, injured workers can be entitled to workers’ compensation benefits, so long as they file a workers’ comp claim.

General workers’ compensation benefits include coverage strictly for quantifiable losses, like weekly earnings, hospital bills, medical expenses, permanent impairment benefits (if applicable), and vocational rehabilitation. Injured workers cannot generally sue their employer or employees for pain and suffering damages. There are exceptions to the rule, such as in the case of egregious or intentional torts.

Making Claims for Both

There are also situations where an injured party can make both a worker compensation claim and a tort claim at the same time. For example, if a pizza delivery driver is delivering a pizza when he or she is rear-ended by another vehicle. The injured driver could make a worker compensation claim through his employer and their insurance carrier since he was injured while on the job. The injured worker could also seek a recovery under tort claims law from the defendant driver who rear-ended his vehicle and that person’s insurance carrier since he was injured as a result of tortious conduct by a person he was not employed by.

Talk to a Licensed Accident Lawyer in Indiana

When it comes to pursuing compensation after an accident or injury, it is best to consult with a seasoned Indiana personal injury lawyer who can explain your rights to recovering damages in a language you can clearly understand. It is also important to act fast because there are statutes of limitations on personal injury claims and evidence needs to be obtained before it disappears.

Would you like to speak with a trusted and experienced personal injury lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. We represent clients throughout Indiana and Indiana citizens injured anywhere and can meet over the phone, via the internet, or in person at our Indy-based office.

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Can I Quit My Job if I Am on Workers’ Compensation?

Posted on February 25, 2022 by admin

Are you currently receiving workers’ compensation benefits from a recent workplace or work-related injury? If so, it might be in your best interest to maintain your employment for the time being. Wanting to quit your job after suffering injuries in a workplace accident is understandable, but when you are on workers’ comp, it is not always the wisest choice.

Continue reading to learn more about workers’ compensation benefits, and how quitting your job could cause issues.

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Employment and Workers’ Compensation

Whether you can quit a job you are receiving workers’ compensation benefits at depends on a wide range of factors, from the state you live in and the status of your recovery to the benefits you are eligible for, why you wish to leave your position, and much more. For this reason, and because the matter of maintaining employment while on workers’ compensation is not a cut-or-dry matter, it is strongly encouraged to seek advice from a licensed and qualified Indiana workplace injury lawyer.

Medical Expenses and Hospital Bills are Covered Under Workers’ Comp Benefits

If you are injured on the job or while performing work-related duties, all of your medical expenses and hospital bills will be covered under your workers compensation benefits. Even if you quit your job, these benefits are still available to you. After all, your injuries from your work-related accident do not suddenly heal themselves if you decide to terminate your position at your place of employment.

COMMON MEDICAL EXPENSES:

▶ Medical Treatments
▶ Hospitalization
▶ Surgery
▶ Rehabilitation
▶ Physical Therapy
▶ Medications
▶ Mileage to Doctor’s Appointments
▶ Medical Devices (Wheelchairs, Crutches, Braces, Etc.)

Once the worker compensation judge that you have reached maximum medic a l improvement (MMI), which means your condition cannot be improved by further treatment, your workers’ compensation benefits for medical expenses and hospital bills will at least partially end. The judge makes his or her decision based upon the opinion of the doctor chosen by the worker compensation carrier, your own physician and sometimes a physician chosen by the judge. However, this does not mean that all workers compensation benefits have been extinguished. As a result of your workplace accident and injuries, you could require compensation for future medical care, medications, medical devices, and other future losses, such as partial or permanent disability and loss of inability to return to full employment.

Coverage for Lost Wages

When an injured worker is recovering from a workplace accident, they are unable to earn wages in the same way they were able to before the accident. Workers’ compensation benefits are designed to cover such losses, thus bridging the financial gap between leaving work and returning to work. However, the essential term here is worker. If a worker quits their job, there is no returning to their job, which can cause them to lose their worker’s compensation benefits.

Temporary and Permanent Disability

There are different types of categories an injured worker can be placed in depending on the degree of their impairment. These categories include Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). With temporary disability benefits, an injured worker generally receives 2/3rds of their average weekly pay. Injured workers who have suffered permanent disabilities will generally receive a lump-sum settlement, but in other cases may receive continued worker’s compensation payments.

ADDITIONAL FACTS TO CONSIDER:

☑ Quitting a job while on workers’ compensation may have a negative effect on your settlement.

☑ Never quit your job before making a workers’ compensation claim.

☑ If you are classified as TTD, but your employer does not have light duty work available, you can still receive workers’ comp benefits.

☑ If you quit while receiving workers’ compensation benefits, this can cause issues.

You have the right to quit your job on workers’ compensation, and no one will stop you, but understand that there is a risk when it comes to receiving the full and fair benefits you deserve. Talk to a workplace injury lawyer first, before making any decisions about your employment.

Are you having trouble understanding your workers compensation benefits in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed and experienced workers’ compensation attorney in Indianapolis, Indiana. We offer free initial consultations, over the phone, via online video conference, or in person at our Indy office. Our accident lawyers represent injured persons all throughout the state of Indiana.

General Workers’ Compensation Benefits and How to Claim Them

Posted on February 15, 2022 by admin

An employer’s workers’ compensation coverage provides certain payments for those injured on the job. Continue reading to learn some of the most common workers’ compensation benefits, how to claim them after a workplace injury, and what you can do if they are not adequate to cover your damages and losses.

Worker Accident Claims Indianapolis Indiana 317-881-2700 — Legal Assistance With Worker Accident Claims – Indianapolis Indiana 317-881-2700

Workplace Injuries and Damages

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on what state the employer is located in and the extent of the injuries or damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills, permanent partial impairment rating (PPI ratings) and sometimes other damages.

Workers’ compensation should cover damages caused by a workplace accident or injury It is wise to hire an Indianapolis personal injury attorney who specializes in workers’ compensation cases to recover the full and fair recompense deserved.

Most Common Types of 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. Sometimes, personal injury cases can involve assault/battery, contracting a work-related illness or disease, experiencing an armed robbery or other gun related attack, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

☑ 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-400 Week Maximum)

☑ Benefits for Dependents in the Case of a Wrongful Death at Work

☑ Travel Expenses (If Applicable)

A Workplace Injury Lawyer Can Help You Recover the Most Benefits

There are sometimes 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. If you wish to recover the full and fair remuneration you and your family deserve after your workplace accident or injury, your best course of action is to hire a personal injury lawyer in Indianapolis who is well-versed and experienced in workers’ compensation cases.

A certified and skilled Indianapolis workers’ compensation lawyer can provide comprehensive case support from start to finish. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim so that your focus can be placed solely on your recovery. Just be sure the Indiana personal injury law firm you select employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This effort 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.

Not sure which personal injury law firm to choose for your workplace injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

Were You Involved in an Accident While Driving Your Company Car?

Posted on February 4, 2022 by admin

When it comes to work, there are okay workdays, good workdays, and even great workdays, but then there are those occasional bad ones, like being involved in a company car accident. Below you will find a guide on what you need to do if you are ever in an accident while driving your company car.

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Company Car Auto Accident Help

Driving from location to location for work poses the risk of being in an auto accident. If you are involved in a car accident in your company vehicle, there are some important steps you need to take. Before reviewing the guide to company car accidents, it is necessary to note that you should always have your updated car insurance documents in your vehicle at all times.

What to Do After a Company Vehicle Accident:

First, ensure that yourself and all other parties involved in the accident are not injured or still in harm’s way. Even if no one seems injured, contact 911 and request law enforcement to the scene. Try to get to a safer location, out of the way of traffic.

While waiting to police and medical technicians to arrive, use your cell phone to take pictures of the scene of the accident, including all property damages, intersections, road signs, and injuries. If you are too injured to do this, you can ask an officer, paramedic, or bystander to help.

When authorities arrive, accept medical examination and treatment from the paramedics, if necessary, then make a police report. Ask for a copy of the police report.

If you are capable, begin asking the other parties involved for their insurance and contact information. Take a photo of their insurance card to ensure accuracy. Do not talk about the accident to the other drivers or involved parties as everyone is not having a good day after a collision so tempers may exist. It is better just to talk to the investigating officer and tell them what happened.

Next, notify your employer of the accident. Do this as soon as possible. Because your company likely has their own procedures, insurance, and legal teams for these matters, you will need to communicate with them at the scene and see what they want you to do. If the car can be driven, they may have you return it right away. If it is not drivable, your employer will probably arrange a tow truck to collect the company car.

Your employer may require you to hand over all related documents and evidence, like photos, videos, police reports, witness statements, and more. Cooperate with these requests but try to keep copies for yourself.

Were You Injured and the Accident Was Not Your Fault?

If you were injured in a company car accident, seek medical treatment right away. See a licensed medical practitioner for your injuries and retain all documents supporting your medical diagnoses and treatment.

Your company may offer workers’ compensation be n efits. If they do, explore these benefits. If they take too long to complete your claim, reduce the value of your claim, refuse to cover additional medical treatments ordered by your doctor, you have suffered permanent disabilities, or deny you benefits altogether, it is important to hire a licensed workplace injury lawyer in Indiana. They can ensure that your rights to being fully compensated for your damages and losses are preserved. You are entitled to reimbursement for medical bills, hospital bills, lost wages, and more.

Are you ready to protect your rights to being fully compensated after being injured in a company vehicle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned workplace injury attorney in Indianapolis. We represent a wide range of cases for clients all across the state.

Facts About Electrocution and Electric Shock Accident Lawsuits

Posted on December 23, 2021 by admin

Electrocution and electric shock accidents are very serious, and unfortunately, more common than you think. According to the National Institutes of Health, virtually 1,000 victims lose their life to an electricity accident every year in the United States.

For the sake of better understanding this blog, note that electrocution accidents are those that result in death due to electric shock, while electric shock accidents are electricity accidents that do not result in death, but can result in a long list of severe bodily injuries and personal losses.

If you or someone you love is a recent victim of an electrocution or electric shock accident, continue reading to learn the facts you need to know about pursuing legal action against the negligent party responsible.

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Electricity Accidents

Electrocution accidents cause death when the electrical current coursing through the body is sufficient to stop the heart. An electricity accident victim who suffers a smaller current may be recovered using a defibrillator. Smaller currents of electricity can trigger an irregular contraction of the cardiac muscle, known as fibrillation. Larger electrical currents typically result in death, but sometimes they result in permanent injuries, such as burns and neurological and cellular damage.

The severity of an electric shock or electrocution accident depends on various factors, including the amount of voltage, the type of current, the type of circuit, how long the patient was in contact with the electrical current, the path the electrical current traveled through the body, how quickly the patient receives medical treatment, any underlying medical conditions, and more.

Common Injuries Sustained in an Electric Shock Accident

Electric shock accidents typically result in serious bodily injuries, primarily severe burns, but also:

◾ Cardiac Arrest
◾ Respiratory Arrest
◾ Spinal Cord Injuries
◾ Orthopedic Fractures
◾ Kidney Damages
◾ Peripheral Nerve Damage
◾ Cataracts
◾ Nerve And Tissue Damage
◾ Ruptured Eardrums
◾ Seizures
◾ Confusion
◾ Amnesia
◾ Loss Of Consciousness
◾ Psychological Suffering
◾ And More

Suing for a Wrongful Electricity Accident

If you or someone you love was wrongly injured in electricity accident in Indiana, whether a wrongful death caused by electrocution or serious injuries caused by an electric shock accident, it is important to consult with a seasoned personal injury attorney right away. You can be entitled to a settlement or verdict for your hospital bills, medical expenses, lost wages, prolonged medical treatment, pain-and-suffering, loss of consortium, permanent disfigurement, permanent disability, and much more.

Are you searching for a trusted Indiana personal injury law firm to represent your electricity accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled civil litigator and discuss your electric shock or electrocution accident claim in Indianapolis, Indiana. Act now before time runs out on your claim or evidence is lost to support your claim.

Who Do I Sue After Being Injured By a Semi-Truck?

Posted on November 30, 2021 by admin

Big truck accidents are far too common. Not only do they happen quickly, they also tend to result in severe property damages and bodily injuries. If you have been seriously injured in a car accident because of a negligent semi-truck driver or trucking company, protect your rights to a full and fair financial recovery by speaking with a large truck accident lawyer in Indianapolis as soon as possible. They can help you understand truck accident liability and determine the best approach to recovering the maximum settlement for your damages.

Continue reading to learn some facts about truck accidents, including who is usually liable and how to get started on your Indiana injury claim.

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Truck Accident Liability in Indiana

In most cases of motor vehicle collisions caused by large trucks, such as semis and Landolls, the trucking company is liable for the injured victim’s damages and losses. Most large truck drivers and operators are employees who work for a trucking company, but some are independent contractors known as owner operators. Either way, if a truck driver is negligent and their negligence causes a car crash that harms the driver and/or passengers, the trucker and their employer will be held legally responsible. In any event, any settlement or verdict would be paid by the defendant’s insurance carrier.

Thanks to a doctrine known as respondeat superior, all employers are accountable for their employee’s negligence. So, if a negligent truck driver causes a serious accident, the trucking company they work for would be sued, and the trucking company’s insurance plan would pay the settlement to the victim or victims.

But what about owner operators; you ask? Well, thanks to Federal regulations, all trucking companies are responsible for their employee’s negligent acts, even if they are contracted out. So, if an independent trucker is hired to carry and transport a load for a trucking company, the trucking company would be liable in the case of a negligence act or accident.

Warning to All Truck Accident Victims

If you or your loved one was recently injured in a car crash that was caused by a negligent or careless trucker, it is critical to understand that the trucking company’s insurance carrier is not your friend. Their primary role is to pay as little as possible to accident survivors.

For this reason, it is vital to hire a specialized personal injury lawyer to represent your trucking company accident claim in Indiana. Act now, however, before evidence is lost to support your claim, or time runs out to file.

Not sure which personal injury law firm to trust with your financial recovery in Indiana? Skip the search and go straight to the esteemed and trusted professionals and associate legal teams at the Law Office of Craven, Hoover, and Blazek P.C.! Contact us at 317-881-2700 to schedule a free case evaluation with a seasoned truck accident lawyer, today. No need to travel, as we can hold meetings over the phone or via online video conferencing if needed.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Common Warehouse Accidents Covered By Workers’ Compensation

Posted on November 26, 2021 by admin

Warehouses generally store large inventories and heavy machinery, plus utilize every bit of cubic square footage, making for very great heights and other dangers. Furthermore, warehouse workers usually have a more rigorous workload involving specialized duties that pose several hazards of their own.

More than many other industries out there, warehouse work presents a higher frequency of accidents and injuries. If you are a warehouse worker, it is important to ensure you are protecting yourself on the job as much as you can. Your employer and other employers and their employees should also be seeking to make the premises and job as safe as possible for all people who work in the warehouse.

Continue reading to learn more about these common warehouse accidents and how to get legal help understanding your workers’ comp benefits as an injured warehouse employee in Indiana.

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Third-Party Liability For Warehouses Accidents

Because there are usually more than one employer and their employees working at a warehouse, sometimes an injury is caused by someone other than a co-employee. If this occurs, the employer or third-party can also possibly be held liable for the injuries caused, if they were caused by negligence. It is vitally important to have the facts on exactly how your injury occurred reviewed by an attorney to determine if you have a third-party case, in addition to a worker compensation case, as what you can recover for damages can be different and more substantial if you also have a third-party case.

Common Workplace Accidents in Warehouses

Some of the most common accidents that happen to warehouse workers and staff include slip and fall accidents, forklift accidents, loading dock accidents, and even overexertion. Fortunately, these accidents and more should be covered by your workers compensation benefits.

Slip and Fall Accidents

The Department of Labor suggests that the number one cause of warehouse injuries is due to slip, trip, and fall accidents. This includes fall accidents from great heights, such as scaffolding, elevators, or stairwells. The Department of Labor reports that slip and fall accidents make up for 25% of workplace warehouse accident claims and 15% of workplace fatalities. They also estimate that 95 million working days are lost because of slip and fall warehouse accidents.

Forklift Accidents

Most warehouses require forklifts and similar types of machinery to move and organize their heavy palettes and boxes of inventory. Forklifts are large and motorized construction vehicles that can only be operated by those who are properly certified. But even with proper qualifications and training, workplace forklift accidents happen all the time. According to the Occupational Safety and Health Administration, approximately 35,000 serious forklift accidents occur annually in warehouses all across the country. Of all the warehouse fatalities that are reported each year, nearly 16% are a result of forklifts.

Loading Dock Accidents

Aside from unsafe surfaces, great heights, and motorized machinery, loading docks are another common workplace hazard. Dockworkers have reported injuries from slipping, falling, getting pinned between objects, large objects falling on top of them, or being injured by a forklift or other kind of motorized warehouse equipment.

Overexertion

Although not typically recognized as a type of workplace risk or injury, overexertion is a common type of physical suffering experienced by warehouse workers across the nation. Warehouse work is normally heavy-duty labor, involving lifting, pushing, pulling, twisting, building, and all sorts of repetitive movements.

Additionally, warehouse workers tend to keep very long hours, with an average of 10 to 12 hours a day. As a result of all this hard and repetitive labor, certain areas of the body can take on significant stress, including backs, necks, shoulders, elbows, knees, wrists, and joints. Overexertion injuries are typically covered by workers compensation benefits.

Are you an injured warehouse worker in Indiana who needs help understanding your workers’ compensation benefits? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation regarding your Indiana workplace injury, today. We serve clients all throughout the state. Again, if you were injured at work and the incident was the fault of anyone other than a co-employee, you would also have a third-party claim so it is important to contact an attorney right away.

Is My Job-Related Injury Covered By Workers’ Compensation?

Posted on November 2, 2021 by admin

After being injured in a job-related accident, you might be wondering if you qualify for workers’ compensation benefits. Continue reading to learn what you need to know about collecting workers’ compensation after a workplace injury, including how to recover the maximum benefits for your damages and losses.

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Qualifying for Workers’ Compensation Insurance

Employers are required by law to have sufficient workers’ compensation insurance or be adequately self-insured. Accordingly, the majority of workers are covered by workers compensation insurance, with the exception of crew members on vessels and railroad workers.

Even if a worker is partially or fully at-fault for their accident, they are still covered so long as the accident occurred on the job while performing work-related duties. Job-related accidents that occur off-site are also covered, such as deliveries, business meetings, and job-related teaching or training.

So, whether you are teacher, factory worker, grocery clerk, or doorman, you should be eligible for workers’ compensation benefits if you are injured in a job-related accident. To qualify for workers compensation benefits, you must be a paid employee, not an independent contractor.

Employees Versus Independent Contractors

Independent contractors are quite different than an employee, and the distinctions between them are important to understand when it comes to filing a workers’ compensation claim after being injured on the job. It is critical to speak with a workers’ comp lawyer in Indiana to learn your rights to such benefits before accepting any type of settlement or financial offer.

When considering your eligibility for workers compensation benefits after a job-related injury, you must ask yourself, “am I an employee or an independent contractor?” The answer will determine which type of workers’ compensation insurance coverage, if any, you receive.

There are tests used to determine if a person is an employee or an independent contractor, regardless of what the employer calls that person.

Worker Compensation Case and Third-Party Liability Case at the Same Time

An example of this would be a pizza delivery person injured making a delivery by being rear-ended by another vehicle. The employee would have both a worker compensation claim and a claim against the person who rear-ended their vehicle.

Are you looking for a skilled Indiana workers’ compensation lawyer for help with your recent job-related accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get your free case evaluation set up as soon as possible. Speak with an experienced workplace injury attorney over the phone, via online conferencing, or in person at our Indianapolis personal injury law firm.