FAQS About Work Related Car Accidents

Posted on August 6, 2021 by admin

In today’s workforce, many employees are required to drive as a part of their job-related duties. When an employee is involved in a car accident, whether in their personal car or in a company car, so long as they were performing work-related duties, workers’ compensation usually pays for all of their medical expenses and the majority of their lost wages from missing work. But after being in a car accident, injured victims suffer more damages than just medical expenses and lost wages. In such cases, they may be eligible to pursue in accident claim against third parties responsible for any damages resulting from their car accident injuries.

There’s a lot to know about work-related car accidents, workers’ compensation benefits, and third-party claims, but fortunately you don’t have to bother with any of this. As soon as you are capable, speak with a licensed Indianapolis personal injury lawyer to learn the best course of action for your car or trucking accident claim in Indiana.

In the meantime, continue reading to review some frequently asked questions about work-related car and trucking accidents to get a better understanding of what type of legal process you may experience ahead of you.

Indianapolis Indiana Car Accident Lawyer 317-881-2700

What is Considered a Work-Related Car Accident?

A work-related car accident is when an employee who is performing work duties is involved in a car or trucking wreck or collision. The accident does not have to be with another vehicle; it can be just the employee. The most common types of work-related car accidents happen to those whose primary role is driving, such as delivery drivers, commercial truck drivers, bus drivers, and similar commuting-based vocations.

What are Some Other Types of Work-Related Car Accidents That May Be Covered Under Workers’ Compensation?

In addition to those whose primary role within the company is to drive, there are other types of work-related car accidents that can take place. Car accidents happen in an employer’s parking lot may be covered under workers compensation, as well as employees who are driving from one company location or job site to another for the purpose of a job shift change. Also, workers compensation may cover car accidents that occur to employees who are driving to or from a mandatory company meeting or event, such as a training program or conference.

What are Some Examples of Car Accidents That Would Not Be Considered Work-Related, and Therefore Not Covered by Workers’ Compensation?

Not all car accidents are considered work-related even though they may appear to be. In such a case, employees would not be eligible for workers’ compensation benefits. For instance, if an employee is involved in a car accident on their way to work or on their way home from work, their accident would not be considered work-related. Although every case is fact sensitive so it should be investigated.

Another example would be if an employee was in a car accident after a company social event, like a holiday party or charity fundraiser. Since the event is not mandatory, and employees are not compensated for their attendance, a car accident that takes place before or after the event might not be considered work-related.

What Should I Do if I Am injured in a Work-Related Car Accident?

As soon as you are involved in a car accident, whether it is work-related or not, your priority should be medical treatment. Contact the police and the paramedics to ensure that you and anyone else involved in the accident are seen by EMTs. Next, you want to start documenting the scene of the accident. So, be sure that you have the police there to file a police report, get a copy of the police report, and continue to document any other pieces of evidence via video or photos.

Take pictures and videos of the cars involved in the car accident, the nearby intersection, the streetlights, the surrounding environmental terrain, and anything else that could be used as evidence to support your car accident claim. It is helpful to also ask onlookers or witnesses for their contact information in the case that they can provide witness testimony later.

✨ Stay tuned for next week’s blog in which we’ll discuss why injured employees need to hire a personal injury lawyer after being involved in a work-related car accident.

Are you looking for a skilled personal injury attorney who can help you with your car accident or workers compensation claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

You Might Also Read:

What To Do If You are Injured at Work
Difference Between Third Party Lawsuits and Worker’s Compensation Claims
FAQS About Having to Go Back to Work After a Workplace Injury

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

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

Posted on April 15, 2021 by admin

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

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

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

Indianapolis IN Personal Injury Law Firm 317-881-2700

Third Party Claims for Injured Workers

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

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

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

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

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

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

You Should Also Read:

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

How to Prevent Winter Slip and Fall Accidents

Posted on February 23, 2021 by admin

There is no denying that Indiana took on a significant amount of snowfall these past two weeks. Right now, businesses, apartment complexes and offices all across the state are coping with and mitigating the inevitable trails of snow, slush, sleet, and ice brought in by foot traffic. So, right now, it is important to ensure that visitors and tenants are reasonably protected against these inclement environments, both indoors and out. Under Indiana’s premise liability laws, businesses and employers have a legal duty of care to do so.

If you are a property owner, continue reading to learn some helpful tips for avoiding winter weather-related slip, trip, and fall accidents, as well as what to do if you are injured on the property of another.

Indiana Slip and Fall Personal Injury Attorneys 317-881-2700

Winter Safety for Property Owners

It is important to be prepared, first and foremost. Watch the weather reports and keep up with changing conditions. This will allow the property owner or property manager time to plan and arrange the proper maintenance procedures. Keep in mind that freezing ice that melts and then refreezing is dangerous as well and salting should take place quite often.

We all know that snow and ice lead to wet floors. So, it is wise to be prepared with warning signs, dry mops, fans and most importantly constant inspections to look out for dangerous conditions so the dangerous condition may be fixed before people are injured.

If your employees upon inspection see icy or slippery conditions at work, advise them to be sure to immediately notify a supervisor before any accidents can take place and they should remain with the dangerous condition to warn patrons of the store and the employee who found the dangerous condition should send some other employee to advise a supervisor so that the warning signs, dry mops, fans are brought to the where the dangerous condition exists.

Slip and Fall Prevention for Employers and Places of Business

Employers are encouraged to pass around memos, send emails, give out pamphlets, and hang posters to promote optimal workplace safety inspections at all times. Staff training and safety seminars are another effective tool to further protect staff and customers from slip and fall accidents. A proper inspection schedule and inspections training are vital to keeping the premises safe for all who enter the premises.

It is important for businesses to stay on top of wet surfaces and floors, and post Wet Floor signs in areas that have just been mopped and cleaned. Exterior snow and ice removal is another factor that must be reasonably addressed by business owners to ensure their staffs and guests are protected, especially against melting snow and related hazards. Ice-melting salts should be applied after proper snow shoveling and inspections should be performed and documented as being performed. Moreover, a business and apartment complexes should designate a representative to watch weather reporting services so the property can be made safe for customers before the customers begin arriving and before tenants have to walk on the sidewalks to get to their cars to go to work.

Were You Seriously Injured at Work in a Slip and Fall Accident in Indiana?

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated in a slip and fall accident. Our Indiana injury attorneys do everything possible to obtain the full and fair compensation that is rightfully owed to our clients. We retain the proper skills, legal resources, finances, and more to obtain fair and full relief for accident victims. Contact us today at 317-881-2700 to schedule a free case evaluation over the phone, via video conference, or in-person at our Indianapolis law office. We represent clients throughout the State of Indiana.

Can I Recover Compensation for Lost Wages After My Personal Injury Accident?

Posted on February 19, 2021 by admin

A wrongfully injured personal injury victim experiences several losses after an accident, but a significant types of damages they suffer is the loss of paychecks from missing time at work. Often times, wrongfully injured victims face financial challenges since they are not bringing in the same, steady income they were before. For those who are primary care-takers of their families, this is an added burden. Fortunately, wrongfully-injured victims can prove their lost wages in a personal injury lawsuit, and thus, be awarded compensation for the paychecks they would have received, and possibly future lost wages as well.

Continue reading to learn how an experienced personal injury lawyer can prove your lost wages and recover the full and fair compensation you deserve after being injured in an accident that was not your fault.

Indiana Personal Injury Attorneys 317-881-2700 — Indiana Lost Wages Attorneys 317-881-2700

Claiming Payments for Lost Work Wages After an Accident

Missed payments and similar earnings are considered lost wages. They apply even if an injured victim goes back to work, but in a limited scope, and at a lower pay. Lost wages can include base pay, bonuses, commissions, tips, company perks, overtime, PTO, sick days, and even vacation days. Whether you have had to take full time off work after your personal injury accident, are only able to work part-time or temporarily, or you can never go back to work ever again, you should be a good candidate for receiving a settlement or verdict in your favor if the accident that caused your injuries was not your fault.

You must, however, be sure to hire an experienced Indiana personal injury law firm to represent your claim. Only they can navigate your case in the right direction, and in the best interest of your and your claim’s outcome. Essentially, they have the knowledge and skills to prove wage-related losses in an accident lawsuit, or well-before your claim even goes to trial.

Proving Lost Wages

In order to prove that you have in fact lost out on work paychecks as a result of your accident and subsequent injuries, your lawyer will substantiate a case filled with concrete irrefutable evidence and documentation. They will prove that your accident was caused by a negligent party, and that the accident was caused genuine, precise, and compensable losses. Lost income is one of these types of specific and calculable losses.

Additionally, your lawyer will provide other types of evidence to support this claim, including a detailed description of your job and work hours, past paycheck stubs, recent tax return documents and W-2’s, a letter from your boss confirming your lost wages, medical records, doctors’ letters, and even expert testimonies if necessary. As a personal injury victim, you might also recover compensation for future lost wages and similar earnings, including loss of retirement benefits and loss of pension.

How to Get Your Personal Injury Claim Started in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about your rights to being compensated for your lost wages after a serious personal injury accident in Indianapolis, Indiana. Our seasoned accident attorneys have extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

How to Try to Prevent a Heavy Lifting Injury at Work

Posted on December 4, 2020 by admin

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

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

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

Trying to Prevent Serious Lifting Injuries

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

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

Heavy Lifting at Work

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

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

Indiana Workers’ Compensation Attorneys You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated at your place of employment, or while performing work-related duties. Our seasoned personal injury lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more.

What to Do if You are in a Company Car Accident

Posted on September 22, 2020 by admin

Nothing interrupts a workday worse than wrecking the company vehicle. And when injuries are serious, it can interrupt the quality of your life as well. For this reason, it is important to be prepared. Knowing how to handle a car accident in your work vehicle will be helpful to your claim and recovery. Continue reading for tips on what to do if you are ever involved in one.

Indiana Car Accident and Workers' Compensation Lawyers — Indiana Car Accident and Workers’ Compensation Lawyers 317-881-2700

Tips for Driving a Company Vehicle

If you are frequently commuting back and forth in a company car all day long, it is important to be prepared for a car accident. With so much driving, the likelihood of being involved in a collision of some sort increases drastically. To prepare, keep a camera in your vehicle, along with your insurance information, pen, paper, and of course, your drivers’ license. These items will make your post-accident timeline much smoother, and will also allow you to record any evidence you need to support your insurance and/or injury claim. Evidence includes witness statements, witness contact information, other driver’s insurance and contact information, pictures of damages and the scene of the accident, and more.

Steps to Follow After a Company Car Accident

As soon as you are involved in a car accident in your company-issued vehicle, the first step is to seek medical attention right away. Once you are stable, you can continue on. If you are transported directly to a hospital for serious injuries, ask a police officer to help collect the information you need beforehand (if you can). If not, don’t worry about it; an experienced personal injury lawyer can help you gather all the evidence needed to support your case if need be.

If you are stable, then your next step is to check on the other people involved in the accident to see if they are okay. If they require medical treatment, step back and allow them to receive it. If they are stable, then you want to exchange insurance and contact information with them. It is also recommended to take a photo of their insurance card, license plate, and drivers’ license to ensure accuracy in case of clerical errors.

Next, use your phone or camera to take pictures and video of the scene of the accident, the vehicular damages, the road signs, stop lights, or other objects you think contributed to the accident. Also take pictures of any physical injuries you have on your body. Once you have visual evidence, look around to see if there were any witnesses to the accident. Ask them for their contact information if you need their statements during the claims process.

The last step is to hire an experienced Indianapolis personal injury attorney to help negotiate your car accident settlement in the case that you were seriously injured. They can help you recover the full and fair compensation you need to come back from your losses and damages, including hospital bills, medical expenses, lost wages from time off work, pain, suffering, and more.

Craven, Hoover, and Blazek Helps Injured Indiana Car Accident Victims

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana. Seasoned injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, handle car accident injury claims and workers’ compensation claims, and have represented thousands of injured persons in Indiana. Our personal injury law firm offers free initial consultations to evaluate your eligibility to pursue legal action and collect compensation for your damages. Best of all, we never collect attorney fees unless we recover a settlement or verdict for you!

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

Posted on September 4, 2020 by admin

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

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

Medical Improvement

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

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

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

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

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

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

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

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

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

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced Indianapolis personal injury attorney who concentrates on Indiana workplace injury claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped to recover the full and fair amount of compensation you deserve after being seriously injured at work. Recover for damages and losses, including medical expenses, hospital bills, lost wages, and more. We represent injured workers all throughout the State of Indiana, so get started with a free consultation, today.

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

Posted on August 7, 2020 by admin

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

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

Indiana Construction Site Accident Lawyers 317-881-2700

Construction Accident Claims

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

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

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

Construction Site Accident Lawyers Can Help Your Case

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

Who to Trust With Your Indianapolis Construction Accident Claim

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

When is an Injured Employee Ineligible for Workers’ Compensation Benefits?

Posted on June 30, 2020 by admin

Getting injured on the job is a serious situation. This is why companies are obligated to provide employees with specific reimbursements to cover all workplace injuries. This legal duty of care falls under workers’ compensation law, which entitles most injured employees to certain benefits. Although not as common, there are some cases in which an employee is disqualified from receiving workers’ compensation benefits.

Continue reading to learn more about workers’ compensation claims and benefits, including when an employee might be ineligible for such coverage.

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

Occupational Health and Safety Administration (OSHA)

To understand workman compensation benefits, you need to know about OSHA regulations. The Occupational Health and Safety Administration (OSHA) is a governmental agency in charge of enforcing health and safety regulations in workplaces within the United States of America. Their primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers, and more, are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

Common Benefits Granted Under Workers’ Compensation Laws

When an injured employee makes a workers’ compensation claim, they are filing to receive compensation for their damages and losses incurred as a result of their workplace accident. Such damages and losses include hospital bills, medical expenses, lost wages from missing work, and similar out-of-pocket costs. Injured employees might also be compensated for permanent partial or total disability and for any permanent injuries.

Economic damages are for tangible financial losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Non-economic damages are not direct and tangible monetary losses, like medical bills. They are damages awarded for emotional or mental losses and hardships. See our blog, “What Benefits Am I Owed For My Workplace Injury Claim in Indiana?” for details about specific benefits that can be recovered through a workers’ comp lawsuit.

Workers’ Compensation Exclusion

There are also situations that would cause an injured employee to be excluded from worker’s compensation benefits. If an employee is injured at work under as a result of their own intentional conduct, an insurance company will likely deny their workers’ compensation claim. Cases that could render an injured employee ineligible for workers’ comp benefits include the following:

They were injured while committing a crime.
Their injuries were self-inflicted.
They were injured while under the influence of drugs or alcohol.
Their injuries occurred while partaking in a specifically restricted activity.

Where to Get Help With Your Workplace Injury Claim Questions

Always consult a licensed and experienced personal injury lawyer who handles workplace accidents for help understanding your rights to being compensated. Don’t let an insurance company tell you no when you need coverage for your resulting damages and losses. A skilled accident lawyer can help you recover the full and fair payout you deserve after being seriously injured on the clock.

Legal Advice For Workplace Injury Insurance Settlements in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your Indiana workplace injury claim with a licensed personal injury attorney you can trust. We retain extensive experience with workers’ compensation claims, and represent clients throughout the State of Indiana. Not only does our law firm offer free initial consultations, we never collect lawyer fees unless we obtain a settlement for you.

Difference Between Third Party Lawsuits and Worker’s Compensation Claims

Posted on May 19, 2020 by admin

Third-party lawsuits often involve workplace accidents and injury claims, but they are different from workers’ compensation claims. If an employee is injured on the job, but by a person or company outside of the workplace, this employee might pursue a claim against this “third party.” A quick example involves a truck driver being hit by a drunk driver while on the job. Not only can this truck driver collect workers’ compensation benefits, they can pursue a third-party lawsuit against the drunk driver that hit them. Third party claims help victims recover the full and fair compensation they rightfully deserve following a negligent accident that was no fault of their own.

Continue reading to learn more facts you need to know about workplace injury claims, third party lawsuits, and protecting your rights as an injured victim.

Indiana Personal Injury Attorneys 317-881-2700

Workplace Injuries and Accidents

Workplace injury claims are turned over to the Workers’ Compensation Board of Indiana, while third-party lawsuits are addressed in state civil courts. To establish an opposing party’s accountability, a personal injury lawyer should be hired to facilitate a full and comprehensive investigation to collect evidence of such negligence. It is important to hire a licensed personal injury lawyer for these kinds of claims and lawsuits. They retain the effective legal resources and knowledge to document a strong case against an opposing negligent party. Be sure to choose a personal injury attorney with extensive litigation and trial experience in the case that your claim cannot be settled out of court. If a third party lawsuit cannot be settled outside of court, it must be decided upon by a judge or jury.

Here are additional examples of possible third-party lawsuit scenarios:

If a worker slips on wet floor and injures themselves, they can collect workers’ compensation. If the floor was wet because the cleaning company failed to properly dry it, the worker can also pursue a claim against the cleaning company. The settlement would be with their insurance company.

If a man injures his hand in factory machinery, he can collect workers’ comp. If the injury occurred because the machine’s design was flawed or defective in some way, he may also sue the machine’s manufacturer. The settlement would be with their insurance company.

If a dog gets loose from its owner’s grasp and attacks a housekeeper in a hotel, the housekeeper can collect workplace compensation, but can also pursue remuneration from the dog’s owner. The settlement would be with their insurance company.

If you were recently injured at work or anywhere else, contact a seasoned lawyer right away. Be sure to act fast, before the statute of limitations runs out on your claim and before evidence is lost, leaving you ineligible to pursue recompense for your damages.

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim, or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.