How to Collect Damages After Being Injured in an Industrial Accident

Industrial accidents can leave a lasting impact on workers and their loved ones, affecting their lives in profound ways. Whether it’s a factory mishap involving machinery malfunction, a large-scale construction site incident caused by falling debris, or a chemical explosion, these events often result in physical injuries, emotional distress, and financial turmoil. For those affected, understanding how to recover damages and secure a stable future becomes crucial in the aftermath. Navigating the legal complexities and procedures can be daunting, and many individuals may feel overwhelmed by the prospect.

This blog post aims to guide industrial workers and accident victims through the complexities of recovering damages, offering valuable insights, practical steps, and expert advice to help them regain control and move forward with confidence. By exploring various options for compensation and rehabilitation, victims can better prepare themselves to overcome the challenges they face.

Call 317-881-2700 to Speak With an Industrial Accident Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With an Industrial Accident Attorney in Indianapolis Indiana

Understanding Industrial Accidents

Types of Accidents in Industrial Settings

Industrial accidents occur across various sectors, from manufacturing plants to construction sites to farms. Common types include slip and falls, equipment malfunctions, and exposure to hazardous materials. Understanding why these accidents happen is the first step towards prevention and recovery. Often, they result from negligence or failing to adhere to safety protocols. It is essential to recognize these risks and advocate for safer working environments.

OSHA Violations

The Occupational Safety and Health Administration (OSHA) plays a critical role in upholding workplace safety standards. Yet, OSHA violations continue to occur in industrial settings, contributing significantly to accident rates. Violations might include inadequate safety equipment, lack of proper signage, or insufficient employee training. Awareness of these violations can help workers identify potential hazards and demand necessary changes.

U.S. Statistics

Statistics reveal a concerning landscape regarding industrial accidents in the United States. According to the Bureau of Labor Statistics, in 2022 alone, there were approximately 2.7 million nonfatal workplace injuries and illnesses reported by private industry employers. Tragically, this also included over 5,000 fatalities. These alarming figures underscore the critical need for enhanced safety protocols and strategic legal interventions when such accidents happen.

Seeking Legal Advice

After an industrial accident, seeking legal advice can be a game-changer for those affected. Consulting with a personal injury lawyer ensures that victims fully understand their rights and options, which can often be overwhelming in the aftermath of such incidents. Legal professionals are equipped to provide valuable insight into navigating complex claims, including the gathering of necessary evidence and dealing with insurance companies. They play a crucial role in securing the compensation needed not only for immediate medical expenses but also for long-term recovery and rehabilitation. This guidance can help alleviate the stress and uncertainty that often accompany such unfortunate events, allowing victims to focus on healing and rebuilding their lives.

Finding the right legal representation involves careful consideration. Recommendations, online reviews, and initial consultations can help pinpoint the best legal advocate for your situation. Having the right lawyer by your side can make a significant difference in the outcome of your claim. Here at Craven, Hoover & Blazek, P.C., our accident lawyers have years of experience with workplace injury claims and a proven track record in handling similar cases.

Recovering Damages: Workers’ Compensation vs. Personal Injury Claims

When it comes to recovering damages, understanding the difference between workers’ compensation and personal injury claims is vital. Workers’ compensation is typically faster and covers medical expenses and lost wages and permanent partial impairment damages. It’s a no-fault system, meaning you don’t have to prove negligence. However, it may not cover all potential damages.

On the other hand, personal injury claims can potentially offer more extensive compensation. These claims require proving that a third party was negligent and caused your injury at work. Successful personal injury claims can cover a broader range of damages, including pain and suffering and future loss of earnings. Evaluating both options with a legal advisor ensures informed decision-making.

The Process of Filing a Claim

Filing a workers’ compensation claim involves several steps. First, report the injury to your employer as soon as possible. Timely reporting is crucial to avoid complications. Next, seek medical attention and keep detailed records of all related expenses and treatments. Submit a formal claim to the workers’ compensation board in your state, paying close attention to deadlines and documentation requirements. You can and should also consult with a workplace injury lawyer.

For personal injury claims, the process is more intricate. It begins with gathering evidence of negligence and documenting all injuries and losses. Consult with a lawyer to file the claim in civil court, where the legal proceedings will unfold. While this route may take longer, it could result in substantial compensation.

Challenges and Pitfalls to Avoid

Recovering damages from industrial accidents can be fraught with challenges. One common pitfall is missing deadlines, which can jeopardize your claim. Additionally, inadequate documentation or failing to follow medical advice can weaken your case.

To protect your rights, consider these tips:

  1. Keep meticulous records of all medical treatments and related expenses.
  2. Follow through with prescribed medical care and attend all appointments.
  3. Communicate openly with your legal team and adhere to their guidance.
  4. Be wary of insurance companies offering quick settlements—they will not serve your best interests.

FINAL THOUGHTS

Industrial accidents can have devastating consequences, but understanding the path to recovery is empowering. By knowing your legal options and seeking expert advice, you can secure the compensation needed for healing and rebuilding. Injured workers deserve support and justice; don’t hesitate to reach out for legal assistance. Remember, the first step toward recovery is acknowledging your rights and taking action. If you or someone you know has been injured in an industrial accident, contacting a seasoned lawyer is a crucial move towards reclaiming your future.

For those unsure about their circumstances, contacting a professional can be an initial step towards gaining empowerment and achieving justice. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 at 317-881-2700 to schedule a free initial consultation with our seasoned workers’ compensation attorneys in Indianapolis, Indiana. We do not require any upfront lawyer fees, and only get paid if we recover a settlement or an award for you.

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Five Common Myths about Workers’ Compensation Debunked

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. Contact 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.

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Vocational Rehabilitation After a Workplace Injury: A Guide for Injured Workers

In the aftermath of a workplace injury, returning to work can seem like a distant reality. However, vocational rehabilitation offers a beacon of hope, providing the means for injured workers to reclaim their professional and personal lives and independence. This blog post is dedicated to understanding how vocational rehabilitation can serve as a crucial step on the road to recovery.

Call 317-881-2700 to Speak With a Seasoned Workers' Comp Attorney Near Indianapolis
Call 317-881-2700 to Speak With a Seasoned Workers’ Comp Attorney Near Indianapolis

Types of Workplace Accidents and Injuries

Workplace accidents range from slips, trips, and falls, lifting injuries to incidents involving machinery or hazardous materials. According to OSHA, common violations leading to these injuries include inadequate fall protection, poor hazard communication, and insufficient respiratory protection. It’s important for workers to recognize these hazards and understand their rights in the workplace.

Understanding Vocational Rehabilitation

Vocational rehabilitation is a process intended to enable persons with disabilities, which includes those injured at work, to overcome barriers to accessing, maintaining, or returning to employment or other useful occupations. Early intervention post-injury is critical for the best outcomes in vocational rehabilitation, facilitating a quicker and more effective recovery.

The Role of Vocational Rehabilitation

Through vocational rehabilitation, injured workers are afforded a range of services catered to their unique circumstances:

Assessment of Skills and Abilities: Understanding what you can do post-injury allows for a realistic rehabilitation plan.

Development of a Personalized Plan: Goals are set, and strategies formulated to address specific employment barriers.

Training and Retraining Opportunities: This can involve learning new skills or refreshing existing ones to meet job demands.

Job Placement Assistance: Support in finding suitable employment that accommodates any lingering limitations.

Benefits of Vocational Rehabilitation

Vocational rehabilitation helps restore not only vocational capacity but also:

Independence and Self-Confidence: Gaining the skills to re-enter the workforce empowers individuals.

Successful Return to Work: Structured plans ease the transition back into employment.

Enhanced Physical and Mental Well-Being: Staying active and purposeful promotes overall health.

Navigating the Vocational Rehabilitation Process

It is a collaborative journey, often involving a rehabilitation counselor, to guide you through steps such as:

Accessing Resources and Support: Many programs offer tools and support networks.

Overcoming Challenges and Setbacks: Prepare for ups and downs and celebrate small victories along the rehabilitation pathway.

Legal Considerations

Injured workers should be aware of their rights under workers’ compensation laws, which may include vocational rehabilitation services. It’s important to understand timelines for claiming benefits and the process of disputing any denials. The Americans with Disabilities Act (ADA) also offers protections that facilitate a fair and reasonable accommodation in the workplace. Understanding how vocational rehabilitation interacts with Social Security Disability Insurance (SSDI) is equally important for those who qualify for both services.

Hiring a Workers’ Compensation Lawyer

Injured workers should consider the merits of having an attorney to defend their rights and ensure fair compensation during recovery. A personal injury lawyer who also handles workers’ compensation cases can navigate the complexities of such claims and advocate on your behalf. A seasoned workers’ compensation attorney, you can secure the resources necessary for comprehensive rehabilitation. If your claim to vocational rehabilitation services is denied, a lawyer can provide the representation needed to appeal the decision.

Conclusion

If you’ve suffered a workplace injury, don’t overlook vocational rehabilitation as a pivotal part of your healing process. With the right guidance, support, and legal aid, you can pave a pathway towards reclaiming your career and life. Talk to a workplace injury attorney today to explore your rights and the compensation you’re entitled to. Your journey to resume work can be just as rewarding as it is challenging.

As always, we hope this information has been helpful. If you ever need assistance with a workplace injury claim in Indiana, our team of experienced accident lawyers is here to help. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free initial case evaluation and let us guide you through the workers’ compensation claim process. Your well-being and rights are our top priority.

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

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

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

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

Understanding Workers’ Compensation in Indiana

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

The Role of a Workers’ Compensation Lawyer

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

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

What to Expect from a Workplace Injury Lawyer

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

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

What to Do if You are Seriously Injured at Work

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

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

Conclusion

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

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

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

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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 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.

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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.

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Local Indianapolis Personal Injury Law Firm 317-881-2700
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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.

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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.

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Do I Notify OSHA if Injured at Work Due to a Safety Violation?

Regardless of industry, all workers are protected under Federal Law, which requires employers to provide a safe workplace environment that is free of any foreseeable health and safety hazards. The Occupational Safety and Health Administration (OSHA) is an organization responsible for enforcing such health and safety regulations in workplace environments here in the United States. Employers, employees, and manufacturers alike are obligated to follow OSHA guidelines for the purpose of supporting safety and wellness in the workplace and prevent serious injuries and fatalities.

If injured at work, it is important to follow certain protocol to protect your rights to being compensated for your damages and loses. The question of contacting OSHA in the case that your injury or accident resulted from an OSHA violation is a common one among the workforce; and the answer depends on how you choose to navigate your workers’ compensation claim.

Continue reading to learn what you need to know about reporting a workplace injury, including when it might be necessary to contact OSHA to file a complaint against your employer.

OSHA Workplace Accident Lawyer Indiana 317-881-2700
OSHA Workplace Accident Lawyer Indiana 317-881-2700

Workplace Accidents and OSHA Violations

Whether injured or not at work, you have the right to speak your mind about any concerns you have regarding the health and safety of your workplace environment. When it comes to contacting OSHA to report a violation or file a complaint, the only time that would be necessary to do this is if no one has been injured or harmed yet. In such case, you would be filing a complaint for the purpose of abating any potential health or safety implications.

The guidelines direct all employees to contact the Occupational Safety and Health Administration (OSHA) within 8 hours of a workplace accident that results in a fatality. For workplace accidents that require inpatient hospitalization, a loss of an eye, or a form of amputation, employers must notify OSHA within 24 hours. You can contact OSHA to file a complaint, here.

What To Do If You Are Injured at Work

It is common for employers to display Occupational Safety and Health Administration (OSHA) regulation posters throughout the workplace to notify employees of their OSHA obligations and workplace safety rights. These posters will have information regarding workplace safety, OSHA requirements, and instructions for notifying superiors about workplace safety concerns.

If you are injured at work in an accident, the first thing you need to do is contact your supervisor for help. If your supervisor or manager is not available, proceed with emergency medical assistance or contact 911. Once you have received proper medical treatment and have been stabilized by a medical professional, advise your employer and contact in Indianapolis IN workplace injury lawyer to learn your rights to recovering a settlement for your damages and losses.

You Have Rights as an Injured Worker

You never have to fear any sort of vocational retaliation if you decide to file a workers’ compensation claim to recover a settlement for your damages and losses resulting from a workplace accident, nor do you have to worry about being penalized by your place of employment for reporting a health or safety violation to the Occupational Safety and Health Administration (OSHA). An employer is not legally allowed to fire, demote, transfer, or take revenge against an employee who files a report or claim. Furthermore, all filings are confidential.

Have you been injured at work recently and now you would like to learn your rights to pursuing legal action against your place of employment or third-party? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your worker’s compensation claim in Indianapolis, Indiana.

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What to Do After Being Injured in an Industrial Accident in Indiana

In cities across the country, we graciously express thanks to our industrial workers for laying the foundation of our local economies. The industrial labor industry, although essential in many ways, is a dangerous one for those employed within its various trades and productions. As an injured industrial worker in Indiana, it is vital that you learn your rights regarding the collection of compensation for your damages and losses incurred because of your industrial accident.

Continue reading to learn what to do after being injured in an industrial accident Indiana so that you may protect your rights and preserve your quality of life.

Industrial Accident Workplace Injury Lawyers Indiana
Industrial Accident Workplace Injury Lawyers Indiana 317-881-2700

Help for Victims of Indiana Industrial Accidents

Whether you work on the engineering, manufacturing, or business side of the industrial industry, accidents can happen all around you. From slips, trips, and falls to amputations, orthopedic injuries, burn injuries, and more, the scope of possible industrial accidents are wide-ranging.

Regardless of how you are injured in your industrial accident, if your accident occurred as a result of another’s negligence or recklessness, you may be entitled to a settlement for your damages and losses.

Common damages losses that victims typically suffer after an industrial accident in Indiana include hospital bills, medical expenses, lost wages for missing work, pain-and-suffering, mental anguish, permanent disfigurement, permanent disability, loss of companionship, and even wrongful death.

Industrial Accidents Commonly Involve:

▷ Factories
Construction Sites
▷ Warehouses
▷ Drilling Rigs
▷ Mines
▷ Processing Plants
▷ Refineries
▷ Grain Mills
▷ Paper Mills

How to Obtain a Successful Outcome to Your Workers’ Compensation Claim and/or Third Party Claim

When a person is injured while working, they obviously would have a worker compensation claim that they can make through their employer’s worker compensation insurance carrier.  Worker compensation claims have set limits on what amount of money an injured person may recover however. In a worker compensation claim, an injured person also cannot recover damages for pain and suffering. In addition, in a worker compensation claim, the worker does not need to prove anyone was negligent. They need only prove they were injured in the course and scope of their employment.

When a person is injured while working, they may also have a third party claim in addition to the worker compensation claim they can make. A third party claim exists when the injury to the worker occurs as the result of negligence of a person who is not also a direct co-employee of the injured worker. For example, if two companies are working at a job site and while working putting together scaffolding a worker from one company is injured by an employee of another company who backs up a forklift into the person putting the scaffolding together, the forklift operator’s employer could be held liable for all damages, including pain and suffering damages that are not compensable in the worker compensation claim. Any judgement against the forklift operator’s employer would be paid by their liability insurance carrier.

The most effective tool you can equip yourself with when pursuing legal action against a wrongful party that caused your injuries is an Indiana workplace injury lawyer. They retain the proper resources, knowledge, and experience to navigate your personal injury case from start to finish, ensuring that you obtain the maximum settlement or verdict for your Indiana industrial accident claim.

Industrial Accident Claim Representation in Indiana

Here at the Law Office of Craven, Hoover, and Blazek P.C., we have represented numerous clients catastrophically injured on the job throughout the state of Indiana. Not only can we help victims obtain financial relief in the form of a verdict or settlement, but we can also support clients in obtaining proper medical treatment and counseling.

We fight for our clients’ rights to compensation for past, current, and future losses, including loss of ability to work performed the same work duties before the accident occurred, as well as partial, temporary, and total disability benefits. Choose our Indiana industrial accident lawyers for superior and aggressive-when-needed personal injury representation for your workers’ compensation claim.

We also fight for clients’ rights to compensation for pain and suffering and all other damages if there is a third party claim in addition to a worker compensation claim that can be made.

Are you ready to learn your best options for obtaining compensation after being catastrophically injured in an industrial accident? Contact us at 317-881-2700 to schedule a free personal injury case evaluation with an Indiana workers’ compensation lawyer soon. Act fast, before time runs out on your claim and significant evidence is lost.

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