FAQS About Work Related Car Accidents

In today’s workforce, many employees are required to drive as a part of their job-related duties. When an employee is involved in a car accident, whether in their personal car or in a company car, so long as they were performing work-related duties, workers’ compensation usually pays for all of their medical expenses and the majority of their lost wages from missing work. But after being in a car accident, injured victims suffer more damages than just medical expenses and lost wages. In such cases, they may be eligible to pursue in accident claim against third parties responsible for any damages resulting from their car accident injuries.

There’s a lot to know about work-related car accidents, workers’ compensation benefits, and third-party claims, but fortunately you don’t have to bother with any of this. As soon as you are capable, speak with a licensed Indianapolis personal injury lawyer to learn the best course of action for your car or trucking accident claim in Indiana.

In the meantime, continue reading to review some frequently asked questions about work-related car and trucking accidents to get a better understanding of what type of legal process you may experience ahead of you.

Indianapolis Indiana Car Accident Lawyer 317-881-2700
Indianapolis Indiana Car Accident Lawyer 317-881-2700

What is Considered a Work-Related Car Accident?

A work-related car accident is when an employee who is performing work duties is involved in a car or trucking wreck or collision. The accident does not have to be with another vehicle; it can be just the employee. The most common types of work-related car accidents happen to those whose primary role is driving, such as delivery drivers, commercial truck drivers, bus drivers, and similar commuting-based vocations.

What are Some Other Types of Work-Related Car Accidents That May Be Covered Under Workers’ Compensation?

In addition to those whose primary role within the company is to drive, there are other types of work-related car accidents that can take place. Car accidents happen in an employer’s parking lot may be covered under workers compensation, as well as employees who are driving from one company location or job site to another for the purpose of a job shift change. Also, workers compensation may cover car accidents that occur to employees who are driving to or from a mandatory company meeting or event, such as a training program or conference.

What are Some Examples of Car Accidents That Would Not Be Considered Work-Related, and Therefore Not Covered by Workers’ Compensation?

Not all car accidents are considered work-related even though they may appear to be. In such a case, employees would not be eligible for workers’ compensation benefits. For instance, if an employee is involved in a car accident on their way to work or on their way home from work, their accident would not be considered work-related. Although every case is fact sensitive so it should be investigated.

Another example would be if an employee was in a car accident after a company social event, like a holiday party or charity fundraiser. Since the event is not mandatory, and employees are not compensated for their attendance, a car accident that takes place before or after the event might not be considered work-related.

What Should I Do if I Am injured in a Work-Related Car Accident?

As soon as you are involved in a car accident, whether it is work-related or not, your priority should be medical treatment. Contact the police and the paramedics to ensure that you and anyone else involved in the accident are seen by EMTs. Next, you want to start documenting the scene of the accident. So, be sure that you have the police there to file a police report, get a copy of the police report, and continue to document any other pieces of evidence via video or photos.

Take pictures and videos of the cars involved in the car accident, the nearby intersection, the streetlights, the surrounding environmental terrain, and anything else that could be used as evidence to support your car accident claim. It is helpful to also ask onlookers or witnesses for their contact information in the case that they can provide witness testimony later.

Stay tuned for next week’s blog in which we’ll discuss why injured employees need to hire a personal injury lawyer after being involved in a work-related car accident.

Are you looking for a skilled personal injury attorney who can help you with your car accident or workers compensation claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

You Might Also Read:

What To Do If You are Injured at Work
Difference Between Third Party Lawsuits and Worker’s Compensation Claims
FAQS About Having to Go Back to Work After a Workplace Injury

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

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.

Where to Learn About Employers’ Responsibilities and Workers’ Rights

Workers' Compensation Lawyers Indianapolis 317-881-2700

Workers’ Compensation Lawyers Indianapolis 317-881-2700

Every worker in the United States has the right to work in a safe environment. In fact, the law makes it the employer’s responsibility to ensure this right remains intact and properly met at all times. When a worker is injured on the job as a result of an employer neglecting to maintain a safe workplace, they could be eligible for compensation to cover their damages and losses.

Most often, companies are insured for employee accidents, and compensation is provided for the injured worker through workers’ compensation. But sometimes, a company refuses to pay out a full and fair recovery. When this happens, it is strongly encouraged to hire a personal injury lawyer that practices workers’ compensation law. They retain the proper resources and experience to get the just amount of compensation an injured worker deserves.

Accordingly, if you are looking for information about employers’ responsibilities and workers’ rights, a personal injury lawyer is one effective option to choose from. The other recommended source for such information is the Occupational Health and Safety Administration, or OSHA. Continue reading for a closer look at each source, and how they can help you find out more about employer responsibilities and workers’ rights.

The Occupational Health and Safety Administration

Workers' Compensation Lawyers Indianapolis 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

The OSHA is a federal agency established under the United States Department of Labor in charge of regulating and enforcing safety and health legislation. Not only do they enforce the obligation of maintaining safe and healthy work environments, they protect workers’ rights. For example, OSHA makes it illegal for employers to strike back or retaliate against injured workers who choose to exercise their rights under law. This includes everything from seeking workers’ compensation to reporting a
safety hazard or injury.

Anyone can freely contact the OSHA about employers’ responsibilities and workers’ rights, and without fear of jeopardizing their jobs or being committed to filing a claim. They are happy to answer questions, whether an employer or employee. They even fund on-site consultation services for small businesses looking to improve or evaluate the condition of their workplace. If anyone thinks their workplace is unsafe and needs to file a complaint, they provide easy-to-use portals that make it convenient for workers to do so. Look below for contact information for the Occupational Health and Safety Administration.

OSHA Contact Info

#1-800-321-OSHA (6742)
eComplaint Form
Onsite Consultation Services
Indiana OSHA

Personal Injury Lawyer

If you have already been injured at work as a result of an unsafe environment, you can choose to contact OSHA for information, but it is more efficient to your case to contact a personal injury lawyer that practices workers’ compensation law. Not only can an experienced and knowledgeable workers’ compensation lawyer provide accurate and up-to-date information regarding employers’ responsibilities and workers’ rights, they can help recover a full and fair amount of compensation for your damages and losses. Be careful of your state’s statute of limitations. Injured victims only have a set period of time to file a claim. If they don’t file in time, they lose their opportunity to recover forever.

The Law Office of Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need an experienced workers’ compensation lawyer in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover the full and fair amount of compensation you deserve after being seriously injured at work. Recover for damages and losses, including medical expenses, hospital bills, pain, suffering, lost wages, and more. Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, IN.

Can an Injured Employee Collect Unemployment and Temporary Total Disability Benefits if Laid Off?

Workers Compensation Lawyer 317-881-2700

Workers Compensation Lawyer 317-881-2700

A few years ago, the Indiana Court of Appeals made a ruling regarding injured employees and workers compensation. They ruled that an injured worker can still receive workers’ compensation benefits even after collecting unemployment during the same time-period, so long as the total amount of unemployment is deducted from the total benefits collected once a settlement is reached. Please continue reading to review an example of such case and learn more about injured victims’ rights.

TTD Benefits Versus Unemployment

A mechanic is injured on the job and takes medical leave while collecting temporary total disability benefits (TTD), or workers’ compensation. The mechanic, although still in pain and disabled, is cleared by a doctor to return to work. When the mechanic does return to work, he finds that he is still in too much pain to perform his vocational duties. And then the shop owner closes the shop and lays off all employees. So what does the mechanic do now? Well he files for and collects unemployment, naturally.

But as he is beginning a new job at a new shop, he realizes that he just can’t do the same nature of work as he used to with all the pain and discomfort he’s experiencing. So for this reason, he has to leave the workforce a second time. At this point, the mechanic sees a doctor for an independent medical exam (IME). During this exam, the physician finds that the mechanic is currently, and has remained, disabled from the time of his initial injury. So now the mechanic, although still collecting unemployment, needs to collect additional TTD benefits as well. Employers are not fans of this. They will fight tooth and nail to avoid paying any additional workers’ compensation to injured employees, especially if they are already collecting unemployment. However, there is a solution for this.

The courts view on such a scenario is that an injured worker CAN be eligible for both unemployment and TTD benefits at the same time, but can only receive one. In this case, the mechanic could be awarded TTD benefits from their employer so long as the total amount of unemployment paid is deducted. Unemployment must be deducted otherwise the employer can contest that the worker was already being paid unemployment and looking for new work. So if a worker is still injured but collecting unemployment, they can argue for TTD later, with the help of a skilled personal injury lawyer.

You see, many Indiana workers are injured on the job, and then laid off while collecting TTD benefits. But once the lay-off happens, many employers are slow to continue paying any TTD benefits, so injured workers resort to filing for unemployment because it’s faster and they need the financial support. But this is not fair, and TTD benefits can be fought for with a fervent legal team on your side.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with workers’ compensation claims in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury attorneys here at our law firm are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, IN today.