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!

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

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.

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 specializes in Indiana workplace injury claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped to recover the full and fair amount of compensation you deserve after being seriously injured at work. Recover for damages and losses, including medical expenses, hospital bills, lost wages, and more. We represent injured workers all throughout the State of Indiana, so get started with a free consultation, today.

How Do I Sue a Store for My Injuries?

Posted on December 18, 2019 by admin

After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

Indianapolis Slip and Fall Lawyers 317-881-2700

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more. Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Common Examples of Negligent Supervision of Employees

Posted on October 1, 2019 by admin

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

Negligent Supervision Lawyer 317-881-2700

Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

How to Move Forward With a Company Vehicle Accident Claim

Posted on September 20, 2019 by admin

Were you recently injured in a car accident while driving your company-appointed vehicle? If so, it is imperative that you discuss your case with a seasoned car accident attorney who can help you get on track to a full and fair financial recovery. After all, you are likely concerned about paying for your hospital bills and medical expenses, as well as, losing money out of your paycheck while in recovery. You might also be worried about your own liability for vehicular damages.

In this confusing time, your best course of action as a victim of a company car accident is to sit down with a legal professional to learn what you need to know about the potential workers’ compensation and car accident claims.

Continue reading for advice on moving forward with a company vehicle accident claim in Indianapolis.

Indianapolis Car Accident/Workers' Compensation Attorneys — Indiana Car Accident/Workers’ Compensation Attorneys 317-881-2700

At the Scene of the Accident

When you were at the scene of the accident, hopefully you exchanged all necessary insurance and contact information with all other drivers involved, and took pictures or video of the accident site. This information will likely be used as evidence to support your claim for compensation when it comes time to negotiate a settlement. If you received medical attention at the scene of the accident, this record can also be used to argue your case. Always, always, always call the police and wait at the scene for the police to show up and write a report.

After the Accident Scene

If your injuries were not evident at first, but are now beginning to appear, you are experiencing an onset of injury, which is common among car accident victims. See our blog, “Did I Forfeit My Right to Compensation By Saying I Wasn’t Injured at the Time of the Accident?” to learn more about these types of claims. In this case, be sure to see a doctor immediately. Have them diagnose your injuries and treat them accordingly. And be sure to follow all doctors’ instructions during your recovery.

Hire a Personal Injury Lawyer

After being injured in a company car accident, your only priority should be to heal. That is why you need a licensed and experienced personal injury attorney who specializes in workers’ compensation and car accident cases. They will handle all aspects of your claim, and ensure you obtain a full and fair settlement. All you have to do is rest and recover from your injuries. Be sure to hire a lawyer before discussing any details of the car accident with anyone.

Indianapolis Personal Injury Lawyers

Important Forklift Safety Tips

Posted on December 26, 2018 by admin

If your business uses forklifts, it is vital that both you and your staff are familiar with all the safety rules and regulations associated with doing so. Having this training and knowledge is vital, as it can prevent serious accidents and injuries on the job.

Continue reading to review the top safety tips for operating a forklift, and then share this knowledge with your team to promote a higher level of workplace safety.

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

Forklift Operation

Forklifts generally weigh more than two or three tons, and achieve speeds of 10 mph. So it is no surprise that without proper knowledge and training, a person can put themselves and others in grave danger. In fact, operating a forklift is such a serious responsibility, it requires professional certification. To obtain a forklift permit, an individual should attend a school, take courses, be trained under OSHA standards and pass examines. Furthermore, these permits require renewal every 3 years, making the forklift operation learning curve an everlasting one.

Forklift Safety Review

As the employer, it is important to take every precaution necessary to prevent workplace accidents; and forklift safety reviews are on such precaution. Below are the top 5 forklift safety tips that your staff should know and practice at all times.

#1 Forklift Operators Must Be Certified

The most important rule is to make sure that only certified staff members are operating the forklifts. Unqualified employees should NEVER use a forklift under any circumstances. For those who are certified but still lack experience, it is encouraged to have them supervised while operating forklifts.

#2 Always Do a Pre-Inspection Before Each Use

Another important part of forklift safety is to ensure your forklifts are in good condition before each use. Forklift operators should always do a full inspection before turning on the machine, paying close attention to areas like the brakes, steering, controls, mast, tires, and warning devices.

#3 Always Wear the Proper Protective Gear

Forklift operators should never operate a forklift unless they are wearing the proper clothing and personal protection gear. This includes a hard hat, goggles, safety shoes, and a light-reflective jacket. Furthermore, loose or poor-fitting clothing should never be worn while operating a forklift.

#4 Always Make Sure the Load is Secured

Before using a forklift, operators should always double-check the cargo to ensure it is stable and secure. The cargo should be loaded properly and well-balanced. Improper cargo weight can cause forklifts to tip over or lose their load, putting others at serious risk of injuries.

#5 Maintain a Safe Speed at All Times

Forklifts are not go-karts, and should not be driven as such. Operators should always maintain a safe speed, even when they are not carrying a load. Although the average forklift doesn’t exceed 10 mph, this speed is more dangerous in a small space, making it easy to lose control of the machine.

Legal Help for Injured Employees

If you are an employee who was recently injured on the job while operating a forklift or other type of heavy construction machinery or by an a person operating a forklift or other type of heavy construction machinery, it is important to talk to a workers’ compensation lawyer for help understanding your rights. If the person operating the forklift or other type of heavy construction machinery was not a co-employee, you may be able to bring both a worker compensation claim through your own employer and an third-party liability claim against the employer of the forklift or other type of heavy construction machinery.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation to discuss your workplace accident with a seasoned Indiana personal injury lawyer you can trust.

Winter Slip and Fall Prevention Tips for Employers

Posted on November 26, 2018 by admin

This time of year, one of the most common injuries that take place at work are caused by slip and fall accidents. For this reason and more, it is necessary to prepare your premises for inclement winter weather by ensuring workplace safety all season long. Otherwise, you risk an assortment of financial and legal consequences, and worst of all, injured employees. The good news is, right now is the perfect time to start this initiative since the snow hasn’t arrived yet!

Continue reading to learn what you can do to winter-proof the workplace, including how to promote winter safety awareness among your employees.

Indianapolis Workplace Injury Lawyers 317-881-2700

Employer Consequences for Winter Slip and Fall Accidents

As an employer, you have a grave responsibility to keep both employees and patrons safe from hazards. And in the winter time, this responsibility requires even more attention since accidents are more likely to occur. According to the U.S. Bureau of Labor Statistics, in 2016 there were more than 20,500 workplace slip and fall injuries that resulted from conditions brought on by ice, sleet, and snow. Of these numbers, the U.S. Bureau of Labor Statistics estimated that 28% resulted in more than 30 days off work for victims.

These numbers should be a wake-up call to you as a business owner, and for many reasons. Workplace slip and fall accidents can result in very serious injuries, including broken bones, herniated discs, concussions, head injuries, brain injuries, and paralysis. Not only do these injuries severely impact an employee’s life, they can also have a significant negative impact on the company and business owner too. Possible employer consequences for winter workplace slip and fall accidents include:

⇢ Reduced Company Productivity
⇢ Higher Workers’ Compensation Costs
⇢ Replacement Employee Costs
⇢ Overtime Payments for Remaining Employees

Winter-Proofing Tips You Need to Know

In order to protect yourself, your staffs, and your company from the negative impact of slip and fall accidents, you must ensure that all hazards are eliminated and employees are well-aware of winter safety practices. Here are some things to look out for and manage before the winter precipitation is here:

⇒ Snow Removal Management:

Meet with your snow removal provider and maintenance staff, and make a concrete plan for snow and ice management. Be sure they understand the protocol you expect, including which entrances and areas to clear first. Also go over an accountability plan to avoid staffing problems and poor workmanship.

⇒ Outdoor Maintenance:

Handle all needed outdoor repairs that can turn into winter hazards before the winter precipitation begins. This includes parking lot surface damage (potholes, lamp posts, road marks, etc.), poor lighting, uneven walkways, curbs, ramps, handrails, staircases, plumbing pipes, water leaks, and more. By repairing these areas, you increase the safety of your exterior premises.

⇒ Indoor Maintenance:

Turn your attention to the interior and be sure to eliminate the possibility of slipping on wet floors. Implement warning signs and floor fans for entrances that collect melted snow and ice, ensure that all indoor lighting is sufficient, incorporate beveled floor mats to trap excess water, and keep some extra floor mats around to replace the saturated ones. This includes cleaning up all spills and puddles immediately. Also in the interior, eliminate any tripping hazards, such as electrical cords, torn carpeting, poor lighting, obstructed walkways, and anything else that can cause someone to trip and fall.

Indianapolis Workplace Injury Lawyers

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a workers’ compensation claim in Indiana. Our seasoned Indianapolis workplace injury lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries at work. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started, today!