Tag Archives: Indianapolis Workplace Injury Lawyers

How to Bring a Third Party Claim After a Workplace Injury in Indianapolis

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After being injured in the job, employees are generally eligible for workers’ compensation benefits, which are basic and only cover the injured party’s damages in a limited fashion. But what if an employee’s accident was another party’s fault other than their employer or company? This is common in the case of car accidents, such as a negligent driver causing a serious collision with a truck driver who is on the clock and operating the company vehicle. Additionally, what about the other types of losses suffered by injured workers that are just as significant and impactful, like mental anguish, pain, and suffering? Worker’s compensation benefits do not usually pay out for such damages.

Fortunately, injured workers harmed by another’s negligence other than their employer or a co-employee can pursue a third party claim to obtain the full and fair amount of compensation they deserve for ALL their damages and losses. If you were recently injured at work you can bring a workers’ compensation claim to recover benefits for your medical expenses, bills, some of your lost wages and if you have been permanently injured, you can also receive limited amounts for the permanency.  If you are injured while working through the fault of a third party who is not your employer or a co-employee, you can make a claim for all your damages.

Continue reading to learn more about third party personal injury claims and how to get started on yours.

Indianapolis IN Personal Injury Law Firm 317-881-2700
Indianapolis IN Personal Injury Law Firm 317-881-2700

Third Party Claims for Injured Workers

Third party claims are important for workers who are injured on the job by another party separate from their company or employer. In such situations, not only should an injured worker accept workers’ compensation benefits after an accident on the clock, but they should also seek additional compensation from the separate party who caused their accident and ensuing damages.

In order for your third party claim to be successful, you will need a skilled and experienced personal injury law firm representing your case. As the claimant, you hold the burden of proving your case, including the defendant’s duty of care, their negligence, your resulting injuries, and overall damages and losses.

Who to Trust for Third Party Workplace Injury Claim Help in Indianapolis

The Law Office of Craven, Hoover, and Blazek P.C. is your source for trusted personal injury workers’ compensation representation in Indianapolis, Indiana. Our seasoned accident lawyers have represented numerous workers’ compensation, workplace accident cases and third party cases resulting from injuries to persons that occurred while the person was working, including Spanish speaking workplace accidents. We have the proper skills, legal resources, finances, and more to obtain fair and full relief for workplace accident victims.

This assures our clients that they have entrusted the right law firm for their work-related injury lawsuit. Our history shows that we work hard to fight for and protect our client’s rights, while recovering all funds and benefits they are rightfully entitled to. We offer free initial consultations and charge no fees unless we win compensation for you.

Are you ready to get your claim in motion or learn more about your rights? Contact us today at 317-881-2700 to schedule a free initial consultation with a licensed workplace accident lawyer in Indianapolis, Indiana. We serve clients state-wide, and never collect attorney fees unless we prevail for you.

You Should Also Read:

Difference Between Third Party Lawsuits and Worker’s Compensation Claims
FAQS About Having to Go Back to Work After a Workplace Injury
How to Try to Prevent a Heavy Lifting Injury at Work

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

What Benefits Am I Owed For My Workplace Injury Claim in Indiana?

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Do you know how much compensation you can receive for your recent Indiana workplace injury? Continue reading to find out.

Workers' Compensation Lawyers 317-881-2700
Indianapolis Workplace Injury Lawyers 317-881-2700

Facts For Injured Workers

Here in Indiana, those injured at work are entitled to a certain set of benefits, all of which are incredibly necessary and valuable to the overall recovery of an injured worker. Among the benefits available to injured workers, compensation for wage replacement and medical treatment are the most vital. Many injured workers wonder how much compensation they are owed for their workplace injury claim in Indiana, but the answer varies depending on a wide range of legal factors. Most often, workplace injury claim settlements are influenced by the nature of the victim’s injuries, the extent of their permanent limitations as a result of the workplace accident, their capacity to return to the work field, and much more.

In Indiana Injured Workers Can Receive Benefits For:

➤ Lost Wages
➤ Permanent Disability
➤ Wrongful Death
➤ Medical Treatment
➤ Vocational Rehabilitation
➤ Gas Mileage For Doctors Appointments (depends on conditions)

For a better understanding of how workers’ compensation settlements might be calculated, you must discuss your particular claim with a trusted and experienced Indiana workers compensation lawyer.

Workers’ Compensation Limitations

Although Indiana provides financial relief for injured workers, there are still certain degrees of limitations set on the amount of benefits an injured worker can receive. In fact, starting in July 2016, Indiana enacted a new law that set a maximum weekly worker’s compensation payout of $780 per week. Furthermore, certain types of damages and losses might not be compensated under worker’s compensation law, such as pain-and-suffering or mental anguish.

Temporary Disability Benefits

When an injured worker is recovering from their injuries, they can receive temporary disability benefits since they are temporarily disabled as a result of the workplace accident. In Indiana, there are two types of temporary disability benefits and injured worker might be eligible for: Total Temporary Disability (TTD) and Partial Temporary Disability (PTD).

Total Temporary Disability (TTD) – These benefits make up two-thirds of an injured worker’s average weekly pay. Injured workers continue to receive total temporary disability until they return to work in any scope, achieve maximum medical improvement (MMI), neglect to appear for doctor’s examination ordered by the insurance company, refuse a reasonable job offer, or reach 500 weeks of benefits.

Partial Temporary Disability (PTD) – These benefits are granted to injured workers in the case that they can return to work, but are unable to make the same wages as they did prior to the workplace accident. They make up two-thirds of the difference between a worker’s pre-injury and post-injury earnings. An injured worker can receive up to 300 weeks of partial temporary disability benefits.

Take note that temporary disability benefits are not paid for the first week unless an injured worker must take at least three weeks off work. If you feel that the insurance company cut off disability benefits too early, contact an Indiana workers compensation attorney right away.

Permanent Disability Benefits

Aside from temporary disability benefits, an injured worker might further be entitled to permanent disability benefits. Similar to temporary disability benefits, Indiana provides two distinct types of permanent disability benefits: Permanent Total Disability (PTD) and Permanent Partial Impairment (PPI).

Permanent total disability (PTD) benefits are granted when an injured worker’s resulting condition prevents them performing any type of work. They are two thirds of a worker’s average weekly pay, but only up to the state maximum benefit. In fact, they would be the same as their temporary total disability (TTD) benefit. These benefits are not considered until an injured victim’s doctor determines they have reached maximum medical improvement (MMI). Maximum medical improvement is when an injured person can no longer improve their condition with further medical treatment.

Indiana provides two forms of Permanent partial impairment (PPI) benefits: Scheduled Loss Benefits and Unscheduled Benefits. Injured workers are entitled to permanent partial impairment benefits whether they lose time off work or experience a decrease in earnings. PPI benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, TTD benefits paid over 125 weeks are deducted from PPI payments. Like permanent total disability benefits, PPI benefits are not considered nor eligible until a patient reaches maximum medical improvement. Stay tuned for an upcoming blog that will cover scheduled and unscheduled workers compensation losses in further detail.

Wrongful Death Benefits

In the case that a workplace accident results in a worker’s wrongful death, their immediate family or dependents are entitled to certain wrongful death benefits in Indiana. Payout for wrongful death benefits are equivalent to two-thirds of a worker’s average weekly pay, or up to the state’s maximum, and they can be paid up to 500 weeks.

How to Calculate Your Workplace Accident Claim Benefits

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed workplace injury lawyer in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured at work. We represent injured workers throughout the State of Indiana.  Best of all, we only collect lawyer fees if we obtain a settlement or judgment for you!

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

Standard Workers’ Compensation Benefits You Can Expect

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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.

Winter Slip and Fall Prevention Tips for Employers

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This time of year, one of the most common injuries that take place at work are caused by slip and fall accidents. For this reason and more, it is necessary to prepare your premises for inclement winter weather by ensuring workplace safety all season long. Otherwise, you risk an assortment of financial and legal consequences, and worst of all, injured employees. The good news is, right now is the perfect time to start this initiative since the snow hasn’t arrived yet!

Continue reading to learn what you can do to winter-proof the workplace, including how to promote winter safety awareness among your employees.

Indianapolis Workplace Injury Lawyers

Indianapolis Workplace Injury Lawyers 317-881-2700

Employer Consequences for Winter Slip and Fall Accidents

As an employer, you have a grave responsibility to keep both employees and patrons safe from hazards. And in the winter time, this responsibility requires even more attention since accidents are more likely to occur. According to the U.S. Bureau of Labor Statistics, in 2016 there were more than 20,500 workplace slip and fall injuries that resulted from conditions brought on by ice, sleet, and snow. Of these numbers, the U.S. Bureau of Labor Statistics estimated that 28% resulted in more than 30 days off work for victims.

These numbers should be a wake-up call to you as a business owner, and for many reasons. Workplace slip and fall accidents can result in very serious injuries, including broken bones, herniated discs, concussions, head injuries, brain injuries, and paralysis. Not only do these injuries severely impact an employee’s life, they can also have a significant negative impact on the company and business owner too. Possible employer consequences for winter workplace slip and fall accidents include:

⇢ Reduced Company Productivity
⇢ Higher Workers’ Compensation Costs
⇢ Replacement Employee Costs
⇢ Overtime Payments for Remaining Employees

Winter-Proofing Tips You Need to Know

In order to protect yourself, your staffs, and your company from the negative impact of slip and fall accidents, you must ensure that all hazards are eliminated and employees are well-aware of winter safety practices. Here are some things to look out for and manage before the winter precipitation is here:

⇒ Snow Removal Management:

Meet with your snow removal provider and maintenance staff, and make a concrete plan for snow and ice management. Be sure they understand the protocol you expect, including which entrances and areas to clear first. Also go over an accountability plan to avoid staffing problems and poor workmanship.

⇒ Outdoor Maintenance:

Handle all needed outdoor repairs that can turn into winter hazards before the winter precipitation begins. This includes parking lot surface damage (potholes, lamp posts, road marks, etc.), poor lighting, uneven walkways, curbs, ramps, handrails, staircases, plumbing pipes, water leaks, and more. By repairing these areas, you increase the safety of your exterior premises.

⇒ Indoor Maintenance:

Turn your attention to the interior and be sure to eliminate the possibility of slipping on wet floors. Implement warning signs and floor fans for entrances that collect melted snow and ice, ensure that all indoor lighting is sufficient, incorporate beveled floor mats to trap excess water, and keep some extra floor mats around to replace the saturated ones. This includes cleaning up all spills and puddles immediately. Also in the interior, eliminate any tripping hazards, such as electrical cords, torn carpeting, poor lighting, obstructed walkways, and anything else that can cause someone to trip and fall.

Indianapolis Workplace Injury Lawyers

Craven Hoover Blazek Personal Injury Law

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a workers’ compensation claim in Indiana. Our seasoned Indianapolis workplace injury lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries at work. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started, today!