Crucial Deadlines: Indiana Workplace Injury Reporting Explained

Posted on July 18, 2024 by admin

Navigating the aftermath of a workplace injury can be challenging and stressful. One of the most critical aspects of ensuring a smooth recovery and securing necessary benefits is understanding the deadlines for reporting your injury.

For workers in Indiana, these deadlines can determine the success or failure of a workers’ compensation claim. This blog post intends to provide a comprehensive guide on reporting workplace injuries in Indiana, emphasizing the importance of timely action and the potential consequences of missed deadlines.

Call 317-881-2700 to Speak With a Workplace Injury Claim Lawyer in Indianapolis Indiana

Indiana’s Reporting Deadlines for Workplace Injuries

When it comes to reporting workplace injuries in Indiana, timing is everything. You should immediately report any incident and injury to your employer. Employers are required to file Form 34401 with their worker compensation insurance carrier within seven days of their notice of the injury and a self-insured employer must provide the form to the Worker’s Compensation Board withing seven days. The report regarding the work-related injury, illness or death, whether it be actual or alleged, must be submitted.

Occupational diseases, however, have different reporting requirements. These are conditions that develop over time due to prolonged exposure to hazardous environments. In such cases, the employee must report the disease to their employer within two years from the date they discovered, or should have reasonably discovered, the condition was work-related. Again, you should immediately report the disease upon discovery or when the disease should have reasonably been discovered.

Understanding these deadlines is crucial for injured workers to ensure they do not jeopardize their chances of receiving workers’ compensation benefits. It’s important to note that these deadlines are not merely guidelines but are legally binding and strictly enforced.

Consequences of Missing a Cutoff Date

Failing to report a workplace injury within the specified cutoff dates can have severe repercussions. Primarily, it can lead to the denial of a workers’ compensation claim, leaving the injured worker without the necessary medical coverage and wage replacement benefits. This situation can be particularly devastating for workers who are incapacitated and unable to earn an income due to their injuries.

Missed deadlines can occur in various scenarios. For instance, a worker may initially underestimate the severity of an injury and delay reporting it, only to realize later that it’s more serious than initially thought. Another common scenario is when symptoms of an occupational disease appear gradually, leading the worker to delay reporting until the condition becomes debilitating.

In both cases, the delay can be detrimental to the worker’s comp claim. Employers and insurance companies may argue that the injury or disease was not work-related or that it occurred outside the scope of employment, ultimately denying the claim.

Steps to Follow for Timely Workplace Injury Reporting

To avoid the pitfalls of missed deadlines, injured workers should follow these essential steps immediately after an injury occurs:

▷ First and foremost, report the injury to your employer as soon as possible. Even if the injury seems minor, prompt reporting ensures that there is a record of the incident, which can be crucial if the condition worsens later.

▷ Next, seek medical attention right away. Not only is this important for your health, but it also provides documented evidence of the injury and its connection to your workplace. Make sure to inform the healthcare provider that the injury is work-related, so they can include this information in their reports.

▷ After reporting the injury to your employer and seeking medical care, you should file a claim with the Indiana Workers’ Compensation Board. This process involves completing and submitting the necessary forms, which your employer should provide.

If you encounter any challenges or have questions, consider consulting with a workers’ compensation attorney who can offer legal guidance and help you navigate the process.

Resources and Assistance for Injured Workers

You should always speak with an attorney who can provide valuable information.

The Indiana Workers’ Compensation Board is another valuable resource. Their website offers detailed information about the claims process, required forms, and deadlines. Additionally, they provide contact information for further inquiries and support.

Don’t hesitate to reach out to a workplace injury attorney in Indianapolis if you need personalized assistance. These professionals concentrate on workers’ comp cases and can provide expert advice tailored to your specific situation, ensuring you meet all necessary deadlines and maximize your chances of a successful claim.

Conclusion

Understanding and adhering to the reporting deadlines for workplace injuries in Indiana is vital for securing your rights and benefits under workers’ compensation laws. Timely reporting ensures that you receive the medical care and financial support you need to recover from your injury without undue stress or financial burden.

It is always wise to seek professional advice. Consulting with a workers’ compensation lawyer can provide you with the clarity and confidence needed to navigate the claims process successfully. Don’t wait—take action today to protect your health and your future.

Take the next step towards protecting your rights as an injured worker in Indiana. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, no-obligation consultation with a dedicated Indianapolis workers’ compensation attorney, today. This is your opportunity to ask questions, understand the legal process, and determine the best course of action for your situation. Remember, time is of the essence!

Five Common Myths about Workers’ Compensation Debunked

Posted on July 5, 2024 by admin

Navigating the world of workers’ compensation can feel daunting, especially when faced with conflicting information. Understanding your rights and the realities of workers’ compensation is crucial for ensuring you receive the benefits and support you deserve. In this blog post, we’ll debunk five common myths about workers’ compensation, providing clarity and peace of mind for injured workers.

Call 317-881-2700 When You Need a Workers' Compensation Attorney in Indianapolis Indiana — Call 317-881-2700 When You Need a Workers’ Compensation Attorney in Indianapolis Indiana

Do Not Fall for These 5 Workers’ Compensation Myths

Myth #1 – You can’t claim compensation if the injury was your fault

Many injured workers mistakenly believe that if they were at fault for their injury, they are ineligible for workers’ compensation benefits. This misconception can prevent deserving individuals from seeking the help they need. The truth is, workers’ compensation is a no-fault system, designed to provide benefits regardless of who caused the injury. There are however certain defenses that can be claimed by the employer such as engaging in “horseplay” and intoxication.

Under workers’ compensation laws, fault is not a determining factor in eligibility. This means that even if your actions contributed to the injury, you are still entitled to benefits. The primary focus is on whether the injury occurred while performing occupational-related duties.

It’s essential to report your injury promptly and follow the necessary steps to file a workers’ comp claim. By understanding that fault does not impact your eligibility, you can confidently pursue the benefits you deserve without fear of being denied due to perceived fault, in most circumstances.

Myth #2 – You can’t claim if the injury occurred outside of work hours or off-site

Another common misconception is that injuries occurring outside of regular work hours or off the worksite are not eligible for workers’ comp. This belief can deter workers from filing claims for legitimate injuries sustained during work-related activities. The reality is that workers’ compensation coverage extends beyond the confines of typical work hours and locations is some situations.

The “course and scope” doctrine plays a crucial role in determining whether an injury is work-related. This doctrine considers whether the injury occurred while the employee was performing tasks related to their job, regardless of time or location. For example, if you were injured while attending a work-related event or running an errand for your employer, you may still be eligible for workers’ compensation benefits.

By understanding the broad scope of workers’ compensation coverage, you can ensure that you seek the benefits you are entitled to, even if the injury occurred outside of traditional work settings.

Myth #3 – You can’t see your preferred doctor for a work-related injury

Injured workers often believe they have no choice but to see the doctor provided by their employer or the workers’ compensation insurance company. This can cause concern, as workers may prefer to consult their trusted healthcare providers. Fortunately, there are ways to navigate medical care within the workers’ comp system while still receiving quality treatment.

While it is true that employers often have a network of preferred healthcare providers, injured workers usually have the right to seek a second opinion or choose their doctor after a certain period or under certain conditions. It’s essential to familiarize yourself with your state’s specific workers’ compensation laws, as they can vary regarding medical care options.

To make the most of your medical care, be proactive in communicating with your employer and the insurance company. By understanding your rights and seeking appropriate medical care, you can ensure that your treatment aligns with your state’s laws and your preferences and needs.

Myth #4 – Filing a claim means you’re suing your employer

One of the most pervasive myths is that filing a workers’ compensation claim is equivalent to suing your employer. This misconception can create unnecessary fear and hesitation among injured workers. In reality, a workers’ comp claim is a separate process from a personal injury lawsuit and is designed to provide a streamlined path for obtaining benefits.

Workers’ compensation exists to ensure that employees receive medical treatment and wage replacement benefits without the need for lengthy and adversarial legal battles. By filing a claim, you are not accusing your employer of wrongdoing but rather seeking the benefits you are entitled to under the law.

Additionally, workers’ compensation laws include protections against retaliation, meaning your employer cannot legally fire or demote you for filing a claim. Understanding this distinction can help alleviate concerns and encourage you to pursue the benefits you deserve.

Myth #5 – You’ll get fired or demoted for filing a workers’ comp claim

The fear of losing one’s job or facing demotion is a significant deterrent for many injured workers considering filing a workers’ comp claim. It’s essential to know that there are legal protections in place to prevent such retaliation, ensuring that you can seek benefits without fear of negative consequences from your employer.

Anti-retaliation laws prohibit employers from firing, demoting, or otherwise discriminating against employees for exercising their rights under workers’ compensation laws. If you believe you are experiencing retaliation, you can take steps to protect yourself, such as documenting incidents and seeking legal advice.

By understanding your rights and the protections available, you can confidently pursue a workers’ comp claim without fear of losing your job or facing demotion.

Conclusion

Debunking these common myths about workers’ compensation is crucial for empowering injured workers to seek the benefits and support they deserve. By understanding that fault is not a factor, recognizing the broad scope of coverage, knowing your medical care options, differentiating between claims and lawsuits, and being aware of anti-retaliation protections, you can confidently navigate the workers’ compensation system.

If you have questions about your rights or need assistance with your work injury claim, don’t hesitate to seek legal advice. Our team of experienced Indiana workers’ compensation attorneys is here to help you understand your options and ensure you receive the benefits you are entitled to. Contac t us today at 317-881-2700 to learn more about how we can support you in your workplace injury claim journey. We represent clients all throughout the state.

Navigating Workers’ Compensation Claims: Tips from Experienced Lawyers

Posted on June 11, 2024 by admin

Navigating the complexities of workers’ compensation claims can be overwhelming, particularly when you’re dealing with an injury. Understanding your rights and ensuring you receive the benefits you’re entitled to is crucial. This guide provides actionable tips from experienced lawyers to help you successfully handle your workers’ compensation claim.

Call 317-881-2700 to File a Worker Compensation Claim in Indianapolis

What is Workers’ Compensation?

Workers’ compensation is a form of insurance providing wage replacement, medical benefits and some compensation for permanent injuries to employees injured in the course of employment. However, the process involved in claiming these benefits can be daunting. Seeking legal advice is often necessary to ensure your rights are protected and that you receive the maximum benefits possible.

Understanding Workers’ Comp Benefits

Workers’ compensation covers a variety of injuries and incidents that occur in the workplace. It typically includes medical expenses, rehabilitation costs, and a portion of lost wages. Eligibility for workers’ compensation varies by state, but generally, any employee injured on the job is covered.

Common Misconceptions About Workplace Injury Claims

One prevalent misconception is that worker compensation only applies to severe injuries. In reality, it covers a wide range of conditions, including repetitive strain injuries and occupational illnesses. Another myth is that filing a claim could result in job loss, but it is illegal for employers to retaliate against employees for claiming their rightful benefits.

Important Steps to Take After an Injury at Work

Experiencing an injury at work can be disorienting. Here are critical steps to take immediately after an incident to protect your rights:

Seek Medical Attention: Your health is the priority. Visit a healthcare provider immediately to document your injuries and receive appropriate treatment.
Report the Injury: Immediately notify your employer about the incident. Most states have strict deadlines for reporting workplace injuries, and missing these deadlines could jeopardize your claim. In Indiana, employers are allowed to control who you can seek medical attention from, in most circumstances, and claims can be denied if the employer is not provided the opportunity to direct who you seek medical care from. If the needed care is not provided you can go to a doctor of your choosing. Learn what to do if your boss refuses to report your workplace injury.

The Workers’ Compensation Claim Process

Filing a workers’ compensation claim involves several steps and requires thorough documentation. First, it is important to report the injury or illness to your employer as soon as possible. Next, seek medical attention and ensure that all your medical records accurately reflect the nature and extent of your injury. You will then need to complete and submit the necessary claim forms, providing detailed information about the incident and any medical treatments received. Throughout the process, keep copies of all documentation and follow up regularly to check the status of your claim.

Key Elements of Filing a Claim:

Submit the Claim: Your employer should provide you with the necessary forms to file a claim with the workers’ compensation board. Ensure all sections are completed accurately. An attorney can assist you with this as well.
Medical Evidence: Provide comprehensive medical evidence detailing the extent of your injuries and the required treatment. Ongoing evaluations may be necessary to support your claim.

The Importance of Legal Representation

Hiring a workers’ compensation attorney can significantly impact the outcome of your claim. Here are some reasons you should consider hiring legal support:

Complicated Claims: If your claim is complex or if you encounter resistance from your employer or insurance company, consulting a workplace injury lawyer is advisable.
Maximizing Benefits: An attorney can help ensure you receive all benefits you’re entitled to, including compensation for long-term or permanent disabilities.

Tips from Experienced Workers’ Compensation Lawyers

Here are some expert tips to help you communicate effectively and maximize your benefits:

Communication Strategies

Be Honest and Detailed: When speaking with your employer, the worker compensation insurance company and your attorney, provide honest and detailed accounts of your injury and its impact on your ability to work.
Document Everything: Keep meticulous records of all communications, medical treatments, and any expenses related to your injury. An attorney can assist you with this as well.

Maximizing Benefits

Follow Medical Advice: Adhering to your doctor’s recommendations can prevent disputes over the necessity and extent of your treatment.
Stay Informed: Educate yourself about your rights and the workers’ compensation process to avoid common pitfalls. An attorney can assist you with this as well.

Conclusion

Navigating a workers’ compensation claim can be challenging, but understanding the process and seeking expert legal advice can make a significant difference. If you or a loved one are dealing with a workplace injury, don’t hesitate to seek professional guidance. Remember, the goal is to ensure you receive the benefits you deserve while focusing on recovery.

For more personalized assistance, consider the Law Office of Craven, Hoover, and Blazek P.C. We’re here to help you through every step of your workers’ compensation claim. Contact us today at 317-881-2700 to schedule a no-fee consultation with one of our experienced workers’ compensation attorneys in Indianapolis, Indiana. No need to travel if you are unable to, as we can hold meetings over the phone, via ZOOM, or at the hospital if necessary.

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

Posted on December 15, 2023 by admin

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.

How to Successfully File a Workers’ Compensation Claim in Indiana

Posted on November 6, 2023 by admin

Workplace injuries can be a daunting experience, leaving the injured worker grappling with not only physical pain but also a labyrinth of paperwork, legalities, and procedures. The key to navigating this complex process successfully lies in understanding the rules and regulations surrounding workers’ compensation claims in Indiana.

Like Indiana, each state has set guidelines which, if followed diligently, can help ensure fair and just compensation for the injuries sustained. This blog shall guide you through the essentials of filing a workers’ compensation claim in Indiana, providing you with the necessary knowledge to secure your rightful benefits. Buckle up as we walk you through this crucial process.

Call 317-881-2700 to Speak With a Worker's Comp Lawyer in Indianapolis IN — Call 317-881-2700 to Speak With a Worker’s Comp Lawyer in Indianapolis IN

Understanding Workers’ Compensation in Indiana

Workers’ compensation is an insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It serves as a safety net for workers, ensuring they receive medical treatment and financial support while recovering from their workplace injury. In the state of Indiana, workers’ compensation is governed by the Indiana Worker’s Compensation Act (IWCA), which outlines the rights and responsibilities of both employers and employees in case of a workplace injury.

Reporting a Workplace Injury

The first step in filing a workers’ compensation claim in Indiana is to report the injury to your employer. According to IWCA, employees have 30 days from the date of injury to inform their employers about the incident. However, it is best practice to report the injury immediately or as soon as possible after seeking medical attention. Failure to do so may result in denial of your claim.

Seeking Medical Attention

As an injured worker in Indiana, you are entitled to receive medical treatment from a healthcare provider chosen by your employer or their insurance company. It is essential to communicate all injuries and symptoms accurately to your doctor and inform them that the injury occurred at work. This documentation will serve as evidence for your workers’ compensation claim.

Filing a Claim

After receiving medical treatment, you should file a claim with the Worker’s Compensation Board of Indiana. You can do this by completing and submitting Form 29109, which is available on their website. The form requires details about your injury, healthcare provider, and any lost wages or expenses incurred due to the injury. Make sure to provide all necessary information accurately to avoid any delays in processing your claim. It is recommended to consult a workers’ comp lawyer first before submitting any legal paperwork or filing any documents. They can ensure your rights are protected.

Attending Hearings

In case your claim is disputed, you may be required to attend a hearing in front of an administrative law judge. During this hearing, both parties will present their case and provide evidence to support their arguments. It is crucial to have a thorough understanding of the facts and evidence presented to make a strong case for your claim. A personal injury attorney concentrating on workers’ compensation cases can represent you during this hearing and throughout the legal process.

Potential Outcomes

After reviewing the evidence and hearing both sides, the judge will make a decision on whether to approve or deny your claim. If approved, you will receive benefits such as medical treatment coverage, temporary total disability payments, and permanent partial impairment payments if applicable. In case of a denial, you may have the option to appeal the decision. Your workplace injury attorney can also help you with the appeals process.

Conclusion

Filing a workers’ compensation claim in Indiana may seem like a daunting task, but with the right knowledge and legal support, it can be navigated successfully. Remember to report your injury promptly, seek medical attention, hire a workers’ compensation attorney, and provide accurate information when filing your workplace injury claim. We hope this blog has provided you with valuable insights into the process of filing a workers’ compensation claim in Indiana.

Are you an injured Indiana worker looking for the maximum benefits for your damages and losses? Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a workers’ comp lawyer in Indianapolis, Indiana. We represent injured victims all across the state, including Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

How to Manage a Workers’ Comp Injury Claim

Posted on September 29, 2022 by admin

When an employee is injured while on the clock, they are entitled to workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred because of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, a permanent partial impairment rating and more. If an employee is killed on the job, the dependents are also entitled to receive benefits.

If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery. If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love.

Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Workers Comp Lawyers Indianapolis IN 317-881-2700

Workplace Injury Claim Process

What You Should Do

To protect yourself and your rights to maximum compensation, be sure to make the right decisions in the process. This includes the following:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats regarding your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

Obtain an attorney. The worker compensation carrier for your employer has attorneys and you should also.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of an experienced Indiana workplace injury lawyer.

What You Should NOT Do

Do not fail to report your injury.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions provided by the treating doctor.

Are you having trouble getting what you need from your workplace injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a skilled workers’ compensation attorney in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at our Indianapolis personal injury law firm.

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

Posted on June 14, 2022 by admin

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

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

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

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

Workers Compensation for Work-From-Home Employees

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

Scope of Employment

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

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

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

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

Who Might Be Ineligible for Workers’ Comp?

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

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

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

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

Posted on April 18, 2022 by admin

Workers’ compensation injury claims in Indiana involve several complex laws and legal jargon that can quickly confuse anyone who does not retain a basic understanding of both worker compensation laws and tort law. However, if you are a recent workplace injury victim, you can be clear on one fact: getting hurt on the job means you do get medical treatment and you do get compensation. Although Indiana employers are legally required to maintain adequate worker’s compensation insurance, sometimes a boss can be hesitant about reporting a workplace injury; some might even flat-out refuse. If your employer is refusing to report your workplace injury, reinforce yourself with the right facts, starting right now.

Continue reading to learn what to do if your boss does not want to report your workplace injury, plus who to contact for worker’s compensation injury claim advice and representation in Indiana.

Workers' Compensation Law Firm Indianapolis Indiana 317-881-2700 — Workers’ Compensation Law Firm Indianapolis Indiana 317-881-2700

Your Responsibilities as an Injury Worker in Indiana

When you are injured on the job, you are protected under law in terms of receiving benefits like medical treatment and compensation. However, you still have certain responsibilities to uphold yourself if you want to be eligible for worker’s compensation benefits.

First, do not assume that your employer is aware of your accident and injury. If you fell off of a 10-foot scaffold and had to be transported to the hospital via ambulance, it is likely that your boss would know about it. But no matter how obvious and dramatic your accident is at work, never presume that your employer knows and intends to report it.

Even if your injuries are minor, it is important to report the accident. Although you’re probably not going to report paper cut or a stubbed toe, seemingly innocuous incidents like bumping your head or taking a tumble over some scattered construction scrap can lead to injuries that appear later on. If you wait too long to report your injury because you don’t think you’re hurt, it will make it more difficult to prove your workers’ compensation benefits claim. Always report an accident that causes injury right away, so that you can at least have it documented on a timeline.

Your Employer’s Responsibilities

Employers are required by law to report most injuries to workers on the job site. Simply put, if your boss doesn’t report your workplace injury, they are breaking the law. Not only is your employer required by law to report your injury, but they are required to report it within a certain amount of time. As soon as you notify your boss that you have been her on the job, they should file a DWC-1 form with the state’s workers’ compensation board called a First Report of Injury. Most states give employers 30 days to file this form, however there are some states that only give employers one week.

When Your Boss Refuses to File a Work Injury Report

Workers’ compensation insurance works very similar to automotive insurance in that, the more claims you file, the higher your premiums are. Employers can sometimes be hesitant to report workplace injuries to the state board because they selfishly don’t want their policy rates to increase. Other times, employers refuse to file a work injury reports because they believe that the employee is lying about being hurt or they don’t think the injury is serious enough to warrant a formal report. Either way, it is their legal duty to report the injury as soon as you notify them, no matter how they feel about the situation.

✘ DO NOT USE YOUR PRIVATE INSURANCE FOR WORK INJURIES

Did your employer ask you to use your private health insurance for your workplace injury, medical treatment? Do not do this under any circumstances! When you see your doctor, explain to them that you were injured on the job while performing work-related duties. Get this on record as soon as possible to protect your rights to workers compensation benefits. Your employer’s worker compensation carrier usually gets to control what doctors you see.

✘ DO NOT ACCEPT PAYMENT FROM YOUR BOSS

Did your employer offer to pay you under the table for your medical treatment? Do not accept it! It is very possible that your workplace injuries can persist for quite some time, which would entitle you to compensation for past, current, and future damages. Accepting payment under the table is risky because you don’t know when the money will stop coming your way. It might also revoke your right to pursue workers’ compensation benefits.

Are you looking for an Indiana personal injury law firm that concentrates on workers compensation cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced workers’ compensation lawyer in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

Is My Job-Related Injury Covered By Workers’ Compensation?

Posted on November 2, 2021 by admin

After being injured in a job-related accident, you might be wondering if you qualify for workers’ compensation benefits. Continue reading to learn what you need to know about collecting workers’ compensation after a workplace injury, including how to recover the maximum benefits for your damages and losses.

Workplace Injury Attorney Indianapolis Indiana 317-881-2700

Qualifying for Workers’ Compensation Insurance

Employers are required by law to have sufficient workers’ compensation insurance or be adequately self-insured. Accordingly, the majority of workers are covered by workers compensation insurance, with the exception of crew members on vessels and railroad workers.

Even if a worker is partially or fully at-fault for their accident, they are still covered so long as the accident occurred on the job while performing work-related duties. Job-related accidents that occur off-site are also covered, such as deliveries, business meetings, and job-related teaching or training.

So, whether you are teacher, factory worker, grocery clerk, or doorman, you should be eligible for workers’ compensation benefits if you are injured in a job-related accident. To qualify for workers compensation benefits, you must be a paid employee, not an independent contractor.

Employees Versus Independent Contractors

Independent contractors are quite different than an employee, and the distinctions between them are important to understand when it comes to filing a workers’ compensation claim after being injured on the job. It is critical to speak with a workers’ comp lawyer in Indiana to learn your rights to such benefits before accepting any type of settlement or financial offer.

When considering your eligibility for workers compensation benefits after a job-related injury, you must ask yourself, “am I an employee or an independent contractor?” The answer will determine which type of workers’ compensation insurance coverage, if any, you receive.

There are tests used to determine if a person is an employee or an independent contractor, regardless of what the employer calls that person.

Worker Compensation Case and Third-Party Liability Case at the Same Time

An example of this would be a pizza delivery person injured making a delivery by being rear-ended by another vehicle. The employee would have both a worker compensation claim and a claim against the person who rear-ended their vehicle.

Are you looking for a skilled Indiana workers’ compensation lawyer for help with your recent job-related accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get your free case evaluation set up as soon as possible. Speak with an experienced workplace injury attorney over the phone, via online conferencing, or in person at our Indianapolis personal injury law firm.

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

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

Indianapolis Personal Injury Lawyers 317-881-2700

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.