The Role of a Workers’ Compensation Lawyer: What to Expect

Navigating the labyrinth of workplace injury claims in Indiana can be a daunting task without the right guidance. In this complex system, a workers’ compensation lawyer serves as your beacon of hope, offering legal counsel and support every step of the way. They are well-versed with the intricacies of the Workers’ Compensation Act, ensuring that your rights as an injured worker are protected and your claims are handled efficiently.

Through this post, we aim to shed light on the essential role of a workers’ comp attorney and what you can expect when you engage their services in the state of Indiana.

Call 317-881-2700 to Speak With a Workers' Compensation Lawyer in Indianapolis
Call 317-881-2700 to Speak With a Workers’ Compensation Lawyer in Indianapolis

Understanding Workers’ Compensation in Indiana

Workers’ compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their jobs. In Indiana, most employers are required to have workers’ compensation insurance, which covers medical expenses and lost wages for employees who suffer work-related injuries or illnesses. However, navigating the claims process can be complicated, and employers and insurance companies may try to deny or limit your benefits. This is where a workplace compensation lawyer comes in.

The Role of a Workers’ Compensation Lawyer

A workers’ compensation lawyer serves as an advocate for injured workers, ensuring that their rights are protected and their claims are handled effectively. They have in-depth knowledge of the Workers’ Compensation Act, which outlines the rules and regulations for workplace injury claims in Indiana. This includes understanding the types of workplace injuries that qualify for workers’ comp benefits, the time limits for filing a claim, the types of benefits available, and the process for appealing a denied claim.

The Workers’ Compensation Act is a set of laws that govern workers’ compensation claims in Indiana. It outlines the rights and responsibilities of both employers and employees in the event of a workplace injury or illness. These laws are designed to protect injured workers, ensuring that they receive fair compensation for their injuries and losses.

What to Expect from a Workplace Injury Lawyer

When you engage the services of a workplace injury lawyer in Indiana, they will guide you through every step of your claim, from filing to resolution. This includes gathering evidence, completing paperwork, and negotiating with your employer’s insurance company on your behalf. They will also represent you at hearings or mediation sessions if necessary.

A workers’ comp lawyer will also assist you in obtaining the appropriate medical treatment for your injury or illness and ensure that all medical bills are paid by the worker compensation insurance company. Additionally, they will help you understand the benefits available to you, such as temporary total disability benefits, permanent partial impairment benefits, and vocational rehabilitation.

What to Do if You are Seriously Injured at Work

If you are seriously injured at work, it is crucial to seek legal counsel from a workers’ compensation attorney in Indianapolis immediately. They can help you navigate the claims process and ensure that your rights are protected while you focus on recovering from your injuries.

It is also important to report your injury to your employer as soon as possible and seek medical treatment for your injuries. Failure to do so could jeopardize your eligibility for workers’ compensation benefits.

Conclusion

In conclusion, a workers’ compensation lawyer plays an essential role in helping injured workers receive the benefits they are entitled to under the Workers’ Compensation Act in Indiana. They provide legal representation and support throughout the claims process, ensuring that your rights are protected and your claims are handled efficiently. If you have been injured or become ill on the job in Indiana, do not hesitate to seek the assistance of a workers’ compensation lawyer to ensure that you receive the benefits you deserve. 

So, always remember, whenever faced with a work-related injury or illness in Indiana, a workplace injury attorney will be your best ally.  They will fight for your rights and ensure that you receive the compensation you are entitled to, allowing you to focus on recovering and getting back to work.  Keep this in mind and stay safe at work!

We hope this blog post has provided helpful information about workplace injury cases in Indiana. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office.

Related Posts:

How to Successfully File a Workers’ Compensation Claim in Indiana
How to Manage a Workers’ Comp Injury Claim
Common Warehouse Accidents Covered By Workers’ Compensation

What is Maximum Medical Improvement in a Workers’ Compensation Case?

In a past blog, we discussed a legal principle under workers’ compensation law called Maximum Medical Improvement (MMI). Continue below to learn what maximum medical improvement means in a workplace injury case, and what you need to know about recovering from a serious injury after being hurt in an accident while working for your employer.

Indianapolis Workers Compensation Attorneys
Indianapolis Workers Compensation Attorneys 317-881-2700

Maximum Medical Improvement (MMI)

When a worker is injured in a workplace accident, they often end up involved in a workers’ compensation insurance claim. Whether the accident was their fault or not, in most cases, an injured worker will be entitled to compensation for their damages and losses. However, the legal procedures that are involved in personal injury compensation cases are quite specific, and one will only receive such benefits under certain circumstances, and to certain extents.

Injured workers, depending on the scope and seriousness of their injuries and losses, will be entitled to certain types of benefits, such as Temporary Total, Temporary Partial, Permanent Total Disability (PTD), and Permanent Partial Impairment (PPI). See our blog, “What Benefits Can I Get For My Workplace Injury Claim in Indiana?” for a brief explanation of each type of benefit. In Indiana, injured workers can receive benefits for hospital bills, medical expenses, lost wages, permanent disability, wrongful death, medical treatment, vocational rehabilitation, gas mileage for doctor appointments, and much more.

Maximum Medical Improvement (MMI) comes into play when an injured employee is awarded such benefits. In many cases, an injured victim receiving temporary total or partial benefits will only receive their benefits until they are diagnosed as fully-healed or as fully-healed as they are going to get by a licensed physician. This is referred to as Maximum Medical Improvement (MMI), which describes a patient that has reached their optimal recovery point, and no further improvement is possible. Keep in mind that MMI does not translate to healed. It simply means that no further treatment will improve their condition. Once a worker reaches full improvement, their doctor will assign a disability rating, which denotes their work limitations.

Talk to a Workplace Injury Lawyer for Help With Your Claim

For a better understanding of how workers’ compensation settlements work, consult with a trusted and seasoned Indiana workers’ compensation attorney as soon as possible. Indiana does have a statute of limitations that restricts how long you can make a claim for compensation. Be sure to schedule a consultation with a licensed personal injury lawyer who specializes in workplace accident claims before this time limit runs out.

Indianapolis Workers’ Compensation Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis workers’ compensation attorney who can determine the best strategies for your workplace injury 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 workers throughout Indiana and are located in Indianapolis, Indiana.

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What Benefits Am I Owed For My Workplace Injury Claim in Indiana?

Do you know how much compensation you can receive for your recent Indiana workplace injury? Continue reading to find out.

Workers' Compensation Lawyers 317-881-2700
Indianapolis Workplace Injury Lawyers 317-881-2700

Facts For Injured Workers

Here in Indiana, those injured at work are entitled to a certain set of benefits, all of which are incredibly necessary and valuable to the overall recovery of an injured worker. Among the benefits available to injured workers, compensation for wage replacement and medical treatment are the most vital. Many injured workers wonder how much compensation they are owed for their workplace injury claim in Indiana, but the answer varies depending on a wide range of legal factors. Most often, workplace injury claim settlements are influenced by the nature of the victim’s injuries, the extent of their permanent limitations as a result of the workplace accident, their capacity to return to the work field, and much more.

In Indiana Injured Workers Can Receive Benefits For:

➤ Lost Wages
➤ Permanent Disability
➤ Wrongful Death
➤ Medical Treatment
➤ Vocational Rehabilitation
➤ Gas Mileage For Doctors Appointments (depends on conditions)

For a better understanding of how workers’ compensation settlements might be calculated, you must discuss your particular claim with a trusted and experienced Indiana workers compensation lawyer.

Workers’ Compensation Limitations

Although Indiana provides financial relief for injured workers, there are still certain degrees of limitations set on the amount of benefits an injured worker can receive. In fact, starting in July 2016, Indiana enacted a new law that set a maximum weekly worker’s compensation payout of $780 per week. Furthermore, certain types of damages and losses might not be compensated under worker’s compensation law, such as pain-and-suffering or mental anguish.

Temporary Disability Benefits

When an injured worker is recovering from their injuries, they can receive temporary disability benefits since they are temporarily disabled as a result of the workplace accident. In Indiana, there are two types of temporary disability benefits and injured worker might be eligible for: Total Temporary Disability (TTD) and Partial Temporary Disability (PTD).

Total Temporary Disability (TTD) – These benefits make up two-thirds of an injured worker’s average weekly pay. Injured workers continue to receive total temporary disability until they return to work in any scope, achieve maximum medical improvement (MMI), neglect to appear for doctor’s examination ordered by the insurance company, refuse a reasonable job offer, or reach 500 weeks of benefits.

Partial Temporary Disability (PTD) – These benefits are granted to injured workers in the case that they can return to work, but are unable to make the same wages as they did prior to the workplace accident. They make up two-thirds of the difference between a worker’s pre-injury and post-injury earnings. An injured worker can receive up to 300 weeks of partial temporary disability benefits.

Take note that temporary disability benefits are not paid for the first week unless an injured worker must take at least three weeks off work. If you feel that the insurance company cut off disability benefits too early, contact an Indiana workers compensation attorney right away.

Permanent Disability Benefits

Aside from temporary disability benefits, an injured worker might further be entitled to permanent disability benefits. Similar to temporary disability benefits, Indiana provides two distinct types of permanent disability benefits: Permanent Total Disability (PTD) and Permanent Partial Impairment (PPI).

Permanent total disability (PTD) benefits are granted when an injured worker’s resulting condition prevents them performing any type of work. They are two thirds of a worker’s average weekly pay, but only up to the state maximum benefit. In fact, they would be the same as their temporary total disability (TTD) benefit. These benefits are not considered until an injured victim’s doctor determines they have reached maximum medical improvement (MMI). Maximum medical improvement is when an injured person can no longer improve their condition with further medical treatment.

Indiana provides two forms of Permanent partial impairment (PPI) benefits: Scheduled Loss Benefits and Unscheduled Benefits. Injured workers are entitled to permanent partial impairment benefits whether they lose time off work or experience a decrease in earnings. PPI benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, TTD benefits paid over 125 weeks are deducted from PPI payments. Like permanent total disability benefits, PPI benefits are not considered nor eligible until a patient reaches maximum medical improvement. Stay tuned for an upcoming blog that will cover scheduled and unscheduled workers compensation losses in further detail.

Wrongful Death Benefits

In the case that a workplace accident results in a worker’s wrongful death, their immediate family or dependents are entitled to certain wrongful death benefits in Indiana. Payout for wrongful death benefits are equivalent to two-thirds of a worker’s average weekly pay, or up to the state’s maximum, and they can be paid up to 500 weeks.

How to Calculate Your Workplace Accident Claim Benefits

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed workplace injury lawyer in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured at work. We represent injured workers throughout the State of Indiana.  Best of all, we only collect lawyer fees if we obtain a settlement or judgment for you!

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