Do you know how much compensation you can receive for your recent Indiana workplace injury? Continue reading to find out.
Facts For Injured Workers
Here in Indiana, those injured at work are entitled to a certain set of benefits, all of which are incredibly necessary and valuable to the overall recovery of an injured worker. Among the benefits available to injured workers, compensation for wage replacement and medical treatment are the most vital. Many injured workers wonder how much compensation they are owed for their workplace injury claim in Indiana, but the answer varies depending on a wide range of legal factors. Most often, workplace injury claim settlements are influenced by the nature of the victim’s injuries, the extent of their permanent limitations as a result of the workplace accident, their capacity to return to the work field, and much more.
In Indiana Injured Workers Can Receive Benefits For:
➤ Lost Wages
➤ Permanent Disability
➤ Wrongful Death
➤ Medical Treatment
➤ Vocational Rehabilitation
➤ Gas Mileage For Doctors Appointments (depends on conditions)
For a better understanding of how workers’ compensation settlements might be calculated, you must discuss your particular claim with a trusted and experienced Indiana workers compensation lawyer.
Workers’ Compensation Limitations
Although Indiana provides financial relief for injured workers, there are still certain degrees of limitations set on the amount of benefits an injured worker can receive. In fact, starting in July 2016, Indiana enacted a new law that set a maximum weekly worker’s compensation payout of $780 per week. Furthermore, certain types of damages and losses might not be compensated under worker’s compensation law, such as pain-and-suffering or mental anguish.
Temporary Disability Benefits
When an injured worker is recovering from their injuries, they can receive temporary disability benefits since they are temporarily disabled as a result of the workplace accident. In Indiana, there are two types of temporary disability benefits and injured worker might be eligible for: Total Temporary Disability (TTD) and Partial Temporary Disability (PTD).
Total Temporary Disability (TTD) – These benefits make up two-thirds of an injured worker’s average weekly pay. Injured workers continue to receive total temporary disability until they return to work in any scope, achieve maximum medical improvement (MMI), neglect to appear for doctor’s examination ordered by the insurance company, refuse a reasonable job offer, or reach 500 weeks of benefits.
Partial Temporary Disability (PTD) – These benefits are granted to injured workers in the case that they can return to work, but are unable to make the same wages as they did prior to the workplace accident. They make up two-thirds of the difference between a worker’s pre-injury and post-injury earnings. An injured worker can receive up to 300 weeks of partial temporary disability benefits.
Take note that temporary disability benefits are not paid for the first week unless an injured worker must take at least three weeks off work. If you feel that the insurance company cut off disability benefits too early, contact an Indiana workers compensation attorney right away.
Permanent Disability Benefits
Aside from temporary disability benefits, an injured worker might further be entitled to permanent disability benefits. Similar to temporary disability benefits, Indiana provides two distinct types of permanent disability benefits: Permanent Total Disability (PTD) and Permanent Partial Impairment (PPI).
Permanent total disability (PTD) benefits are granted when an injured worker’s resulting condition prevents them performing any type of work. They are two thirds of a worker’s average weekly pay, but only up to the state maximum benefit. In fact, they would be the same as their temporary total disability (TTD) benefit. These benefits are not considered until an injured victim’s doctor determines they have reached maximum medical improvement (MMI). Maximum medical improvement is when an injured person can no longer improve their condition with further medical treatment.
Indiana provides two forms of Permanent partial impairment (PPI) benefits: Scheduled Loss Benefits and Unscheduled Benefits. Injured workers are entitled to permanent partial impairment benefits whether they lose time off work or experience a decrease in earnings. PPI benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, TTD benefits paid over 125 weeks are deducted from PPI payments. Like permanent total disability benefits, PPI benefits are not considered nor eligible until a patient reaches maximum medical improvement. Stay tuned for an upcoming blog that will cover scheduled and unscheduled workers compensation losses in further detail.
Wrongful Death Benefits
In the case that a workplace accident results in a worker’s wrongful death, their immediate family or dependents are entitled to certain wrongful death benefits in Indiana. Payout for wrongful death benefits are equivalent to two-thirds of a worker’s average weekly pay, or up to the state’s maximum, and they can be paid up to 500 weeks.
How to Calculate Your Workplace Accident Claim Benefits
Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed workplace injury lawyer in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured at work. We represent injured workers throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement or judgment for you!