How to Successfully File a Workers’ Compensation Claim in Indiana

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 specializing in 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.

Related Posts:

How Financial Compensation Works in Personal Injury Claims
Steps to Take After an Injury at Work
Which Injuries Qualify For Workers’ Compensation in Indiana?

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

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

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

Can I Quit My Job if I Am on Workers’ Compensation?

Are you currently receiving workers’ compensation benefits from a recent workplace or work-related injury? If so, it might be in your best interest to maintain your employment for the time being. Wanting to quit your job after suffering injuries in a workplace accident is understandable, but when you are on workers’ comp, it is not always the wisest choice.

Continue reading to learn more about workers’ compensation benefits, and how quitting your job could cause issues. 

Worker Disability Lawyer Indianapolis Indiana 317-881-2700
Worker Disability Lawyer Indianapolis Indiana 317-881-2700

Employment and Workers’ Compensation

Whether you can quit a job you are receiving workers’ compensation benefits at depends on a wide range of factors, from the state you live in and the status of your recovery to the benefits you are eligible for, why you wish to leave your position, and much more. For this reason, and because the matter of maintaining employment while on workers’ compensation is not a cut-or-dry matter, it is strongly encouraged to seek advice from a licensed and qualified Indiana workplace injury lawyer.

Medical Expenses and Hospital Bills are Covered Under Workers’ Comp Benefits

If you are injured on the job or while performing work-related duties, all of your medical expenses and hospital bills will be covered under your workers compensation benefits. Even if you quit your job, these benefits are still available to you. After all, your injuries from your work-related accident do not suddenly heal themselves if you decide to terminate your position at your place of employment.

COMMON MEDICAL EXPENSES:

▶ Medical Treatments
▶ Hospitalization
▶ Surgery
▶ Rehabilitation
▶ Physical Therapy
▶ Medications
▶ Mileage to Doctor’s Appointments
▶ Medical Devices (Wheelchairs, Crutches, Braces, Etc.)

Once the worker compensation judge that you have reached maximum medical improvement (MMI), which means your condition cannot be improved by further treatment, your workers’ compensation benefits for medical expenses and hospital bills will at least partially end. The judge makes his or her decision based upon the opinion of the doctor chosen by the worker compensation carrier, your own physician and sometimes a physician chosen by the judge. However, this does not mean that all workers compensation benefits have been extinguished. As a result of your workplace accident and injuries, you could require compensation for future medical care, medications, medical devices, and other future losses, such as partial or permanent disability and loss of inability to return to full employment.

Coverage for Lost Wages

When an injured worker is recovering from a workplace accident, they are unable to earn wages in the same way they were able to before the accident. Workers’ compensation benefits are designed to cover such losses, thus bridging the financial gap between leaving work and returning to work. However, the essential term here is worker. If a worker quits their job, there is no returning to their job, which can cause them to lose their worker’s compensation benefits.

Temporary and Permanent Disability

There are different types of categories an injured worker can be placed in depending on the degree of their impairment. These categories include Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). With temporary disability benefits, an injured worker generally receives 2/3rds of their average weekly pay. Injured workers who have suffered permanent disabilities will generally receive a lump-sum settlement, but in other cases may receive continued worker’s compensation payments. 

ADDITIONAL FACTS TO CONSIDER:

☑ Quitting a job while on workers’ compensation may have a negative effect on your settlement.

☑ Never quit your job before making a workers’ compensation claim.

☑ If you are classified as TTD, but your employer does not have light duty work available, you can still receive workers’ comp benefits.

☑ If you quit while receiving workers’ compensation benefits, this can cause issues.

You have the right to quit your job on workers’ compensation, and no one will stop you, but understand that there is a risk when it comes to receiving the full and fair benefits you deserve. Talk to a workplace injury lawyer first, before making any decisions about your employment.

Are you having trouble understanding your workers compensation benefits in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed and experienced workers’ compensation attorney in Indianapolis, Indiana. We offer free initial consultations, over the phone, via online video conference, or in person at our Indy office. Our accident lawyers represent injured persons all throughout the state of Indiana.

Related Posts:

General Workers’ Compensation Benefits and How to Claim Them
Were You Involved in an Accident While Driving Your Company Car?
Common Warehouse Accidents Covered By Workers’ Compensation

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

General Workers’ Compensation Benefits and How to Claim Them

An employer’s workers’ compensation coverage provides certain payments for those injured on the job. Continue reading to learn some of the most common workers’ compensation benefits, how to claim them after a workplace injury, and what you can do if they are not adequate to cover your damages and losses.

Worker Accident Claims Indianapolis Indiana 317-881-2700
Legal Assistance With Worker Accident Claims – Indianapolis Indiana 317-881-2700

Workplace Injuries and Damages

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on what state the employer is located in and the extent of the injuries or damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills, permanent partial impairment rating (PPI ratings) and sometimes other damages.

Workers’ compensation should cover damages caused by a workplace accident or injury It is wise to hire an Indianapolis personal injury attorney who specializes in workers’ compensation cases to recover the full and fair recompense deserved.

Most Common Types of Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve assault/battery, contracting a work-related illness or disease, experiencing an armed robbery or other gun related attack, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

☑ Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

☑ Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

☑ Benefits for Dependents in the Case of a Wrongful Death at Work 

☑ Travel Expenses (If Applicable)

A Workplace Injury Lawyer Can Help You Recover the Most Benefits

There are sometimes other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. If you wish to recover the full and fair remuneration you and your family deserve after your workplace accident or injury, your best course of action is to hire a personal injury lawyer in Indianapolis who is well-versed and experienced in workers’ compensation cases.

A certified and skilled Indianapolis workers’ compensation lawyer can provide comprehensive case support from start to finish. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim so that your focus can be placed solely on your recovery. Just be sure the Indiana personal injury law firm you select employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This effort will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Not sure which personal injury law firm to choose for your workplace injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

Related Posts:

Common Warehouse Accidents Covered By Workers’ Compensation
Were You Involved in an Accident While Driving Your Company Car?
Facts About Electrocution and Electric Shock Accident Lawsuits

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

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

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
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.

Related Posts:

Do I Notify OSHA if Injured at Work Due to a Safety Violation?
What to Do After Being Injured in an Industrial Accident in Indiana
Steps to Take After Being Injured in a Ride Share Accident

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

How to Bring a Third Party Claim After a Workplace Injury in Indianapolis

After being injured in the job, employees are generally eligible for workers’ compensation benefits, which are basic and only cover the injured party’s damages in a limited fashion. But what if an employee’s accident was another party’s fault other than their employer or company? This is common in the case of car accidents, such as a negligent driver causing a serious collision with a truck driver who is on the clock and operating the company vehicle. Additionally, what about the other types of losses suffered by injured workers that are just as significant and impactful, like mental anguish, pain, and suffering? Worker’s compensation benefits do not usually pay out for such damages.

Fortunately, injured workers harmed by another’s negligence other than their employer or a co-employee can pursue a third party claim to obtain the full and fair amount of compensation they deserve for ALL their damages and losses. If you were recently injured at work you can bring a workers’ compensation claim to recover benefits for your medical expenses, bills, some of your lost wages and if you have been permanently injured, you can also receive limited amounts for the permanency.  If you are injured while working through the fault of a third party who is not your employer or a co-employee, you can make a claim for all your damages.

Continue reading to learn more about third party personal injury claims and how to get started on yours.

Indianapolis IN Personal Injury Law Firm 317-881-2700
Indianapolis IN Personal Injury Law Firm 317-881-2700

Third Party Claims for Injured Workers

Third party claims are important for workers who are injured on the job by another party separate from their company or employer. In such situations, not only should an injured worker accept workers’ compensation benefits after an accident on the clock, but they should also seek additional compensation from the separate party who caused their accident and ensuing damages.

In order for your third party claim to be successful, you will need a skilled and experienced personal injury law firm representing your case. As the claimant, you hold the burden of proving your case, including the defendant’s duty of care, their negligence, your resulting injuries, and overall damages and losses.

Who to Trust for Third Party Workplace Injury Claim Help in Indianapolis

The Law Office of Craven, Hoover, and Blazek P.C. is your source for trusted personal injury workers’ compensation representation in Indianapolis, Indiana. Our seasoned accident lawyers have represented numerous workers’ compensation, workplace accident cases and third party cases resulting from injuries to persons that occurred while the person was working, including Spanish speaking workplace accidents. We have the proper skills, legal resources, finances, and more to obtain fair and full relief for workplace accident victims.

This assures our clients that they have entrusted the right law firm for their work-related injury lawsuit. Our history shows that we work hard to fight for and protect our client’s rights, while recovering all funds and benefits they are rightfully entitled to. We offer free initial consultations and charge no fees unless we win compensation for you.

Are you ready to get your claim in motion or learn more about your rights? Contact us today at 317-881-2700 to schedule a free initial consultation with a licensed workplace accident lawyer in Indianapolis, Indiana. We serve clients state-wide, and never collect attorney fees unless we prevail for you.

You Should Also Read:

Difference Between Third Party Lawsuits and Worker’s Compensation Claims
FAQS About Having to Go Back to Work After a Workplace Injury
How to Try to Prevent a Heavy Lifting Injury at Work

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

An Explanation of Scheduled and Unscheduled Losses for Workers’ Comp Claims

As discussed in an earlier blog regarding workers’ compensation payments, Indiana provides two forms of Permanent Partial Impairment (PPI) benefits referred to as scheduled loss benefits and unscheduled loss benefits. If you were recently injured at work, and as a result have suffered a permanent disability, these benefits might play a vital role in your future.

Continue reading to learn more about scheduled and unscheduled loss benefits, as well as, how to get a free consultation to discuss your rights to compensation after a workplace injury.

Workers Compensation
Indianapolis Workers Compensation Lawyers 317-881-2700

Permanent Partial Impairment (PPI)

Permanent partial impairment benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, total temporary disability benefits that are paid over 125 weeks are deducted from permanent partial impairment payments. Furthermore, such benefits are not granted until a patient reaches maximum medical improvement. Maximum medical improvement means the patient has healed as much as possible, and no further treatment will improve their condition.

Scheduled Loss Benefits

Scheduled loss benefits are granted to workers who are subjected to amputation or lose full function of a body part. These benefits are not based on weekly earnings, but rather, each scheduled injury is assigned a “degree” that represents a monetary value to which a person is entitled. Indiana publishes a yearly schedule of degrees for impairment on the Workers’ Compensation Board website. As of 2017, the Indiana schedule of degrees for impairment is the following:

➤ Between 1 and 10 Degrees = $1,750 per degree
➤ Between 11 and 35 Degrees = $1,952 per degree
➤ Between 36 and 50 Degrees = $3,186 per degree
➤ 51 Degrees and Above = $4,060 per degree

The schedule determines how much a victim receives in benefits depending on the body part affected. Common body parts listed on Indiana’s schedule include arms, legs, hands, fingers, thumbs, feet, toes, and ears. Thumbs, for instance, are assigned a 12 degree value. Arms below the elbow are set at 40 degrees, while arms above the elbows are set at 50 degrees. Hands are also 40 degrees, and legs above the knee joint are 45 degrees. To see the full list of scheduled body parts for Indiana, review the state’s workers’ compensation laws in Indiana Code Ann. § 22-3-3-10.

All scheduled loss benefits are paid according to the degree of loss as well. For example, if a doctor determines that a patient has lost 50% use of their arm, the state assigns a 40 degree value, but it would be reduced to 20 degrees to accommodate the ratio.

Unscheduled Loss Benefits

When a worker suffers amputation or loss of function of a body part that is not listed on Indiana’s schedule, it might fall under unscheduled loss benefits. These benefits are calculated based on the extent of loss of function in the body part. Once a patient achieves maximum medical improvement, their physician will assess their level of long-lasting disability, and then assign an actual degree of impairment. So, if your doctor determines that you have lost 10% use of an unlisted body part, this would be assigned a 10 degree value on Indiana’s schedule, which would entitle you to roughly $17,500.

Discuss Your Indiana Workplace Injury Benefits Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis workers compensation attorney who can determine the best strategies for your Indiana 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 persons throughout Indiana.

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

Personal Injury Accidents That May Also Have Criminal Penalties

Criminal law involves crimes prosecuted by the state or federal government, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty individuals face jail time, probation, governmental fines, and in extreme cases, the capital punishment.

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties and prosecuted by private parties most usually. A common example of such cases involve personal injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the court or jury to decide who is at-fault and if the negligent party should pay remuneration to the injured person.

When it comes to tort law, or personal injury law, some accidents can render both civil and criminal consequences for the at-fault party. Continue reading to learn some examples of when an individual may also face state or federal charges for carelessly causing an accident that results in someone’s injury or harm.

Personal Injury Attorney Law Firm
Personal Injury Attorney Law Firm 317-881-2700

Civil and Criminal Lawsuits

Although murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, in addition to a civil one. These cases usually go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves.  In the case of murder or homicide, the family of the victim may be able to pursue a wrongful death claim in civil court, and collect compensation for their loss, whether a child, spouse, or relative.

Additional Examples:

Car Accidents – If a person is driving recklessly or illegally, such as underage or intoxicated, and they seriously injure or kill another person as a result, the victim or their family can seek compensation for their losses and damages in civil court. Furthermore, the state may choose to press charges against the driver for criminal offenses, including operate a vehicle under the influence and causing bodily injury.

Negligent Supervision – If someone is guilty of negligent supervision, they may face both civil and criminal penalties if their actions are deemed criminal, such as in the case of child abuse, child negligence, manslaughter, nursing home abuse, and more.

Sexual Harassment at Work – If a person is being sexually harassed at work, they may be able to pursue a claim if the situation was ignored or not properly addressed by management. Furthermore, the wrongful party could face criminal penalties if the sexual harassment was criminal in nature, such as rape, sexual misconduct, voyeurism, and more.

Medical Malpractice – If a doctor or clinic negligently causes injury or death to a patient, they could be sued in civil court by the victim or their family, as well as, be charged criminally if their offense was intentional, egregious, or falls under manslaughter.

The circumstances among each case of personal injury victims vary greatly, especially when it comes to penalizing an at-fault party criminally. Always discuss your questions and concerns with a seasoned Indiana personal injury lawyer you can trust. They will be able to provide the best advice on which course of action you and your family should take after suffering the consequences of a serious injury.

Indiana Personal Injury Attorneys

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, and located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Standard Workers’ Compensation Benefits You Can Expect

Workers’ compensation is usually a blessing for those injured on the job. Learn what to expect from standard workers’ compensation benefits, and what you can do if your expectations are not sufficiently met.

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

It is common for people who are injured on the job through no fault of their own to collect workers’ compensation benefits. The amount of compensation and extent of benefits awarded to injured workers largely depends on the degree of their injuries and damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills and set sums for any impairment. If you were recently injured at work, it is strongly suggested to hire a seasoned personal injury attorney who specializes in workers’ compensation claims to help you recover the full and fair settlement you deserve.

Common Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Personal injury/worker compensation cases can involve assault, battery; or even contracting a work-related illness or disease, experiencing an armed robbery, and much more.

Regardless of the actual cause of a worker’s injuries and resulting damages, the common coverages and benefits received from workers’ compensation claims generally include:

☑ Paid hospital bills, medical expenses, physical therapy, medical and vocational rehabilitation, doctor visits, counseling, prescriptions, etc…;

☑ Paid weekly earnings for time off work longer than one week (2/3 of average weekly pay-but has limits);

☑ Benefits for dependents in the case of a wrongful death at work;

☑ Travel expenses (if applicable);

☑ Benefits for any permanent total or partial disability.

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They have the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair compensation deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Indianapolis Workers’ Compensation Claims

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your Indianapolis workplace injury claim. Our seasoned personal injury lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

What To Do If You are Injured at Work

Workers’ compensation laws vary from state to state, and can be quite complex for the average employee to understand. Some people even believe that they are not eligible for such benefits unless they have been employed for a certain amount of time. These common misunderstandings about workplace injuries often lead victims down the wrong path to financial recovery.

If you are ever injured at work, regardless of how long you have been employed, it is important that you act fast and take the proper steps towards making a claim. Continue reading to learn what you should (and should not) do to after being injured at work.

Workers' Compensation Lawyers 317-881-2700

Indiana Workers’ Compensation Lawyers 317-881-2700

What NOT To Do

Do not believe your employer if they say you are not eligible for workers’ compensation benefits. As mentioned before, this is simply not true. This same fact applies to an employer who insists that you must work a minimum period of time to receive workers’ comp benefits; this is simply not true either. As soon as you are officially employed, you are entitled to rights if injured on the job.

It is also very important that you do not let your employer put you back to work in a position that violates your work restrictions. Be sure to discuss what these restrictions are with your doctor so that you are entirely informed of your aftercare instructions and occupational restrictions.

If your employer assigns you a nurse case manager, you do not have to let them into the examination room with you when being seen by the doctor. This is your legal right, so do not allow your employer to manipulate you into believing otherwise.

Upon making a claim, do not let the insurance carrier postpone their decision on whether to approve or deny your workers’ compensation claim. In Indiana, the law mandates that insurance companies must provide their decision within 30 days from the day a workers’ compensation claim is filed.

What To Do

If you are injured at work, whether you think you might require treatment or not, you should immediately notify your supervisor and have them make a written report of the incident to have on record. Be sure to get a copy of the report too.

If your employer’s workers’ compensation insurance carrier sets up appointments and medical examines for you, be sure to attend them all, regardless of the situation. Make all efforts to avoid rescheduling any such arrangements. In some jurisdictions, workers’ comp benefits can be negatively impacted if you miss or reschedule more than once.

Retain all documents (or copies of documents) that your doctors give you regarding any medical restrictions, off-work statements, and related reports. If you are not pleased with the medical treatment you are receiving, it is in your right to request a second opinion.

If you have to travel outside of your county of residence to see doctors or receive medical treatment, record the dates, miles traveled, and doctors’ names, and keep this log on hand. In Indiana, there is a certain rate that employees can be reimbursed per mile they have to travel.

As far as logs go, it also helps to keep record of the total amount of time you are off work as a result of your injuries. In Indiana, if you are off work for more than 7 days due to your workplace injury, you are entitled to collect TTD (Temporary Total Disability) benefits. See our blog A Brief Explanation of Temporary Total, Temporary Partial, and Permanent Total Disability Benefits to learn more about these benefits.

If your employer harasses or retaliates against you for making a workers’ comp claim, immediately report to the Indiana Department of Labor. It is against the law for an employer to make threats or retaliations.

If you are denied any benefits based on the suggestion of a pre-existing condition, or some other reason, be sure to contest the denial. Contact an Indianapolis workers’ compensation lawyer to recover the full and fair benefits you deserve after being injured at work.

How to Take Action Now

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

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