Tag Archives: workers compensation lawsuit

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

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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

Is a Personal Injury Claim the Same as a Workers’ Compensation Claim? Claiming both?

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After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.

Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.

Workers' Compensation Lawyers Indianapolis IN 317-881-2700
Workers’ Compensation Lawyers Indianapolis IN 317-881-2700

The Requirement of Fault in a Tort Claim

One of the most fundamental elements of a tort case is fault. An entity (person, corporation, company, government agency, etc.) that is to blame for a civil wrongdoing can be held responsible, and thus their insurance carrier would be responsible for paying out any settlement or judgment, for paying out damages to the surviving victim or family of victims under Tort Law. However, the question of fault is one of the most important and primary differences between a personal injury claim and a workplace injury claim.

Personal Injury Claims Must Prove Fault

To recover damages in a personal injury case, the claimant party (the victim or family of victim) holds the burden of proving fault, meaning they must demonstrate that the opposing party was negligent or wrong in some way, which directly caused them harm. General damages awarded in personal injury cases include medical expenses (past, current, and future), hospital bills, lost wages from time off work, and similar calculable losses related to the victim’s accident and/or injuries.

However, special damages may also be awarded in a personal injury case for pain and suffering, mental anguish, permanent scarring or disfigurement, loss of earning capacity, loss of enjoyment of life, and similar losses that cannot be added up on a calculator.

Workers’ Compensation Claims Do Not Require Fault

A workers’ compensation claim does not require the injured party to prove fault. In fact, no fault needs to be established whatsoever, even in respect to OSHA violations and negligent or reckless management. Regardless of fault, injured workers can be entitled to workers’ compensation benefits, so long as they file a workers’ comp claim.

General workers’ compensation benefits include coverage strictly for quantifiable losses, like weekly earnings, hospital bills, medical expenses, permanent impairment benefits (if applicable), and vocational rehabilitation. Injured workers cannot generally sue their employer or employees for pain and suffering damages. There are exceptions to the rule, such as in the case of egregious or intentional torts.

Making Claims for Both

There are also situations where an injured party can make both a worker compensation claim and a tort claim at the same time.  For example, if a pizza delivery driver is delivering a pizza when he or she is rear-ended by another vehicle.  The injured driver could make a worker compensation claim through his employer and their insurance carrier since he was injured while on the job.  The injured worker could also seek a recovery under tort claims law from the defendant driver who rear-ended his vehicle and that person’s insurance carrier since he was injured as a result of tortious conduct by a person he was not employed by.

Talk to a Licensed Accident Lawyer in Indiana

When it comes to pursuing compensation after an accident or injury, it is best to consult with a seasoned Indiana personal injury lawyer who can explain your rights to recovering damages in a language you can clearly understand. It is also important to act fast because there are statutes of limitations on personal injury claims and evidence needs to be obtained before it disappears.

Would you like to speak with a trusted and experienced personal injury lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. We represent clients throughout Indiana and Indiana citizens injured anywhere and can meet over the phone, via the internet, or in person at our Indy-based office.

Related Posts:

When is an Injured Employee Ineligible for Workers’ Compensation Benefits?
Can I Quit My Job if I Am on Workers’ Compensation?
Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

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Information about Scaffolding Accidents and Lawsuits

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Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Construction workers, especially the veterans, fully understand the risk they take on with their line of work. And for anyone that is considering joining the construction workforce, it is recommended to examine these risks before making any final decisions. This is because the construction industry can be extremely dangerous. Workers can be exposed to several environmental hazards on a daily basis.

Harmful chemicals, extreme heights, heavy equipment, over-exposure, and much more are just a few threats that constructions workers face every single day. And because of these dangers, construction employees are injured frequently. In some cases, serious accidents occur, causing severe injury or even death. One of the most common construction accidents involves poorly maintained and defective scaffolding.

Construction Scaffolding Accidents

Scaffolding is a necessary tool in the construction industry. It is used to allow access to all interior and exterior areas of a structure, for painting, sealing, and other types of construction work. Because they are used as such great heights, accidents are often serious, if not fatal. In fact, it is estimated that more than half a million construction workers are injured each year as a result of faulty scaffolding. Although there are strict industry regulations for setting up scaffolding, many construction companies cut corners when it comes to proper scaffolding installation.

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Missing parts, missing or loose guard rails, missing side brackets, plank failure, missing base plates, and standard slip and falls are the most common reasons why scaffolding accidents take place. These are the areas where the negligence can occur. It can also occur at the hands of the manufacturer if the product, in this case scaffolding, was delivered defective. It can also be a result of employee negligence if a few decide to not follow proper installation instructions.

There are several cases of negligence that can occur when it comes to scaffolding accident, but in all cases, victims should be fairly compensated for their injuries. Just because you know your construction job comes with risks, doesn’t mean your employer is off the hook for any personal injuries you sustain on the clock. If you were recently injured at a construction site, contact a licensed construction accident lawyer for help navigating your company’s workers compensation system. They can ensure you receive full and fair compensation for your damages.

Craven, Hoover, and Blazek P. C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P. C. at 317-881-2700 and speak with a licensed construction accident lawyer in Indianapolis, Indiana. Ask for seasoned attorney, Daniel Craven, and receive a free initial consultation to discuss your injuries and determine your eligibility for remuneration. We never collect lawyer fees unless we recover compensation for you. Call 317-881-2700 to learn more about construction accident lawsuits in Indianapolis, IN.

Construction Accidents, Injuries, and Lawsuits

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Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

According to the Occupational Safety and Health Administration (OSHA), nearly one and five workplace fatalities that took place in 2010 were caused by construction site accidents or occurred within the construction industry. In fact, there are four principle fatalities that the OSHA has called the “fatal four” in the construction industry. They include falls, getting stuck or caught in-between equipment, being struck by an object, or electrocution.

If these four common causes of construction site injuries and wrongful deaths were somehow eradicated, it could save over 350 lives each year. It is important for employers and companies to do their best with proper safety training and preventative maintenance in order to provide a safer workplace environment for construction workers and staff.

If an injury does occur, the victim has the right to pursue a personal injury lawsuit to recover compensation for their damages. Continue reading to learn how these “fatal four” accidents can potentially be evaded, and the facts surrounding these kinds of personal injury cases.

Construction Site Fatalities

One of the most frightening accidents that can happen to a construction worker is falling from a high locale. This is a common threat due to the use of scaffolding, ladders, roof-work, crane-work, slips, trips, and more. Nearly 40% of all construction staff deaths each year are caused from falls. Scaffolding can collapse, and workers can lose their balance from high above. Poor quality equipment, slippery surfaces, unprotected edges, incomplete or unstable flooring, holes in floors, misuse of ladders are all common culprits behind falling accidents. Unfortunately, most construction site fall accidents are fatal; or they cause permanent paralysis or brain injuries.

Electrocutions are also a common cause of death at a construction site. Damaged connections, exposed wires, and more can all cause a fatal surge of electricity to anyone. In fact, a surge from as little as 20 milliamps can be fatal. Almost ten percent of construction deaths are caused by electrocutions. And if death does not occur, severe third and fourth degree burns commonly leave victims with prolonged pain, discomfort, and disfigurement.

Being hit by a heavy object accounts for nearly eight percent of construction site deaths each year. Heavy machinery, construction equipment, and falling objects are the most frequent causes of death when it comes to being struck by something. Many things are moved with the use of cranes, forklifts, bulldozers, and more; so sometimes, things go wrong and negligence can cause a fatal accident. Something as insignificant as a wrench that falls from a 400 foot scaffold can cause death to anyone it strikes. Bricks, tools, lunch boxes, and even cell phones can all be deadly hazards depending on where they fall from and the force they have when coming in contact with a person.

Lastly, getting caught or stuck in between is another gut-wrenching and fatal accident that can happen at a construction lot. Rotating equipment, rigging, equipment maintenance, trash crushers, and more can all cause a person severe injury or death if caught underneath or in between. All construction companies and contractors are responsible for setting forth proper safety training and education to protect their employees and prevent such accidents from happening. If a person is crushed, ran over, or killed as a result of being stuck or caught in between, various safety regulations are violated and the company owners are held accountable. This is where a personal injury or wrongful death lawsuits can help.

If a person is severely injured on the job, they have a right to pursue a lawsuit against the negligent parties and be entitled to remuneration for their damages. If a person is killed as a result of a company’s negligence, the victim’s family has a legal right to pursue compensation through a personal injury wrongful death lawsuit. It is important to hire a licensed and reputable Indianapolis Construction Site Accident attorney for effective representation.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information regarding construction site accident lawsuits in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished and respected personal injuries lawyers with decades of experience in litigation and trial. We offer free initial consultations to learn about your accident and determine if you have a probable case. We never charge or collect attorney fees unless we prevail for you! Call 317-881-2700 and schedule a complimentary consultation
with a licensed personal injury attorney, today.