Crucial Steps to Take After a Workplace Injury in Indiana

Sustaining an injury at work can be a distressing experience, not just physically but also emotionally and financially. In the state of Indiana, understanding your rights and the steps to take immediately following a workplace injury is paramount to ensure your well-being and secure your rights. This blog post aims to guide you through the essential actions you should undertake after experiencing an injury at work.

From seeking medical attention to filing a worker’s compensation claim, we will provide you with the crucial information needed to navigate this challenging situation. Whether you’re dealing with a minor injury or facing a more severe situation, knowing these steps can significantly impact the recovery process and the compensation you receive.

Call 317-881-2700 to Speak With an Indiana Workplace Accident Lawyer
Call 317-881-2700 to Speak With an Experienced Indiana Workplace Accident Lawyer

What to Do After You a Work Injury

Report the Injury to Your Employer

It’s crucial to report the injury to your employer as soon as possible. Failure to do so may result in a denial of worker’s compensation benefits. When reporting the injury, make sure to provide detailed information about how and where the accident occurred and any noticeable symptoms or limitations you are experiencing. It’s also essential to keep a copy of this report for your records.

Seek Medical Attention Immediately

Seek medical attention. No matter how minor or severe the injury may seem, it’s essential to get checked by a healthcare professional as soon as possible. Not only will this ensure that you receive proper care and treatment for your injury, but it will also create an official record of your injury, which may be needed for future legal proceedings. Additionally, delaying medical treatment can worsen the injury and prolong your recovery time, potentially affecting your ability to return to work.

File a Worker’s Compensation Claim

In Indiana, most employers are required to carry worker’s compensation insurance, which provides benefits to employees who suffer work-related injuries or illnesses. To file a worker’s compensation claim, you must submit an Application for Adjustment of Claim form within two years from the date of the injury. This form can be obtained from your employer or the Worker’s Compensation Board of Indiana website. It’s crucial to complete this form accurately and include all relevant information, including your medical records and any expenses related to your injury.  It is best to hire an Indianapolis workers’ compensation lawyer and let them do this for you so mistakes are not made.

Hire an Attorney

Dealing with a workplace injury can be complex, especially when it comes to navigating the worker’s compensation system. If you encounter any challenges during the process or feel overwhelmed by the legalities involved, consider hiring an experienced worker’s compensation attorney. They can provide you with valuable guidance and support, ensuring that your rights are protected and you receive the compensation you deserve.  It is always best to at least speak with an attorney as soon as possible after your initial injury.

Keep Detailed Records

Throughout the entire process of dealing with a workplace injury, it’s vital to keep detailed records of all communication, medical treatments, expenses, and any other relevant information. These records can serve as evidence and support your case, especially if any disputes or discrepancies arise. They can also help you track the progress of your injury and recovery.

Follow Your Doctor’s Recommendations

Lastly, it’s crucial to follow your doctor’s recommendations for treatment and recovery. This includes attending all follow-up appointments, taking prescribed medications, and following any limitations or restrictions set by your doctor. Not only will this aid in your recovery, but it will also show that you are taking the necessary steps to get back on your feet and return to work.  Although life happens, it is best to get to all your appointments as much as possible.

Quick FAQs About Workplace Accidents and Injuries

Can I get workers’ compensation if I’m injured on the job?

In Indiana, most employers are required to provide workers’ compensation insurance for their employees. This means that if you get injured while performing work-related duties, you may be entitled to receive benefits through the workers’ compensation system.

Workers’ compensation is a type of insurance that provides financial and medical benefits to employees who have suffered work-related injuries or illnesses. These benefits can include coverage for medical expenses, lost wages, and even vocational rehabilitation services if the injury prevents the employee from returning to their previous job.

To be eligible for workers’ compensation in Indiana, there are a few requirements that you must meet. First, your employer must have workers’ compensation insurance coverage. This includes all employers with one or more employees, whether they are full-time, part-time, or seasonal. Second, your injury must have occurred while you were performing work-related duties. This means that if you were injured while on a break or not performing job-related tasks, you may not be eligible for workers’ compensation.

Who is responsible for ensuring workplace safety?

The responsibility of ensuring workplace safety falls on the shoulders of everyone involved – from employers to employees. It is a collective effort that requires cooperation and commitment from all parties but in the end it is the employer.

Employers have a legal obligation to provide a safe working environment for their employees. This includes identifying potential hazards, implementing safety policies and procedures, providing proper training and equipment, and regularly assessing and improving workplace safety measures.

Employees also have a responsibility to take care of their own safety and that of their colleagues. This includes following safety protocols, reporting any hazards or incidents, and participating in safety training programs.

Furthermore, regulatory bodies such as OSHA (Occupational Safety and Health Administration) play a crucial role in ensuring workplace safety by setting standards and conducting inspections to ensure compliance.

In Summary

By following these crucial steps after experiencing a workplace injury in Indiana, you can ensure that your rights are protected and receive the necessary support to help you recover. Remember, seeking medical attention immediately, reporting the injury to your employer, and filing a worker’s compensation claim are fundamental steps that can make all the difference in your recovery process, both physically and financially.

Don’t hesitate to seek legal guidance to ensure your well-being and secure your rights. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with seasoned workplace accident attorneys in Indianapolis, Indiana. We do not require any upfront lawyer fees, and only get paid if we recover a settlement or an award for you.

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Vocational Rehabilitation After a Workplace Injury: A Guide for Injured Workers

Vocational Rehabilitation After a Workplace Injury: A Guide for Injured Workers

In the aftermath of a workplace injury, returning to work can seem like a distant reality. However, vocational rehabilitation offers a beacon of hope, providing the means for injured workers to reclaim their professional and personal lives and independence. This blog post is dedicated to understanding how vocational rehabilitation can serve as a crucial step on the road to recovery.

Call 317-881-2700 to Speak With a Seasoned Workers' Comp Attorney Near Indianapolis
Call 317-881-2700 to Speak With a Seasoned Workers’ Comp Attorney Near Indianapolis

Types of Workplace Accidents and Injuries

Workplace accidents range from slips, trips, and falls, lifting injuries to incidents involving machinery or hazardous materials. According to OSHA, common violations leading to these injuries include inadequate fall protection, poor hazard communication, and insufficient respiratory protection. It’s important for workers to recognize these hazards and understand their rights in the workplace.

Understanding Vocational Rehabilitation

Vocational rehabilitation is a process intended to enable persons with disabilities, which includes those injured at work, to overcome barriers to accessing, maintaining, or returning to employment or other useful occupations. Early intervention post-injury is critical for the best outcomes in vocational rehabilitation, facilitating a quicker and more effective recovery.

The Role of Vocational Rehabilitation

Through vocational rehabilitation, injured workers are afforded a range of services catered to their unique circumstances:

Assessment of Skills and Abilities: Understanding what you can do post-injury allows for a realistic rehabilitation plan.

Development of a Personalized Plan: Goals are set, and strategies formulated to address specific employment barriers.

Training and Retraining Opportunities: This can involve learning new skills or refreshing existing ones to meet job demands.

Job Placement Assistance: Support in finding suitable employment that accommodates any lingering limitations.

Benefits of Vocational Rehabilitation

Vocational rehabilitation helps restore not only vocational capacity but also:

Independence and Self-Confidence: Gaining the skills to re-enter the workforce empowers individuals.

Successful Return to Work: Structured plans ease the transition back into employment.

Enhanced Physical and Mental Well-Being: Staying active and purposeful promotes overall health.

Navigating the Vocational Rehabilitation Process

It is a collaborative journey, often involving a rehabilitation counselor, to guide you through steps such as:

Accessing Resources and Support: Many programs offer tools and support networks.

Overcoming Challenges and Setbacks: Prepare for ups and downs and celebrate small victories along the rehabilitation pathway.

Legal Considerations

Injured workers should be aware of their rights under workers’ compensation laws, which may include vocational rehabilitation services. It’s important to understand timelines for claiming benefits and the process of disputing any denials. The Americans with Disabilities Act (ADA) also offers protections that facilitate a fair and reasonable accommodation in the workplace. Understanding how vocational rehabilitation interacts with Social Security Disability Insurance (SSDI) is equally important for those who qualify for both services.

Hiring a Workers’ Compensation Lawyer

Injured workers should consider the merits of having an attorney to defend their rights and ensure fair compensation during recovery. A personal injury lawyer who also handles workers’ compensation cases can navigate the complexities of such claims and advocate on your behalf. A seasoned workers’ compensation attorney, you can secure the resources necessary for comprehensive rehabilitation. If your claim to vocational rehabilitation services is denied, a lawyer can provide the representation needed to appeal the decision.

Conclusion

If you’ve suffered a workplace injury, don’t overlook vocational rehabilitation as a pivotal part of your healing process. With the right guidance, support, and legal aid, you can pave a pathway towards reclaiming your career and life. Talk to a workplace injury attorney today to explore your rights and the compensation you’re entitled to. Your journey to resume work can be just as rewarding as it is challenging.

As always, we hope this information has been helpful. If you ever need assistance with a workplace injury claim in Indiana, our team of experienced accident lawyers is here to help. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free initial case evaluation and let us guide you through the workers’ compensation claim process. Your well-being and rights are our top priority.

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The Role of a Workers’ Compensation Lawyer: What to Expect

Navigating the labyrinth of workplace injury claims in Indiana can be a daunting task without the right guidance. In this complex system, a workers’ compensation lawyer serves as your beacon of hope, offering legal counsel and support every step of the way. They are well-versed with the intricacies of the Workers’ Compensation Act, ensuring that your rights as an injured worker are protected and your claims are handled efficiently.

Through this post, we aim to shed light on the essential role of a workers’ comp attorney and what you can expect when you engage their services in the state of Indiana.

Call 317-881-2700 to Speak With a Workers' Compensation Lawyer in Indianapolis
Call 317-881-2700 to Speak With a Workers’ Compensation Lawyer in Indianapolis

Understanding Workers’ Compensation in Indiana

Workers’ compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their jobs. In Indiana, most employers are required to have workers’ compensation insurance, which covers medical expenses and lost wages for employees who suffer work-related injuries or illnesses. However, navigating the claims process can be complicated, and employers and insurance companies may try to deny or limit your benefits. This is where a workplace compensation lawyer comes in.

The Role of a Workers’ Compensation Lawyer

A workers’ compensation lawyer serves as an advocate for injured workers, ensuring that their rights are protected and their claims are handled effectively. They have in-depth knowledge of the Workers’ Compensation Act, which outlines the rules and regulations for workplace injury claims in Indiana. This includes understanding the types of workplace injuries that qualify for workers’ comp benefits, the time limits for filing a claim, the types of benefits available, and the process for appealing a denied claim.

The Workers’ Compensation Act is a set of laws that govern workers’ compensation claims in Indiana. It outlines the rights and responsibilities of both employers and employees in the event of a workplace injury or illness. These laws are designed to protect injured workers, ensuring that they receive fair compensation for their injuries and losses.

What to Expect from a Workplace Injury Lawyer

When you engage the services of a workplace injury lawyer in Indiana, they will guide you through every step of your claim, from filing to resolution. This includes gathering evidence, completing paperwork, and negotiating with your employer’s insurance company on your behalf. They will also represent you at hearings or mediation sessions if necessary.

A workers’ comp lawyer will also assist you in obtaining the appropriate medical treatment for your injury or illness and ensure that all medical bills are paid by the worker compensation insurance company. Additionally, they will help you understand the benefits available to you, such as temporary total disability benefits, permanent partial impairment benefits, and vocational rehabilitation.

What to Do if You are Seriously Injured at Work

If you are seriously injured at work, it is crucial to seek legal counsel from a workers’ compensation attorney in Indianapolis immediately. They can help you navigate the claims process and ensure that your rights are protected while you focus on recovering from your injuries.

It is also important to report your injury to your employer as soon as possible and seek medical treatment for your injuries. Failure to do so could jeopardize your eligibility for workers’ compensation benefits.

Conclusion

In conclusion, a workers’ compensation lawyer plays an essential role in helping injured workers receive the benefits they are entitled to under the Workers’ Compensation Act in Indiana. They provide legal representation and support throughout the claims process, ensuring that your rights are protected and your claims are handled efficiently. If you have been injured or become ill on the job in Indiana, do not hesitate to seek the assistance of a workers’ compensation lawyer to ensure that you receive the benefits you deserve. 

So, always remember, whenever faced with a work-related injury or illness in Indiana, a workplace injury attorney will be your best ally.  They will fight for your rights and ensure that you receive the compensation you are entitled to, allowing you to focus on recovering and getting back to work.  Keep this in mind and stay safe at work!

We hope this blog post has provided helpful information about workplace injury cases in Indiana. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office.

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How to Successfully File a Workers’ Compensation Claim in Indiana

Workplace injuries can be a daunting experience, leaving the injured worker grappling with not only physical pain but also a labyrinth of paperwork, legalities, and procedures. The key to navigating this complex process successfully lies in understanding the rules and regulations surrounding workers’ compensation claims in Indiana.

Like Indiana, each state has set guidelines which, if followed diligently, can help ensure fair and just compensation for the injuries sustained. This blog shall guide you through the essentials of filing a workers’ compensation claim in Indiana, providing you with the necessary knowledge to secure your rightful benefits. Buckle up as we walk you through this crucial process.

Call 317-881-2700 to Speak With a Worker's Comp Lawyer in Indianapolis IN
Call 317-881-2700 to Speak With a Worker’s Comp Lawyer in Indianapolis IN

Understanding Workers’ Compensation in Indiana

Workers’ compensation is an insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It serves as a safety net for workers, ensuring they receive medical treatment and financial support while recovering from their workplace injury. In the state of Indiana, workers’ compensation is governed by the Indiana Worker’s Compensation Act (IWCA), which outlines the rights and responsibilities of both employers and employees in case of a workplace injury.

Reporting a Workplace Injury

The first step in filing a workers’ compensation claim in Indiana is to report the injury to your employer. According to IWCA, employees have 30 days from the date of injury to inform their employers about the incident. However, it is best practice to report the injury immediately or as soon as possible after seeking medical attention. Failure to do so may result in denial of your claim.

Seeking Medical Attention

As an injured worker in Indiana, you are entitled to receive medical treatment from a healthcare provider chosen by your employer or their insurance company. It is essential to communicate all injuries and symptoms accurately to your doctor and inform them that the injury occurred at work. This documentation will serve as evidence for your workers’ compensation claim. 

Filing a Claim

After receiving medical treatment, you should file a claim with the Worker’s Compensation Board of Indiana. You can do this by completing and submitting Form 29109, which is available on their website. The form requires details about your injury, healthcare provider, and any lost wages or expenses incurred due to the injury. Make sure to provide all necessary information accurately to avoid any delays in processing your claim. It is recommended to consult a workers’ comp lawyer first before submitting any legal paperwork or filing any documents. They can ensure your rights are protected.

Attending Hearings

In case your claim is disputed, you may be required to attend a hearing in front of an administrative law judge. During this hearing, both parties will present their case and provide evidence to support their arguments. It is crucial to have a thorough understanding of the facts and evidence presented to make a strong case for your claim. A personal injury attorney specializing in workers’ compensation cases can represent you during this hearing and throughout the legal process.

Potential Outcomes

After reviewing the evidence and hearing both sides, the judge will make a decision on whether to approve or deny your claim. If approved, you will receive benefits such as medical treatment coverage, temporary total disability payments, and permanent partial impairment payments if applicable. In case of a denial, you may have the option to appeal the decision. Your workplace injury attorney can also help you with the appeals process.

Conclusion

Filing a workers’ compensation claim in Indiana may seem like a daunting task, but with the right knowledge and legal support, it can be navigated successfully. Remember to report your injury promptly, seek medical attention, hire a workers’ compensation attorney, and provide accurate information when filing your workplace injury claim. We hope this blog has provided you with valuable insights into the process of filing a workers’ compensation claim in Indiana.

Are you an injured Indiana worker looking for the maximum benefits for your damages and losses? Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a workers’ comp lawyer in Indianapolis, Indiana. We represent injured victims all across the state, including Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

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Steps to Take After an Injury at Work

Getting injured at work can be a stressful and overwhelming experience. Not only do you have to deal with the physical pain of the injury, but there are also financial concerns that come along with it. This is why it’s important to know what steps to take after an injury at work so that you can get back on your feet as soon as possible.

In today’s post, we will go over some of the key things you should do if you find yourself in this situation, including filing for workers’ compensation and seeking medical attention. We’ll also discuss how hiring a lawyer who specializes in workplace injuries could help protect your rights and ensure that you receive fair compensation for your losses. By following these steps, you can make sure that your recovery is both physically and financially secure.

Call 317-881-2700 for Help With Filing a Workplace Injury Claim in Indianapolis Indiana
Call 317-881-2700 for Help With Filing a Workplace Injury Claim in Indianapolis Indiana

Workplace Injury Guide

No one ever expects to get injured at work, but unfortunately it does happen. Whether you’ve had a minor accident or a more serious injury, knowing what steps to take after an injury at work can help make the process easier and ensure that your rights are protected. Here’s what you need to do:

Notify Your Supervisor

The first thing you should do if you’ve been injured at work is notify your supervisor immediately and fill out an incident report or make sure one gets filled out. This document will serve as evidence of your injury in case you need to file for workers’ compensation or other benefits later on. It’s important that all details about the incident be included in this report so make sure to provide as much information as possible.

Get Medical Treatment ASAP

Next, seek medical attention right away even if you don’t think the injuries are severe as some injuries may not be readily apparent until hours later or may get worse with time. Make sure to tell the doctor and any other medical provider that this was a workplace-related injury so they can properly assess any long-term effects and provide appropriate treatment options for recovery. 

Talk to a Work Injury Lawyer

After seeking medical care, contact an attorney who specializes in workplace injuries so they can advise on how best to move forward with filing for workers’ compensation benefits from your employer. By working with an experienced work injury lawyer, you’ll get the best guidance for pushing through with your case and recovering the maximum benefits owed to you as an injured worker.

Follow All Doctor’s Orders

Finally, once your injury has been reported and documented, follow through with the treatment plan recommended by your doctor. This should include any physical therapy or medications needed for recovery. Make sure to stay in contact with your supervisor and human resources department, along with the insurance adjuster for the worker compensation insurance carrier, so that they are aware of any updates on your condition and how it continues to impact your ability to come back to work.

Get Help With a Workers’ Compensation Claim Today

Though an injury at work can be daunting, following these steps can help you get the support you need to recover quickly and safely. Take care of yourself and remember that you have rights!  Don’t hesitate to contact an experienced workers’ compensation attorney who specializes in workplace injuries. They will be able to provide more specific advice about how to handle your individual situation. In the meantime, take the necessary steps after an injury at work and stay positive—you’ll be back on your feet in no time!

Are you an injured worker looking for help with a workers’ comp claim in Indiana? The earlier you act, the higher your chances of success will be – so don’t delay! Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed workplace injury lawyer in Indianapolis. We represent victims all throughout the state of Indiana.

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How to Manage a Workers’ Comp Injury Claim

When an employee is injured while on the clock, they are entitled to workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred because of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, a permanent partial impairment rating and more. If an employee is killed on the job, the dependents are also entitled to receive benefits.

If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery. If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love.

Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Workers Comp Lawyers Indianapolis IN 317-881-2700
Workers Comp Lawyers Indianapolis IN 317-881-2700

Workplace Injury Claim Process

What You Should Do

To protect yourself and your rights to maximum compensation, be sure to make the right decisions in the process. This includes the following:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats regarding your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

Obtain an attorney.  The worker compensation carrier for your employer has attorneys and you should also.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of an experienced Indiana workplace injury lawyer.

What You Should NOT Do

Do not fail to report your injury.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions provided by the treating doctor.

Are you having trouble getting what you need from your workplace injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a skilled workers’ compensation attorney in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at our Indianapolis personal injury law firm.

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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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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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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.

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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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Local Indianapolis Personal Injury Law Firm 317-881-2700
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