Can I Recover Compensation for Lost Wages After My Personal Injury Accident?

A wrongfully injured personal injury victim experiences several losses after an accident, but a significant types of damages they suffer is the loss of paychecks from missing time at work. Often times, wrongfully injured victims face financial challenges since they are not bringing in the same, steady income they were before. For those who are primary care-takers of their families, this is an added burden. Fortunately, wrongfully-injured victims can prove their lost wages in a personal injury lawsuit, and thus, be awarded compensation for the paychecks they would have received, and possibly future lost wages as well.

Continue reading to learn how an experienced personal injury lawyer can prove your lost wages and recover the full and fair compensation you deserve after being injured in an accident that was not your fault.

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Indiana Lost Wages Attorneys 317-881-2700

Claiming Payments for Lost Work Wages After an Accident

Missed payments and similar earnings are considered lost wages. They apply even if an injured victim goes back to work, but in a limited scope, and at a lower pay. Lost wages can include base pay, bonuses, commissions, tips, company perks, overtime, PTO, sick days, and even vacation days. Whether you have had to take full time off work after your personal injury accident, are only able to work part-time or temporarily, or you can never go back to work ever again, you should be a good candidate for receiving a settlement or verdict in your favor if the accident that caused your injuries was not your fault.

You must, however, be sure to hire an experienced Indiana personal injury law firm to represent your claim. Only they can navigate your case in the right direction, and in the best interest of your and your claim’s outcome. Essentially, they have the knowledge and skills to prove wage-related losses in an accident lawsuit, or well-before your claim even goes to trial.

Proving Lost Wages

In order to prove that you have in fact lost out on work paychecks as a result of your accident and subsequent injuries, your lawyer will substantiate a case filled with concrete irrefutable evidence and documentation. They will prove that your accident was caused by a negligent party, and that the accident was caused genuine, precise, and compensable losses. Lost income is one of these types of specific and calculable losses.

Additionally, your lawyer will provide other types of evidence to support this claim, including a detailed description of your job and work hours, past paycheck stubs, recent tax return documents and W-2’s, a letter from your boss confirming your lost wages, medical records, doctors’ letters, and even expert testimonies if necessary. As a personal injury victim, you might also recover compensation for future lost wages and similar earnings, including loss of retirement benefits and loss of pension.

How to Get Your Personal Injury Claim Started in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about your rights to being compensated for your lost wages after a serious personal injury accident in Indianapolis, Indiana. Our seasoned accident attorneys have extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

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When is an Injured Employee Ineligible for Workers’ Compensation Benefits?

Getting injured on the job is a serious situation. This is why companies are obligated to provide employees with specific reimbursements to cover all workplace injuries. This legal duty of care falls under workers’ compensation law, which entitles most injured employees to certain benefits. Although not as common, there are some cases in which an employee is disqualified from receiving workers’ compensation benefits.

Continue reading to learn more about workers’ compensation claims and benefits, including when an employee might be ineligible for such coverage.

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

Occupational Health and Safety Administration (OSHA)

To understand workman compensation benefits, you need to know about OSHA regulations. The Occupational Health and Safety Administration (OSHA) is a governmental agency in charge of enforcing health and safety regulations in workplaces within the United States of America. Their primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers, and more, are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

Common Benefits Granted Under Workers’ Compensation Laws

When an injured employee makes a workers’ compensation claim, they are filing to receive compensation for their damages and losses incurred as a result of their workplace accident. Such damages and losses include hospital bills, medical expenses, lost wages from missing work, and similar out-of-pocket costs. Injured employees might also be compensated for permanent partial or total disability and for any permanent injuries.

Economic damages are for tangible financial losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Non-economic damages are not direct and tangible monetary losses, like medical bills. They are damages awarded for emotional or mental losses and hardships. See our blog, “What Benefits Am I Owed For My Workplace Injury Claim in Indiana?” for details about specific benefits that can be recovered through a workers’ comp lawsuit.

Workers’ Compensation Exclusion

There are also situations that would cause an injured employee to be excluded from worker’s compensation benefits. If an employee is injured at work under as a result of their own intentional conduct, an insurance company will likely deny their workers’ compensation claim. Cases that could render an injured employee ineligible for workers’ comp benefits include the following:

  • They were injured while committing a crime.
  • Their injuries were self-inflicted.
  • They were injured while under the influence of drugs or alcohol.
  • Their injuries occurred while partaking in a specifically restricted activity.

Where to Get Help With Your Workplace Injury Claim Questions

Always consult a licensed and experienced personal injury lawyer who specializes in workplace accidents for help understanding your rights to being compensated. Don’t let an insurance company tell you no when you need coverage for your resulting damages and losses. A skilled accident lawyer can help you recover the full and fair payout you deserve after being seriously injured on the clock.

Legal Advice For Workplace Injury Insurance Settlements in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your Indiana workplace injury claim with a licensed personal injury attorney you can trust. We retain extensive experience with workers’ compensation claims, and represent clients throughout the State of Indiana. Not only does our law firm offer free initial consultations, we never collect lawyer fees unless we obtain a settlement for you.

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Can I Make a Workers’ Compensation Claim if I Get Food Poisoning at Work?

Employees can face several risks and dangers at work. From inclement weather and repetitive lifting, to chemicals, crime, heavy machinery, and more, the list of possible dangers is quite broad, and can happen among a wide range of industries. Although the risks for many professions are quite obvious, any place or position of employment can pose certain dangers. One such danger can be food.

One might not generally think that the food they eat at work can put them at risk of getting sick, but the truth is, food poisoning is a very common illness that can cause severe symptoms and high levels of pain for several days or worse; and it can be easily contracted in a workplace setting given certain circumstances.

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

Were You Performing Work-Related Duties?

Sure, there’s is always a risk of getting hurt or being involved in an accident when you step out into the world. But when it happens while you are at work, you may be entitled to compensation for your losses and damages, so long as the injury occurred while you were performing work-related duties. In the case of food poisoning, the contaminated food or drink must have been consumed while you were doing something for work. Because if you were not performing work-related duties while consuming the contaminated food that caused you to develop food poisoning, then you would not have a valid workers’ compensation claim; or, it would be extremely difficult proving that you do.

It can be confusing to understand what constitutes “at work” or “performing work-related duties”, so it is important to contact an experienced personal injury lawyer to determine if your workers’ compensation claim is a valid one or not. They have the resources, knowledge, and experience to assess your case for validity and implement the best strategies for financial recovery. There are 3 helpful examples in which food poisoning would be a valid workers’ compensation claim, and a few more in which it would not.

Examples of Valid Workers’ Comp Claims for Food Poisoning

The contaminated food or beverage must have been consumed while an employee is either performing or participating in work-related activities. Here are some examples below for a better understanding of when food poisoning may be work-related:

Your employer benefited from you eating the food. If your job is to taste food, and your employer benefited from you tasting and eating the food you ate, then you could have a valid workers’ compensation claim. This could apply to food critics, food bloggers, restaurant cooks, servers, bartenders, and other vocations in which food tasting would be common part of the job.

Your employer provided the food. If your employer supplies the food that caused you to develop a food-borne illness, you could easily have a valid claim. For instance, if you were attending a mandatory paid work meeting that the employer had catered, and the food gave you food poisoning, it could be a valid workers’ comp claim. In contrast, if you get sick from your own food you brought from home and ate at your desk, you would not.

You developed food poisoning from a workplace cafeteria that is for employees only. Some workplaces have cafeterias that are strictly for employees to eat in, while others may have one that is open to the general public and employees. If you develop a food-borne illness in a cafeteria setting that is provided by the employer strictly for employees, you could have a valid claim. If the café is public, you would not.

Get a Free Consultation With an Indianapolis Workers’ Comp Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with a workplace injury claim in Indianapolis, Indiana. Our seasoned workers’ compensation lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury while performing work-related duties. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
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