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.

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.

Do I Notify OSHA if Injured at Work Due to a Safety Violation?

Posted on September 24, 2021 by admin

Regardless of industry, all workers are protected under Federal Law, which requires employers to provide a safe workplace environment that is free of any foreseeable health and safety hazards. The Occupational Safety and Health Administration (OSHA) is an organization responsible for enforcing such health and safety regulations in workplace environments here in the United States. Employers, employees, and manufacturers alike are obligated to follow OSHA guidelines for the purpose of supporting safety and wellness in the workplace and prevent serious injuries and fatalities.

If injured at work, it is important to follow certain protocol to protect your rights to being compensated for your damages and loses. The question of contacting OSHA in the case that your injury or accident resulted from an OSHA violation is a common one among the workforce; and the answer depends on how you choose to navigate your workers’ compensation claim.

Continue reading to learn what you need to know about reporting a workplace injury, including when it might be necessary to contact OSHA to file a complaint against your employer.

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Workplace Accidents and OSHA Violations

Whether injured or not at work, you have the right to speak your mind about any concerns you have regarding the health and safety of your workplace environment. When it comes to contacting OSHA to report a violation or file a complaint, the only time that would be necessary to do this is if no one has been injured or harmed yet. In such case, you would be filing a complaint for the purpose of abating any potential health or safety implications.

The guidelines direct all employees to contact the Occupational Safety and Health Administration (OSHA) within 8 hours of a workplace accident that results in a fatality. For workplace accidents that require inpatient hospitalization, a loss of an eye, or a form of amputation, employers must notify OSHA within 24 hours. You can contact OSHA to file a complaint, here.

What To Do If You Are Injured at Work

It is common for employers to display Occupational Safety and Health Administration (OSHA) regulation posters throughout the workplace to notify employees of their OSHA obligations and workplace safety rights. These posters will have information regarding workplace safety, OSHA requirements, and instructions for notifying superiors about workplace safety concerns.

If you are injured at work in an accident, the first thing you need to do is contact your supervisor for help. If your supervisor or manager is not available, proceed with emergency medical assistance or contact 911. Once you have received proper medical treatment and have been stabilized by a medical professional, advise your employer and contact in Indianapolis IN workplace injury lawyer to learn your rights to recovering a settlement for your damages and losses.

You Have Rights as an Injured Worker

You never have to fear any sort of vocational retaliation if you decide to file a workers’ compensation claim to recover a settlement for your damages and losses resulting from a workplace accident, nor do you have to worry about being penalized by your place of employment for reporting a health or safety violation to the Occupational Safety and Health Administration (OSHA). An employer is not legally allowed to fire, demote, transfer, or take revenge against an employee who files a report or claim. Furthermore, all filings are confidential.

Have you been injured at work recently and now you would like to learn your rights to pursuing legal action against your place of employment or third-party? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your worker’s compensation claim in Indianapolis, Indiana.

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How to Bring a Third Party Claim After a Workplace Injury in Indianapolis
FAQS About Work Related Car Accidents
How Do I Know I’m Getting Fair Compensation for Pain and Suffering?

What to Do After Being Injured in an Industrial Accident in Indiana

Posted on September 10, 2021 by admin

In cities across the country, we graciously express thanks to our industrial workers for laying the foundation of our local economies. The industrial labor industry, although essential in many ways, is a dangerous one for those employed within its various trades and productions. As an injured industrial worker in Indiana, it is vital that you learn your rights regarding the collection of compensation for your damages and losses incurred because of your industrial accident.

Continue reading to learn what to do after being injured in an industrial accident Indiana so that you may protect your rights and preserve your quality of life.

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Help for Victims of Indiana Industrial Accidents

Whether you work on the engineering, manufacturing, or business side of the industrial industry, accidents can happen all around you. From slips, trips, and falls to amputations, orthopedic injuries, burn injuries, and more, the scope of possible industrial accidents are wide-ranging.

Regardless of how you are injured in your industrial accident, if your accident occurred as a result of another’s negligence or recklessness, you may be entitled to a settlement for your damages and losses.

Common damages losses that victims typically suffer after an industrial accident in Indiana include hospital bills, medical expenses, lost wages for missing work, pain-and-suffering, mental anguish, permanent disfigurement, permanent disability, loss of companionship, and even wrongful death.

Industrial Accidents Commonly Involve:

▷ Factories
▷ Construction Sites
▷ Warehouses
▷ Drilling Rigs
▷ Mines
▷ Processing Plants
▷ Refineries
▷ Grain Mills
▷ Paper Mills

How to Obtain a Successful Outcome to Your Workers’ Compensation Claim and/or Third Party Claim

When a person is injured while working, they obviously would have a worker compensation claim that they can make through their employer’s worker compensation insurance carrier. Worker compensation claims have set limits on what amount of money an injured person may recover however. In a worker compensation claim, an injured person also cannot recover damages for pain and suffering. In addition, in a worker compensation claim, the worker does not need to prove anyone was negligent. They need only prove they were injured in the course and scope of their employment.

When a person is injured while working, they may also have a third party claim in addition to the worker compensation claim they can make. A third party claim exists when the injury to the worker occurs as the result of negligence of a person who is not also a direct co-employee of the injured worker. For example, if two companies are working at a job site and while working putting together scaffolding a worker from one company is injured by an employee of another company who backs up a forklift into the person putting the scaffolding together, the forklift operator’s employer could be held liable for all damages, including pain and suffering damages that are not compensable in the worker compensation claim. Any judgement against the forklift operator’s employer would be paid by their liability insurance carrier.

The most effective tool you can equip yourself with when pursuing legal action against a wrongful party that caused your injuries is an Indiana workplace injury lawyer. They retain the proper resources, knowledge, and experience to navigate your personal injury case from start to finish, ensuring that you obtain the maximum settlement or verdict for your Indiana industrial accident claim.

Industrial Accident Claim Representation in Indiana

Here at the Law Office of Craven, Hoover, and Blazek P.C., we have represented numerous clients catastrophically injured on the job throughout the state of Indiana. Not only can we help victims obtain financial relief in the form of a verdict or settlement, but we can also support clients in obtaining proper medical treatment and counseling.

We fight for our clients’ rights to compensation for past, current, and future losses, including loss of ability to work performed the same work duties before the accident occurred, as well as partial, temporary, and total disability benefits. Choose our Indiana industrial accident lawyers for superior and aggressive-when-needed personal injury representation for your workers’ compensation claim.

We also fight for clients’ rights to compensation for pain and suffering and all other damages if there is a third party claim in addition to a worker compensation claim that can be made.

Are you ready to learn your best options for obtaining compensation after being catastrophically injured in an industrial accident? Contact us at 317-881-2700 to schedule a free personal injury case evaluation with an Indiana workers’ compensation lawyer soon. Act fast, before time runs out on your claim and significant evidence is lost.

You Should Also Read:

Who is Liable for Independent Contractor Commercial Construction Injuries?
Where to Learn About Employers’ Responsibilities and Workers’ Rights
Can I File a Third Party Claim On Top of a Workers’ Compensation Claim?

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

How to Try to Prevent a Heavy Lifting Injury at Work

Posted on December 4, 2020 by admin

When it comes to your job, there is always something you’ll need to pick up and move around. But some jobs require particularly heavy lifting, or repetitive lifting, which can result in injuries. Those who work in childcare, manufacturing, warehouses, nursing and construction are examples of some careers that see a lot of lifting. It is important to try to condition yourself for such duties, otherwise you can potentially suffer a serious injury caused by lifting heavy things and by repetitive lifting.

Continue reading to learn some tips on how to prevent a heavy lifting accident at work, whether you are subjected to such duties regularly or not.

Indiana Workers' Compensation Attorneys — Indiana Workers’ Compensation Attorneys 317-881-2700

Trying to Prevent Serious Lifting Injuries

There are several ways you can be proactive when it comes to preventing any type of lifting injury, regardless of weight or size. There are stretching exercises to help strengthen core muscles, which can help prevent injuries of all kinds, such as Pilates and Yoga. There are also certain techniques that help reduce lower back strain when lifting something heavy, such as keeping your spine straight while lifting with the knees and not the back.

There is also a wide selection of braces and muscle support gear available at local department stores. No matter what type of job duties required of an employee, it is recommended to not lift more than 50 pounds of weight manually, unless aided by another person or lifting equipment. Examples of common lifting equipment include forklifts, ramps, wheelbarrows, pallet jackets, hand trucks, and lift gates.

Heavy Lifting at Work

In vocations where heavy lifting is a regular duty, employers have a duty of care to properly train all staff in safe lifting practices, as well as provide the proper lifting equipment and materials for safety purposes. The most common types of lifting injuries are muscle strains and soft-tissue tears, all of which can occur on a wide scope of severity. However, several other types of lifting injuries take place on a daily basis all around the country, including herniated discs, back injuries, spine injuries, neck injuries, shoulder injuries, hernias, pinched nerves, knee injuries, fractures, and carpal tunnel syndrome.

Although your employer is required under law to prepare you in all the proper methods and techniques of lifting in your job, this does not always happen, or at least, adequately. In such cases, you will want to learn your rights to be compensated for your resulting damages, such as medical bills and lost wages from taking time off work. Start by talking to a licensed Indiana personal injury lawyer about making a workers’ compensation claim. In Indiana, if you are injured at work while performing work related activities, you are entitled to worker compensation benefits regardless of whether or not your employer did anything wrong in causing the injury.

Indiana Workers’ Compensation Attorneys You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated at your place of employment, or while performing work-related duties. 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.

FAQS About Having to Go Back to Work After a Workplace Injury

Posted on September 4, 2020 by admin

Suffering a serious injury on the job is stressful enough. So, the process of transitioning back into the workplace should be a smooth and comfortable one. Unfortunately, many injured workers have difficulty returning to work, especially those who are forced to come back, or those who have been away for a long period of time. As an injured worker receiving workers’ compensation benefits, you too may be mandated to return to work. Hopefully, your employer has a respectful and reasonable return to work policy in place for such situations, or at least willing to improvise one as they go. Either way, it is important to get your facts straight to ensure your rights and your benefits are protected.

Continue reading to review some frequently asked questions about having to return to work after being injured in an on-the-job accident.

Indiana Personal Injury Attorneys 317-881-2700 — Indiana Workplace Injury Attorneys 317-881-2700

Medical Improvement

During the workers’ compensation process, you are routinely seeing your doctor to monitor and record your recovery. At some point in time, your doctor will sign off on your work abilities, confirming that you have reached maximum medical improvement. This might happen sooner than you anticipate, leaving you full of doubts, along with an obligation to comply or risk losing your workers’ compensation benefits.

Here are some of the most common questions injured workers ask about returning to work after suffering a workplace injury:

▶ How Long Will I Be Off Work After a Workplace Injury?

Some injured workers are okayed to return, but under certain restrictions, while others are ordered to wait to return to work until they make further progress. In this latter case, workers are generally not signed off to work again until they have reached maximum medical improvement (MMI), which means they have recovered as much as they are going to with medical care. Others are medically approved to return to work before they reach this point. When this happens, they are usually transitioned back into the workplace under certain limitations, such as a modified schedule or lighter duties.

▶ Am I Forced to Return to Work After Being Okayed by a Doctor?

If you are signed off by the doctor to go back to work, you must go back to work, otherwise, you could lose your workers’ compensation benefits. Once you receive your return to work date, be sure to notify your employer as soon as you receive this notice. Also ensure that you carefully examine the documents to learn the exact parameters of your return. Both your workers’ compensation representative and your employer should have copies of your doctor’s orders, especially if it includes any restrictions. You do have a right to have an independent medical examination performed if you disagree with the return to work decision made by the doctor chosen by the worker compensation carrier.

▶ How Does a Doctor Decide if I Am Okay to Return to Work?

As mentioned, every routine visit to your doctor serves as a record in time, monitoring the progress of your recovery, and gauging your capacity to return to your normal work duties. As this process unfolds, your doctor will decide when you can go back to work, and at what scope. Your doctor will do this by performing an evaluation, and then using the data to assign a workers’ compensation disability rating if you have an on-going disability. You have a right to request for an Independent Medical Exam (IME) to gain a second opinion on your ability to come back to work.

▶ How Do I Learn More About My Workers’ Compensation Rights in Indiana?

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced Indianapolis personal injury attorney who specializes in Indiana workplace injury claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped 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, lost wages, and more. We represent injured workers all throughout the State of Indiana, so get started with a free consultation, today.

How to Make a Claim as a Recent Construction Accident Victim in Indiana

Posted on August 7, 2020 by admin

Here in Indiana, construction accidents are not only one of the most common workplace injury accidents that occur on the clock, they are often times the most severe. That is because construction work typically involves heavy materials, powerful machinery, large motorized equipment, and working at heights. Construction injuries are not to be taken lightly, especially since many can result in an onset of injury, rather than an instantaneous one. For all of these reasons and more, construction accident victims tend to suffer exponentially in terms of their damages and losses.

If you are a recent construction accident victim, or your spouse, it is vital to hire a specialized Indiana workers’ compensation lawyer for your construction accident injury claim. Continue reading to learn what you need to know about construction accident claims and lawsuits, including how to get started on yours.

Indiana Construction Site Accident Lawyers 317-881-2700

Construction Accident Claims

Although construction contractors and proprietors have a legal duty of care to maintain safe and hazard-free construction sites, accidents still happen every day in this line of work. As mentioned, construction complexes are more dangerous than standard workplace environments because they house various tools, products, heavy machinery, and equipment. As a result, there are infinite types of risk involved with construction work, and even more ways a worker can get hurt.

Here in Indiana, the most common types of construction site injuries and accidents include:

➾ OSHA Violations
➾ Scaffolding Accidents
➾ Explosion Injuries
➾ Crane Injury Accidents
➾ Falls
➾ Ladder Accidents
➾ Roofing Accidents
➾ Chemical Leaks
➾ Welding Injuries
➾ Severe Burns
➾ Blunt Force Traumas
➾ Machine Malfunctions
➾ Faulty Equipment
➾ Electrical Injuries
➾ Forklift Injury Accidents
➾ Trenching Accidents
➾ Nail Gun Injuries
➾ Wrongful Death
➾ And More

Construction Site Accident Lawyers Can Help Your Case

It is important to protect your rights if you were injured on a construction site, whether as a worker, pedestrian, driver, or visitor. Hiring a team of skilled personal injury attorneys who well-versed and familiar with the intricacies regarding workplace accident law, Occupational Safety and Health Administration (OSHA) guidelines, Indiana construction laws, safety laws, contractor liabilities, owner liabilities, agent liabilities, and similar areas of expertise, is your best chance at recovering the full and fair compensation you deserve.

Who to Trust With Your Indianapolis Construction Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with our team of highly-accredited and experienced personal injury attorneys about your recent construction accident in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are fully-prepared to help you recover the full and fair compensation you deserve after being injured at a construction site. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Get in touch with a friendly legal assistant about scheduling a free consultation with a construction accident lawyer, today. We represent clients throughout the State of Indiana.

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

Posted on April 30, 2020 by admin

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.

Craven, Hoover, & Blazek P.C.

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