Discussing Personal Injury Protection (PIP)

Posted on June 22, 2015 by admin

In the past weeks, we have discussed several facets of personal medical insurance coverage and liabilities, including medical payments coverage, personal umbrella policies, and personal injury protection. We mentioned that Indiana is a tort state, so additional insurance policies like the aforesaid are not mandatory by law. Nonetheless, they are wise insurance policies to purchase. Continue reading to learn more about personal injury protection (PIP) and how it relates to auto accident insurance coverage.

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PIP Insurance Coverage

Personal injury protection insurance is a type of medical payments coverage for drivers and passengers who are injured in a motor vehicle accident. Under this policy, all or a portion of medical expenses and hospital bills (driver and passengers) are paid for no matter who is to blame for an auto accident. No-fault accident states require this type of insurance coverage, but Indiana is not a no-fault state, it is a tort state. For this reason, Hoosiers are not obligated by law to obtain PIP coverage to legally operate a vehicle.

Although most Indiana car insurance policies have a degree of medical expense coverage, and some medical insurance policies cover auto accident injuries, many drivers can benefit from additional coverage by purchasing a PIP plan. If medical expenses exceed insurance coverage limits, a person must pay out-of-pocket for the remaining bill. With a PIP plan, these superlative expenses are covered for both the driver and their passengers.

Conclusion

PIP plans can vary in deductibles, pay limits, and coverage. Depending on the state you live in and the type of coverage you choose, your policies details may vary from another’s. Personal injury protection insurance can cover medical and hospital bills, disability benefits, lost wages, and in some cases, even death benefits. Call your medical insurance carrier to inquire more about PIP coverage options in your state.

Injured in an Auto Accident?

If you were recently injured in a motor vehicle accident that was no fault of your own, contact a car accident attorney for information about your legal rights. You may be entitled to certain compensation for your damages and losses.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about car accident injury claims in Indianapolis, Indiana. Personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions about filing a car accident injury claim in Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indiana is a Tort State in Terms of Auto Accidents and Insurance Coverages

Posted on June 15, 2015 by admin

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Many states are “no-fault” states, meaning drivers that are involved in auto accidents use their own insurance coverage to pay for their damages and losses, no matter who is at-fault for the collision. But Indiana is NOT one of those states. Hoosiers live in a “fault” state, or tort-system state, meaning someone has to be found “at-fault” for the accident. In fact, Indiana uses comparative fault law to determine exactly who is at fault for an accident, and to what degree.

Continue reading to learn more about Indiana’s tort system in regards to auto accidents and insurance policies.

Indiana’s Tort System

In Indiana, they use a tort system that determines who is at fault for a motor vehicle accident. And when a person is assigned fault for an auto accident, it is their insurance company that pays for their damages and the damages of the injured parties, up to their particular policy limits. There are state limits to the amount of insurance a driver must obtain to legally operate a vehicle. In Indiana, the state minimum for auto insurance is 25/50/10. Below is a chart to understand what this numeric value means.

$25,000 Limit for Bodily Injury Liability (per injured person)

$50,000 Limit for Bodily Injury Liability (per accident)

$10,000 Limit for Property Damage Coverage

These values are the state minimum for legal driving in Indiana. If a driver does not have this coverage they are operating their vehicle illegally, and if caught, can face state fines, property revocations, and possible misdemeanor charges.

Comparative Fault

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Indiana handles automobile accident cases in agreement with the Comparative Fault Act. This means fault is allocated among all involved parties. Parties include the plaintiff (injured driver), the defendant (the accused at-fault driver), and possible “non-party” entities. A non-party entity is a person or company that could be assigned a portion of fault for the accident, but for strategic reasons, was not sued by the plaintiff.

In the case of a motor vehicle accident lawsuit, all parties are identified and then assigned fault. So long as the plaintiff is assigned 50% or less of the fault, they can collect remuneration for their damages. If they are found to be more than 50% at fault, they get nothing. For example: A person is assigned 25% fault, while the defendant is found to be at 75% fault. If the courts award the plaintiff $100,000 for their damages, the plaintiff will only take 75% of that amount since they were apportioned 25% of the fault for the accident. Had the plaintiff been apportioned 51% or more of the fault, they would be compensated nothing.

Additional Insurance Coverage

In the no-fault states, drivers are required to have PIP coverage or MedPay coverage; insurance policies that cover the medical expenses of a driver and their passengers injured in an auto accident. Since Indiana is a tort state, so drivers are not required to purchase this type of additional insurance coverage. However, they do have the option and they come highly recommended. Indiana drivers can purchase PIP (personal injury protection) coverage or medical payments coverage (MedPay) if they choose. Hoosiers can also purchase a personal umbrella policy (PUP) that pays for any damages outside of their auto or homeowners’ policies. Be sure to check back next week for an in-depth discussion about PIP and PUP insurance.

Indianapolis Auto Accident Attorneys

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 after being injured in an auto accident in Indianapolis, Indiana. Indianapolis auto accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will recover the full and fair compensation you deserve after sustaining a serious injury resulting from a car accident that was not your fault. We offer free initial consultations to discuss your claim, and never charge lawyer fees unless we recover compensation for your losses. Call 317-881-2700 to file a car accident injury claim in Indianapolis, IN today.

What is MedPay?

Posted on June 10, 2015 by admin

Every driver needs to have car insurance. But car insurance only covers damages to vehicles, not people. Fortunately, there is an additional type of coverage you can purchase to protect yourself and your passengers. It is called medical payments coverage, or MedPay insurance for short. It is a form of insurance coverage for “Medical Payments to Others”, rather than vehicles. In the case of an auto-related or motor vehicle accident, whether your fault or not, med pay insurance will cover the medical expenses of yourself and your passengers if injured as a result of the accident. Continue reading to learn more about MedPay, how it works, and where to obtain such insurance coverage.

Personal Injury Lawyers 317-881-2700

Medical Payments Insurance

Any medical costs that results from an auto-related or motor vehicle accident will be paid for by a medical payments insurance policy. It pays for and protects your passengers and yourself, but it does not cover medical expenses for the people in any other vehicles involved. That would require third-party insurance coverage. Medical payments coverage is usually set at a maximum limit of $25,000. All medical costs that exceed a MedPay policy’s limit has to be paid out of pocket, by health insurance, or third-party insurance.

There is a lot of confusion when it comes to understanding MedPay coverage. Many assume it is a type of health insurance, but it is only meant to cover injuries caused by auto-related accidents, and again, only has a $25,000 payout limit. Also, health insurance will only cover your injuries, not the injuries of your passengers. Instead, med pay is more like PIP, or Personal Injury Protection. Although both types of insurance are similar, MedPay differs from PIP because it only covers medical expenses, not lost wages or other damages, like PIP coverage does. We will further discuss PIP coverage in next week’s blog, so stayed tuned!

It is strongly encouraged to purchase MedPay insurance for anyone who regularly carpools as well as, for adolescent drivers. It is a lucrative expense that is well-worth it in the end. Also, medical payments insurance has to be purchased for every single vehicle owned, including motorcycles. So if you only have MedPay insurance for your Jeep, but an accident occurs while driving your Honda, you will not be covered by your MedPay policy. You need to insure all vehicles to be fully-covered. Start by calling your own car insurance provider to inquire about MedPay, but be sure to also shop around for the bet rates. For an affordable cost, you and your passenger’s medical expenses can be covered if ever seriously injured in a motor vehicle accident in your vehicle.

If you or a loved one has been seriously injured in a car accident, contact a licensed personal injury lawyer right away to learn your rights and recover the full and fair compensation you are owed.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury car accident claims in Indianapolis, Indiana. Attorneys Keith Blazek, Ralph Hoover, and Daniel Craven have extensive trial and litigation experience in Indiana, and will work hard to recover the compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect lawyer fees unless we get you money! Call 317-881-2700 to find a reputable and experienced car accident attorney in Indianapolis, IN and its surrounding counties.

What is a Reservations of Rights Letter?

Posted on June 1, 2015 by admin

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

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When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.

What is the Difference Between Criminal and Civil Penalties?

Posted on May 26, 2015 by admin

There are two primary categories of law within our country’s legal system, civil law and criminal law. Within both categories, legal penalties can ensue for any guilty parties. To understand civil penalties and criminal penalties, it is best to first review what civil and criminal cases are defined as under law. Continue reading to learn about civil and criminal cases, their penalties, and their differences.

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Civil and Criminal Cases

Civil cases are cases in which a person, company, organization, or corporation files a legal complaint against another entity; that entity being any of the above mentioned as well. Civil cases generally deal with legal disputes between private parties, or negligent acts that resulted in injury or damages. The party filing the complaint in a civil court is called the plaintiff, while the party responding to the complaint is the defendant. This process is called litigation. In civil litigation, the plaintiffs ask the courts to “right” a wrong-doing by the defendant. This usually means paying some form of remuneration or compensation to the plaintiff party, or some other form of civil penalty.

Criminal cases deal with actual crimes committed by a defendant, rather than “civil wrong-doings.” These cases are filed by the government, often times the State, and are represented by a state prosecutor. Regular citizens cannot file a criminal lawsuit against a defendant; they instead, can only report the crime and leave the rest up to the ruling branch of government. A defendant will be found guilty or not guilty by the state, with a guilty ruling resulting in criminal penalties.

Civil and Criminal Penalties

Crimes are acts that prohibited and punishable by the government, and fall into two main categories depending on their seriousness: felonies and misdemeanors. Felonies are the more serious types of crimes, rendering jail time of one year or more, and misdemeanors are less serious crimes, rendering sentences less than a year. Examples of criminal cases include murder, assault, battery, armed robbery, theft, arson, embezzlement, and similar crimes against society that affect public safety.

Criminal penalties are those that penalize defendants for committing such crimes. Criminal penalties mostly include capital punishment (death penalty), jail time, incarceration, probation, legal fees, revocation of certain licenses, loss of certain rights, loss of citizenship, retribution, rehabilitation, and more.

Civil “wrong-doings” are acts that cause another person or entity harm, damage, or trouble. Examples of civil cases include personal injury lawsuits, fraud, negligence, breach of contract, harassment, and other similar wrong-doings. In contrast to criminal penalties, civil penalties generally involve monetary payment, or a court order to do something or not do something (i.e. a corrective action or restraining order). Also in contrast to criminal penalties, civil penalties are handed down by a judge, or settled out of court by opposing insurance adjusters.

Consult a licensed personal injury attorney right away if you believe you or a loved one is a recent victim of a civil wrong-doing or negligent accident. You may be entitled to compensation for your damages. Damages include but are not limited to: lost wages, pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, and much more.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience practicing personal injury law. They are seasoned accident lawyers that can prevail for you and your family following a serious injury, accident, or loss. You may be owed compensation for such damages and more. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with Indianapolis personal injury lawyers that truly care.

Explanation of Negligence Per Se Claims

Posted on May 19, 2015 by admin

Indianapolis Accident Attorneys 317-881-2700

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana — Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Personal Injury Settlement Checks

Posted on May 12, 2015 by admin

When a person is injured in an accident and sues for compensation, upon winning their case they should receive a financial settlement in the form of a check. This can take up to two years depending on the number of appeals, which is a common occurrence for personal injury lawsuits. Continue reading to learn about the process behind receiving a financial settlement after winning a personal injury lawsuit and more.

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Order of Settlement

After a case is settled or a trial is won, a personal injury lawyer has the responsibility of relaying this information to the court. When the court is informed that a case has been settled, they issue an “order of settlement”, which obligates both parties to completing a series of settlement paperwork. Depending on the state or the court, this paperwork must be completed and returned to the court within 30 to 60 days. One of the most vital components to the settlement paperwork is the release.

Release Documents

The defense attorney is responsible for preparing the release document. It is a document that underlies and sets forth all the terms of the settlement. Although this document can be narrowed down to a few short pages, it is common for defense attorneys to take their time on a release document, filling it with thick legalese reaching up to 20 pages long or more. Upon completing this release document, the defense lawyer will send it to the plaintiff’s lawyer for approval.

A release can be completely honest and direct, or it can be quite objectionable. This is why the accident attorney needs to approve it before it is finalized. This segment of a personal injury settlement can take some time because both attorneys have to come to an agreement. It can take days or even weeks to come to a reasonable consensus, delaying the entire settlement process. But in the case that the two attorneys cannot agree on the release, they will ask a judge to make the decision for them.

Now, when the release is agreed upon by both lawyers, the personal injury lawyer will send the release document to their client to review it and sign it. It is common for clients to do this in the presence of a licensed notary, perhaps in triplicate, for this part of the process. It is important for injured clients to carefully read through the release and asking their lawyer any pertinent questions about the document before adding their signature in front of a public notary. This is because there is no opportunity to alter this document once it has been signed and sent back to the defense attorney.

The Settlement Check

A settlement check is sent directly to the client’s lawyer, not the client or their insurance company. Again, this can take a couple of years to actually receive in the mail, depending on the amount of appeals and the productivity of the appellate court. This check generally will have the names of both the client and the attorney. This means it will need to be endorsed by the client before it can be deposited into their lawyer’s client-trust account. Once in this account, the lawyer will deduct their share of the settlement, which should have been negotiated at the time of hire. Another check will be issued by the law firm to the client of the remaining settlement amount.

Clients should ask their attorneys for a copy of the settlement check, or all checks totaling the settlement amount, sent by the insurance company, as well as, a financial breakdown sheet of the settlement, BEFORE the check is deposited into an attorney client trust account. This is the lawful right of every personal injury client.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a personal injury lawyer in Indianapolis about filing an accident claim, today. Lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished, seasoned accident attorneys with extensive trial and litigation experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your case. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Advice Regarding Slip and Fall Personal Injury Claims

Posted on May 6, 2015 by admin

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall claims are prevalent in the world of personal injury law. Accidents like this happen when a person slips, trips, or falls, and seriously injures themselves, as a result of a particular hazard on other person or company’s property. Several hazards can cause these kinds of accidents to occur on private or public property, such as puddles, spills, leaks, torn carpeting, poor lighting, and more.

If you or a loved one was recently injured in a slip and fall accident on another person’s property, it is vital to consult a reputable and experienced personal injury lawyer that concentrates on these types of accident cases. They retain the proper resources and knowledge, as well as, litigation and trial experience, to represent slip and fall victims in order to recover full and fair compensation for their damages.

Continue reading for more free advice regarding slip and fall injury accidents, claims, and lawsuits.

Slip and Fall Accident Claims

Anyone who is seriously injured from a slip and fall accident on a property other than their own could very well have a valid personal injury claim. Determining a claim’s validity and proving fault involves several variables and extensive investigation. A judge, jury, or insurance company must be convinced that the owner of the property was negligent in some way that caused the hazardous condition to exist, and that the victim used reasonable care and could not foresee the hazardous, thus preventing injury. Again, many variables goes into finding fault, proving fault, and more. This is why it is vital to hire a proficient personal injury law firm to facilitate a slip and fall case effectively.

Indianapolis Accident Lawyers 317-881-2700 — Indianapolis Slip and Fall Lawyers 317-881-2700

Property owners have a responsibility to keep their premises safe for visitors and guests. They can be at-fault for a slip and fall accident if they knew about, or should’ve known about, a hazardous condition and neglected to address it. However, there are circumstances to slip and fall accidents in which the victim is at-fault and does not have a valid legal claim against another property or company. An example of this situation would be if a woman wearing high-heels on a snowy day walks into a grocery store displaying “wet floor” signs everywhere happens to slip and fall in a puddle of melted ice.

She would have a very weak case because she did not use reasonable care by wearing unfitting shoes in poor weather, as well as, ignoring wet floor signs that indicated a potentially hazardous condition. The grocery store did their part in this example by displaying wet floor signs to warn customers that the floor is slippery and to walk with caution. And there are certain elements in the law that protect property owners, under certain circumstances, from hazardous conditions caused by weather, or conditions they cannot reasonably prevent.

Filing a Slip and Fall Claim

If you or a loved one recently suffered serious injuries as a result of a slip and fall accident on another person’s property, you have the option of filing a slip and fall claim. During this filing process, evidence will be requested to prove that the owner of the property should have known, or did know, about the hazard that caused the accident to occur. To do this, hire a personal injury attorney that has experience in slip and fall lawsuits. They will provide comprehensive representation for all aspects of your slip and fall lawsuit. They can obtain compensation for damages related to your accident and injuries.

As for property owners, it is strongly encouraged to purchase insurance policies that protect you from paying out-of-pocket for slip and fall accident settlements. This is especially important for commercial properties, business owners, and offices. In addition to third-party insurance, simply implementing certain strategies and precautions can better protect visitors from harm, and safeguard property owners in the case of a slip and fall accident.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall accident claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, as well as their proficient legal teams, are extensively experienced in slip and fall injury cases. They are happy to assess your case and determine if you have a valid legal claim. They offer free initial consultations and never collect lawyer fees unless they recover the full and fair compensation you and your family deserves. Call 317-881-2700 to schedule your free initial consultation today, and learn your rights following a slip and fall accident in Indianapolis, IN.

Does Indiana Use the “One Bite” Rule for Dog Bite Accidents?

Posted on April 27, 2015 by admin

Many states offer limited liability protection for dog owners in the case that their dog bites or attacks someone for the first time. If there is no history of aggression or violence, or the dog has never bitten or attacked anyone or another animal, then courts give the owner the benefit of not having full liability in the accident. This is often referred to as the “one bite rule” and is applied in cases in which there was never reason to believe a dog was a danger to anyone.

The one bite rule, however, does not eliminate all liability for a pet owner in the case that their dog bit or attacked another person or animal, it simply offers a degree of relief when it comes to legal liability for damages. In contrast to the one bite rule, Indiana uses “strict liability” in dog bite and attack cases. Continue reading to learn more about strict liability and dog bite accidents in Indiana.

Call 317-881-2700 When You Need a Dog Bite Lawyer in Indiana

Strict Liability in Dog Bite Cases

In Indiana, is a person’s dog attacks or bites another without any provocation, the owner of the dog is “strictly liable” for all damages and losses incurred by the victim. The Indiana Code 15-20-1-3 decrees that no matter what a dog’s history is, if it attacks or bites someone, the owner of the dog is entirely responsible for the accident, as well as, liable for the injured person’s damages.

In the case of a dog bite or attack, potential or likely damages include pain and suffering, lost wages from time off work, medical expenses, hospital or emergency room bills, multiple surgeries, rehabilitation, prolonged suffering, permanent disfigurement, permanent scarring, PTSD, mental anguish, and more.

Get Help From a Dog Bite Lawyer Today

If you were recently attacked or bitten by a dog while peaceably on public property or legally on private property (i.e. A friend or neighbor’s house), and did nothing to provoke the dog to hurt you, contact a licensed personal injury lawyer right away. In Indiana, victims of personal injury accidents have two years from the time of the accident to legally file a claim and have a court hear your case. Be sure to act within this time-frame in order to recover the full and fair compensation you deserve.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a dog bite injury claim in Indianapolis, Indiana. We offer free initial consultation and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to speak with a friendly and knowledgeable personal injury lawyer in Indianapolis, IN today.

Can an Injured Employee Collect Unemployment and Temporary Total Disability Benefits if Laid Off?

Posted on April 21, 2015 by admin

Workers Compensation Lawyer 317-881-2700

A few years ago, the Indiana Court of Appeals made a ruling regarding injured employees and workers compensation. They ruled that an injured worker can still receive workers’ compensation benefits even after collecting unemployment during the same time-period, so long as the total amount of unemployment is deducted from the total benefits collected once a settlement is reached. Please continue reading to review an example of such case and learn more about injured victims’ rights.

TTD Benefits Versus Unemployment

A mechanic is injured on the job and takes medical leave while collecting temporary total disability benefits (TTD), or workers’ compensation. The mechanic, although still in pain and disabled, is cleared by a doctor to return to work. When the mechanic does return to work, he finds that he is still in too much pain to perform his vocational duties. And then the shop owner closes the shop and lays off all employees. So what does the mechanic do now? Well he files for and collects unemployment, naturally.

But as he is beginning a new job at a new shop, he realizes that he just can’t do the same nature of work as he used to with all the pain and discomfort he’s experiencing. So for this reason, he has to leave the workforce a second time. At this point, the mechanic sees a doctor for an independent medical exam (IME). During this exam, the physician finds that the mechanic is currently, and has remained, disabled from the time of his initial injury. So now the mechanic, although still collecting unemployment, needs to collect additional TTD benefits as well. Employers are not fans of this. They will fight tooth and nail to avoid paying any additional workers’ compensation to injured employees, especially if they are already collecting unemployment. However, there is a solution for this.

The courts view on such a scenario is that an injured worker CAN be eligible for both unemployment and TTD benefits at the same time, but can only receive one. In this case, the mechanic could be awarded TTD benefits from their employer so long as the total amount of unemployment paid is deducted. Unemployment must be deducted otherwise the employer can contest that the worker was already being paid unemployment and looking for new work. So if a worker is still injured but collecting unemployment, they can argue for TTD later, with the help of a skilled personal injury lawyer.

You see, many Indiana workers are injured on the job, and then laid off while collecting TTD benefits. But once the lay-off happens, many employers are slow to continue paying any TTD benefits, so injured workers resort to filing for unemployment because it’s faster and they need the financial support. But this is not fair, and TTD benefits can be fought for with a fervent legal team on your side.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with workers’ compensation claims in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury attorneys here at our law firm are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, IN today.