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

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.

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What to Do if Your Boss Does Not Want to Report Your Workplace Injury
Types of Income Covered By Lost Wages Benefits
Can I Quit My Job if I Am on Workers’ Compensation?

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

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.

Workers' Compensation Law Firm Indianapolis Indiana 317-881-2700
Workers’ Compensation Law Firm Indianapolis Indiana 317-881-2700

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.

Related Posts:

Can I Quit My Job if I Am on Workers’ Compensation?
General Workers’ Compensation Benefits and How to Claim Them
Types of Income Covered By Lost Wages Benefits

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

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.

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

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 benefits. 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.

Related Posts:

Is My Job-Related Injury Covered By Workers’ Compensation?
Are Police Reports Important to an Auto Accident Claim?
Who is Liable After an Uber or Lyft Accident?

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

Why Should Employees Injured in Work-Related Car Accidents Hire a Lawyer?

In last week’s blog, we discussed some of the most frequently asked questions about work-related car accidents, including various facts about workers’ compensation benefits, third-party claims, and hiring a car accident lawyer to represent injured people in such cases. In today’s blog, continue reading to learn how a skilled and specialized personal injury lawyer can protect wrongfully injured car accident victims by recovering the full and fair compensation they deserve for their damages and losses.

Company Car Accident Lawyers Indianapolis 317-881-2700
Company Car Accident Lawyers Indianapolis 317-881-2700

Work-Related Car Accident Injuries and Claims

There are several reasons why an injured employee who is hurt and work-related car accident should hire personal injury lawyer. Here are some scenarios to demonstrate the importance of retaining proper legal representation after being injured in a car accident while performing work-related duties:

Employers or their insurance carriers may try to establish that an employee’s car accident wasn’t work-related and attempt to reject their workers’ compensation claim. If this were to happen, an employee would need a skilled litigator to fight for their rights to compensation by proving their case.

In the case that an employee’s workers’ compensation claim is approved, the employer’s insurance company may try to reduce the benefits of the claim or change the benefits in a way that negatively impacts the employee. For instance, the employer’s insurance company can have the worker compensation doctor the insurance carrier chose issue an opinion that an employee has reached maximum medical improvement and require them to return to work before they are actually capable; or the doctor chosen by the worker compensation carrier may issue a lower permanent partial impairment rating than should be issued.  It is very important to understand that in most work-related automobile collisions, it is the worker compensation carrier and not the patient who chooses who the treating doctor is.

Numerous work-related car accidents involve third parties who may also be held accountable for any damages and losses suffered by an injured employee. Third-party claims are not handled by an employee’s insurance company or employer. An employee would be responsible for hiring their own lawyer to pursue any third party claims and they absolutely should.

An experienced personal injury lawyer is an injured victim’s best chance at obtaining the most successful outcome possible in a car accident claim. Indiana civil litigators are well-versed in tort law and may be able to find other types of settlements to pursue outside of workers’ compensation.

Hiring a personal injury lawyer after being injured in a work-related car accident makes the entire legal process easier for victims. Lawyers will handle and navigate every element of your case so that you can focus solely on getting better.

Hire a Workers’ Compensation/Third-Party Liability Lawyer FAST

It is very common for injured workers to lose out on their possible benefits a because they do not hire an Indianapolis IN workers’ compensation lawyer fast enough. In order to have a successful recovery, employees who are injured in a work-related car accident must get their investigation started early; before evidence is lost that supports their claim. Not only can witnesses forget details and paperwork and get lost in the shuffle, but all states have a set period in which a wrongfully injured victim can pursue legal action against an at-fault party known as the statute of limitations.

Are you ready to speak with an expert workers’ compensation and third party liability lawyer who can begin investigating your claim right away? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a skilled Indiana workplace injury lawyer as soon as possible.  We represent injured victims throughout the state of Indiana and Indiana residents injured in other states.

You Might Also Read:

Statute of Limitations for Common Personal Injury Claims
FAQS About Having to Go Back to Work After a Workplace Injury
Standard Workers’ Compensation Benefits You Can Expect

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

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.