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.

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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

Is a Personal Injury Claim the Same as a Workers’ Compensation Claim? Claiming both?

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.

Workers' Compensation Lawyers Indianapolis IN 317-881-2700
Workers’ Compensation Lawyers Indianapolis IN 317-881-2700

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.

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When is an Injured Employee Ineligible for Workers’ Compensation Benefits?
Can I Quit My Job if I Am on Workers’ Compensation?
Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

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General Workers’ Compensation Benefits and How to Claim Them

An employer’s workers’ compensation coverage provides certain payments for those injured on the job. Continue reading to learn some of the most common workers’ compensation benefits, how to claim them after a workplace injury, and what you can do if they are not adequate to cover your damages and losses.

Worker Accident Claims Indianapolis Indiana 317-881-2700
Legal Assistance With Worker Accident Claims – Indianapolis Indiana 317-881-2700

Workplace Injuries and Damages

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on what state the employer is located in and the extent of the injuries or damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills, permanent partial impairment rating (PPI ratings) and sometimes other damages.

Workers’ compensation should cover damages caused by a workplace accident or injury It is wise to hire an Indianapolis personal injury attorney who specializes in workers’ compensation cases to recover the full and fair recompense deserved.

Most Common Types of Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve assault/battery, contracting a work-related illness or disease, experiencing an armed robbery or other gun related attack, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

☑ Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

☑ Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

☑ Benefits for Dependents in the Case of a Wrongful Death at Work 

☑ Travel Expenses (If Applicable)

A Workplace Injury Lawyer Can Help You Recover the Most Benefits

There are sometimes other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. If you wish to recover the full and fair remuneration you and your family deserve after your workplace accident or injury, your best course of action is to hire a personal injury lawyer in Indianapolis who is well-versed and experienced in workers’ compensation cases.

A certified and skilled Indianapolis workers’ compensation lawyer can provide comprehensive case support from start to finish. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim so that your focus can be placed solely on your recovery. Just be sure the Indiana personal injury law firm you select employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This effort will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Not sure which personal injury law firm to choose for your workplace injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

Related Posts:

Common Warehouse Accidents Covered By Workers’ Compensation
Were You Involved in an Accident While Driving Your Company Car?
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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.

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Common Warehouse Accidents Covered By Workers’ Compensation

Warehouses generally store large inventories and heavy machinery, plus utilize every bit of cubic square footage, making for very great heights and other dangers. Furthermore, warehouse workers usually have a more rigorous workload involving specialized duties that pose several hazards of their own.

More than many other industries out there, warehouse work presents a higher frequency of accidents and injuries. If you are a warehouse worker, it is important to ensure you are protecting yourself on the job as much as you can.  Your employer and other employers and their employees should also be seeking to make the premises and job as safe as possible for all people who work in the warehouse.

Continue reading to learn more about these common warehouse accidents and how to get legal help understanding your workers’ comp benefits as an injured warehouse employee in Indiana.

Warehouse Accident Lawyers Indiana 317-881-2700
Warehouse Accident Lawyers Indiana 317-881-2700

Third-Party Liability For Warehouses Accidents

Because there are usually more than one employer and their employees working at a warehouse, sometimes an injury is caused by someone other than a co-employee.  If this occurs, the employer or third-party can also possibly be held liable for the injuries caused, if they were caused by negligence.  It is vitally important to have the facts on exactly how your injury occurred reviewed by an attorney to determine if you have a third-party case, in addition to a worker compensation case, as what you can recover for damages can be different and more substantial if you also have a third-party case.

Common Workplace Accidents in Warehouses

Some of the most common accidents that happen to warehouse workers and staff include slip and fall accidents, forklift accidents, loading dock accidents, and even overexertion. Fortunately, these accidents and more should be covered by your workers compensation benefits.

Slip and Fall Accidents

The Department of Labor suggests that the number one cause of warehouse injuries is due to slip, trip, and fall accidents. This includes fall accidents from great heights, such as scaffolding, elevators, or stairwells. The Department of Labor reports that slip and fall accidents make up for 25% of workplace warehouse accident claims and 15% of workplace fatalities. They also estimate that 95 million working days are lost because of slip and fall warehouse accidents.

Forklift Accidents

Most warehouses require forklifts and similar types of machinery to move and organize their heavy palettes and boxes of inventory. Forklifts are large and motorized construction vehicles that can only be operated by those who are properly certified. But even with proper qualifications and training, workplace forklift accidents happen all the time. According to the Occupational Safety and Health Administration, approximately 35,000 serious forklift accidents occur annually in warehouses all across the country. Of all the warehouse fatalities that are reported each year, nearly 16% are a result of forklifts.

Loading Dock Accidents

Aside from unsafe surfaces, great heights, and motorized machinery, loading docks are another common workplace hazard. Dockworkers have reported injuries from slipping, falling, getting pinned between objects, large objects falling on top of them, or being injured by a forklift or other kind of motorized warehouse equipment.

Overexertion

Although not typically recognized as a type of workplace risk or injury, overexertion is a common type of physical suffering experienced by warehouse workers across the nation. Warehouse work is normally heavy-duty labor, involving lifting, pushing, pulling, twisting, building, and all sorts of repetitive movements.

Additionally, warehouse workers tend to keep very long hours, with an average of 10 to 12 hours a day. As a result of all this hard and repetitive labor, certain areas of the body can take on significant stress, including backs, necks, shoulders, elbows, knees, wrists, and joints. Overexertion injuries are typically covered by workers compensation benefits.

Are you an injured warehouse worker in Indiana who needs help understanding your workers’ compensation benefits? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation regarding your Indiana workplace injury, today. We serve clients all throughout the state. Again, if you were injured at work and the incident was the fault of anyone other than a co-employee, you would also have a third-party claim so it is important to contact an attorney right away.

Related Posts:

What to Do After Being Injured in an Industrial Accident in Indiana
How to Try to Prevent a Heavy Lifting Injury at Work
Do I Notify OSHA if Injured at Work Due to a Safety Violation?

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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

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

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

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

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

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

Third Party Claims for Injured Workers

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

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

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

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

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

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

You Should Also Read:

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

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

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.

Indianapolis Personal Injury Lawyers 317-881-2700
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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.

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