Understanding Your Rights: Personal Injury Claims After a Construction Accident

Posted on November 20, 2023 by admin

Navigating the aftermath of a construction accident can be both overwhelming and confusing. This blog is written to shed light on personal injury claims after such occurrences, with a special focus on understanding your rights. We delve into the legal repercussions of construction site accidents, key considerations in a construction accident lawsuit, and the vital role played by a personal injury lawyer in your quest for justice.

The pursuit of a claim can be a complex process; hence, it is crucial to arm yourself with adequate knowledge and guidance. Stay tuned as we unpack these complexities and help you chart a path towards your rightful compensation.

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The Legal Implications of Construction Site Accidents

Building sites are high-risk environments, and the occurrence of construction site accidents is a common reality. According to the Occupational Safety and Health Administration (OSHA), construction workers account for one in every five workplace fatalities. These accidents can result in severe injuries, permanent disabilities, or even death. In such cases, victims or their families may be entitled to financial compensation for the losses incurred. However, understanding your rights and navigating the legal process can be challenging, given the complexity of construction accident lawsuits.

Key Considerations in a Construction Accident Lawsuit

To have a successful personal injury claim after a construction accident, there are several key considerations to keep in mind. Firstly, it is essential to establish that the accident was due to the negligence or wrongdoing of another party. This could be the construction company, subcontractors, or equipment manufacturers. Secondly, it must be proven that the injuries sustained were a result of the accident and have led to damages, such as medical expenses, lost wages, and pain and suffering. Lastly, there are time limits for filing a claim, known as statutes of limitations. This varies from state to state, and it is crucial to adhere to these deadlines to avoid jeopardizing your chances of receiving compensation.

The Role of a Personal Injury Lawyer

Construction accident lawsuits are complex and may involve multiple parties, insurance companies, and legal teams. As such, having a personal injury lawyer by your side can significantly increase the likelihood of a successful claim. These lawyers concentrate on handling personal injury cases and are well-versed in the laws and regulations surrounding construction site accidents. They can help you gather evidence, negotiate with insurance companies, and navigate the legal process on your behalf. With their guidance, you can focus on recovering from your injuries while having peace of mind that your case is in capable hands.

In Conclusion

Construction site accidents can have devastating consequences, both physically and financially. However, understanding your rights and seeking legal assistance can help you receive the compensation you deserve. If you or a loved one has been involved in a construction accident, it is crucial to seek the guidance of a personal injury lawyer as soon as possible. With their expertise, you can navigate the complexities of the legal system and obtain the justice and compensation you are entitled to. Remember, knowing your rights is the first step towards protecting them. So, stay informed, stay safe, and know that there is help available if you ever find yourself in such a situation.

For more information on personal injury claims after construction accidents or to seek legal advice, contact Craven, Hoover & Blazek, P.C. at 317-881-2700 as soon as possible. As experienced and compassionate Indianapolis construction site accident lawyers, we do not charge any upfront lawyer fees, nor do we get paid unless we recover an award for you. Don’t hesitate to reach out for help, as there is a time limit to how long you can file your claim in Indiana. We can hold free initial consultations over the phone, at our office, or at your place of in-patient medical treatment.

How to Successfully File a Workers’ Compensation Claim in Indiana

Posted on November 6, 2023 by admin

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 concentrating on 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.

Steps to Take After an Injury at Work

Posted on June 29, 2023 by admin

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 concentrates on 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.

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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 concentrates on 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 concentrates on 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.

Which Injuries Qualify For Workers’ Compensation in Indiana?

Posted on November 25, 2022 by admin

Workers’ compensation benefits are a form of insurance that provides financial assistance to employees if they become injured or ill because of their job or while working. In Indiana, the state requires employers with three or more employees to carry workers’ comp insurance in order for eligible employees to be able to receive benefits. The types of injuries that qualify for workplace compensation in Indiana include both physical and mental injuries, to a degree.

Continue below to learn more, including how to get trusted legal advice regarding your Indiana accident claim.

Call 317-881-2700 To Speak With a Licensed Workers' Comp Lawyer in Indianapolis. — Call 317-881-2700 To Speak With a Licensed Workers’ Comp Lawyer in Indianapolis.

Injuries Covered By Workers’ Compensation Benefits

Physical injuries that qualify for workers’ compensation include any type of injury or illness related to the employee’s job activities, such as falls, cuts and bruises, burns, repetitive strain injury, carpal tunnel syndrome and even sometimes heart attacks or strokes. Mental illnesses may also be covered by workers’ compensation if they are related to the job, such as stress or depression caused by an employer’s hostile work environment.

In addition, some employees may be entitled to compensation even if their injuries were not sustained at work. This includes any type of injury that was the result of a workplace activity, such as attending a company event or meeting off-site. Furthermore, an employee can qualify for workers’ comp if his or her illness or injury regardless of whether or not there was negligence by any party.

Workers’ Compensation Eligibility

In order to be eligible for workers’ comp, an employee should report their injury or illness to their employer as soon as possible and provide medical documentation of the injury or sickness. The employee must then file a claim with the Indiana Workers’ Compensation Board within two years of the injury or illness in order to ensure receipt of benefits owed.

If an employee is found eligible for workers’ compensation benefits, they can expect to receive payments that cover medical expenses related to the injury or illness, as well as a percentage of wages while they are unable to work due to their injury or illness. In some cases, eligible employees may also receive disability awards or lump sum settlements if permanent injuries are sustained.

The Importance of Workman’s Comp Benefits

Overall, workers’ compensation benefits provide a valuable safety net to those who become injured or ill because of their job in Indiana. Eligible employees can expect to receive payments for medical expenses and lost wages related to their injury or illness, as well as additional benefits if their injury or illness was caused by their employer’s negligence. It is important for Indiana employees to understand the types of injuries and illnesses that qualify for workman’s compensation benefits in order to take advantage of them if they become injured or ill.

Know Your Right’s as an Injured Worker

By understanding the types of injuries and illnesses that are eligible for workers’ compensation, Indiana employees can ensure they receive the financial assistance they deserve in the event of a workplace injury or illness. With this information, employees can be better prepared to handle any situation that may arise due to an injury or illness sustained while on the job. It is essential for Indiana employers and employees alike to understand workplace compensation eligibility and its importance in protecting both parties.

Contact an Indianapolis Workers’ Compensation Lawyer

For more information about the types of injuries that qualify for workers’ compensation in Indiana, contact a qualified Indiana workers’ compensation attorney. An experienced civil litigator can provide advice on proper filing procedures and ensure employees receive the full range of benefits they are entitled to under state law.

Employees should always consult a workers’ comp attorney in Indiana before making any decisions regarding such claims and as soon as possible following a work place injury. With the right legal help, injured or ill employees can receive the full range of benefits they deserve in order to mitigate any financial losses incurred due to workplace injuries or illnesses.

Would you like to get started with a free case evaluation to discuss your right’s to fuller and fairer workmen’s compensation in Indiana? Contact the Law Office of Craven, Hoover, and Blaze k P.C. at 317-881-2700 to speak with a workplace injury lawyer in Indianapolis, Indiana. We also represent injured Hoosiers all across the state, and can meet via phone, video conference, or in-office.

How to Manage a Workers’ Comp Injury Claim

Posted on September 29, 2022 by admin

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.

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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.

The Two Main Types of Construction Site Slip and Fall Accidents

Posted on July 22, 2022 by admin

OSHA stands for Occupational Safety and Health Administration, which is an organization responsible for enforcing health and safety regulations in workplace environments. Employers, employees, and manufacturers are all obligated to follow OSHA guidelines and support comprehensive safety at work. These regulations are set in place to maintain safe workplace environments and prevent serious injuries and fatalities. Workplace accidents can range in severity, from minor wounds to serious life-long injuries or even death. People can lose their lives, their loved ones, or their ability to work or perform naturally in everyday tasks.

As for active construction sites, one of the most common on-the-job accidents is slip and fall accidents, emphasis on the falls. There are two main types of construction site slip and fall accidents. Continue below to learn more about them, plus what you should do as an injured construction worker or laborer in Indiana.

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Important Construction Site Accident Statistics

The Occupational Safety and Health Administration (OSHA) reports that, every single year, 1 out of 10 construction laborers are injured on site. Furthermore, OSHA informs us that falls from great heights are one of the top causes of such accidents. And according to the Bureau of Labor Statistics (BLS), every year there are nearly 150,000 construction site accident injuries reported. Of these injuries, fall accidents are one of the primary causes.

According to the National Institute for Occupational Safety and Health (NIOSH), 1,224 construction workers lost their lives in a construction accident in 2005. They suggest this makes the construction field the most dangerous industry to work in. In the United States, 15% of workers’ compensation costs are paid toward injured construction laborers who were hurt on the job.

Reasons For Construction Site Slip and Fall Accidents

Active construction sites are innately more vulnerable to the risk of slip and fall accidents due to negligent persons and companies, inclement weather conditions, dispersed construction equipment and machinery, production debris, great heights, and more. Although it goes without saying, the higher up a slip and fall incident happens, the more severe the injuries. At extreme heights, a slip and fall accident can mean instant death.

Some of the most common causes of slip and fall accidents on construction sites include inadequate safety training and equipment, loosened or broken handrailing, defective scaffolding, exposed electrical cords and cables, and surfaces that are uneven, wet, or slippery.

2 Primary Types of Fall Accidents on Construction Sites

Various slip and fall accidents can take place at a construction site, but the two primary types include same-level falls and falls from one level to a lower level. Same-level falls are best described as slip, trip, and fall accidents. These take place on ground level, or on a single level in which the fall does not cause the victim to drop to a lower level of the construction site. An example of the same-level fall at a construction site would be tripping over exposed electrical wiring and falling to the ground, resulting in a broken ankle and dislocated shoulder. This does not mean that a same -level fall cannot result in catastrophic injuries or death. They do, as the statistics above suggest.

Falling to a lower level typically results in more serious workplace injuries, and in some cases construction fatalities. Compared to same level falls, falling from one level to a lower level increases the chances of catastrophic injuries or deaths.

Falling in Man-Made Holes

Holes are also a common cause of accidents on construction sites. People, both workers and regular citizens, have literally fallen victim to unmarked or unguarded holes, trenches, and other deep cavities dug into the ground.

Guidance for Injured Construction Workers

If you are a construction worker, or an employee in any industry for that matter, who has been injured on the job or while performing work-related duties, it is in your best interest to consult with a licensed Indiana personal injury lawyer to learn your rights to pursuing legal action and obtaining the maximum compensation for your damages and losses.

Would you like to speak with a trusted workers’ compensation lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation to discuss your construction accident claim in Indianapolis, Indiana with an experienced workplace injury attorney. We represent workers throughout Indiana and Indiana citizens injured anywhere, plus we can meet over the phone, via video conference (Zoom, Skype, etc.), or in person at our Indy-based office.

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

Posted on June 14, 2022 by admin

The pandemic certainly changed the dynamic of the workforce. Many offices and professional businesses have leaned into the work-from-home strategy, finding that remote workers are happier, and therefore, produce higher quality work. Plus, incorporating remote staffing into a compatible business model can deliver a wide range of benefits in terms of overhead expenses and bottom lines.

Nonetheless, being that the telecommuting office strategy allows employees to work from home, the potential for blurred lines and boundaries are ever present. One such area of concern or confusion involves workplace injury liability.

Do remote workers qualify for workers’ compensation benefits if they are injured at home? Continue below to explore this topic further.

Workers' Comp Attorney Indianapolis Indiana 317-881-2700 — Workers’ Comp Attorney Indianapolis Indiana 317-881-2700

Workers Compensation for Work-From-Home Employees

Employees who work from home get to enjoy all sorts of concomitant perks, like not sharing a bathroom with a dozen other coworkers or spending more time with the family pet. But do these workers also get workers’ compensation perks if they are injured at home? The answer really depends on the circumstance and timing of the accident that caused the injury.

Scope of Employment

At-home workers are generally entitled to all the same benefits and protections as on-site workers. This also applies to workers’ compensation benefits. Whether an employee works from home or not, in order to be covered under workers’ compensation, they must have been injured while performing work-related duties. This is referred to as “scope of employment.”

For instance, if an employee leaves their house in the middle of the workday to go grocery shopping, and during which is injured, they are not covered under their company’s workers’ comp policy because they were not performing a work-related duty.

Oppositely, if the employee leaves the house to perform a work-related duty, like show a property to some potential buyers or make a delivery, then they should be eligible for workers’ comp benefits after sustaining an injury during the process.

So, if a remote worker is injured inside their house while performing work-related duties, they may qualify for workers’ compensation benefits so long as the work-related duty falls within their scope of employment. Common examples of work-from-home accidents include car accidents, slip and falls, back and neck injuries caused by poor posture, repetitive stress injuries (i.e. carpal tunnel syndrome), and possibly mental stress.

Who Might Be Ineligible for Workers’ Comp?

There are many cases in which an injured-at-home employee is disqualified from workers’ compensation coverage, such as causing the injury themselves or maintaining a hazardous at-home workplace environment. In fact, OSHA does not have any regulations that require business owners to inspect or sign off on their staff’s work-from-home offices. Additionally, if a remote worker is injured at home as a result of a hazardous at-home workplace, the business owner would likely not be liable.

It is important to note that certain vocations are not covered by workers’ compensation benefits, such as domestic workers (i.e. nannies, babysitters, housekeepers), agricultural workers, and independent contractors.

Were you recently injured on the job? Talk to a licensed and experienced personal injury lawyer to learn all about your rights to collecting a full workers’ compensation settlement. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

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

Posted on April 18, 2022 by admin

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 concentrates on 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.

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

Posted on March 15, 2022 by admin

After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.

Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.

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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Can I Quit My Job if I Am on Workers’ Compensation?

Posted on February 25, 2022 by admin

Are you currently receiving workers’ compensation benefits from a recent workplace or work-related injury? If so, it might be in your best interest to maintain your employment for the time being. Wanting to quit your job after suffering injuries in a workplace accident is understandable, but when you are on workers’ comp, it is not always the wisest choice.

Continue reading to learn more about workers’ compensation benefits, and how quitting your job could cause issues.

Worker Disability Lawyer Indianapolis Indiana 317-881-2700

Employment and Workers’ Compensation

Whether you can quit a job you are receiving workers’ compensation benefits at depends on a wide range of factors, from the state you live in and the status of your recovery to the benefits you are eligible for, why you wish to leave your position, and much more. For this reason, and because the matter of maintaining employment while on workers’ compensation is not a cut-or-dry matter, it is strongly encouraged to seek advice from a licensed and qualified Indiana workplace injury lawyer.

Medical Expenses and Hospital Bills are Covered Under Workers’ Comp Benefits

If you are injured on the job or while performing work-related duties, all of your medical expenses and hospital bills will be covered under your workers compensation benefits. Even if you quit your job, these benefits are still available to you. After all, your injuries from your work-related accident do not suddenly heal themselves if you decide to terminate your position at your place of employment.

COMMON MEDICAL EXPENSES:

▶ Medical Treatments
▶ Hospitalization
▶ Surgery
▶ Rehabilitation
▶ Physical Therapy
▶ Medications
▶ Mileage to Doctor’s Appointments
▶ Medical Devices (Wheelchairs, Crutches, Braces, Etc.)

Once the worker compensation judge that you have reached maximum medic a l improvement (MMI), which means your condition cannot be improved by further treatment, your workers’ compensation benefits for medical expenses and hospital bills will at least partially end. The judge makes his or her decision based upon the opinion of the doctor chosen by the worker compensation carrier, your own physician and sometimes a physician chosen by the judge. However, this does not mean that all workers compensation benefits have been extinguished. As a result of your workplace accident and injuries, you could require compensation for future medical care, medications, medical devices, and other future losses, such as partial or permanent disability and loss of inability to return to full employment.

Coverage for Lost Wages

When an injured worker is recovering from a workplace accident, they are unable to earn wages in the same way they were able to before the accident. Workers’ compensation benefits are designed to cover such losses, thus bridging the financial gap between leaving work and returning to work. However, the essential term here is worker. If a worker quits their job, there is no returning to their job, which can cause them to lose their worker’s compensation benefits.

Temporary and Permanent Disability

There are different types of categories an injured worker can be placed in depending on the degree of their impairment. These categories include Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). With temporary disability benefits, an injured worker generally receives 2/3rds of their average weekly pay. Injured workers who have suffered permanent disabilities will generally receive a lump-sum settlement, but in other cases may receive continued worker’s compensation payments.

ADDITIONAL FACTS TO CONSIDER:

☑ Quitting a job while on workers’ compensation may have a negative effect on your settlement.

☑ Never quit your job before making a workers’ compensation claim.

☑ If you are classified as TTD, but your employer does not have light duty work available, you can still receive workers’ comp benefits.

☑ If you quit while receiving workers’ compensation benefits, this can cause issues.

You have the right to quit your job on workers’ compensation, and no one will stop you, but understand that there is a risk when it comes to receiving the full and fair benefits you deserve. Talk to a workplace injury lawyer first, before making any decisions about your employment.

Are you having trouble understanding your workers compensation benefits in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed and experienced workers’ compensation attorney in Indianapolis, Indiana. We offer free initial consultations, over the phone, via online video conference, or in person at our Indy office. Our accident lawyers represent injured persons all throughout the state of Indiana.