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Assert your Rights When it Comes to Work Related Illness or Injury

Steve Wagner

The Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses (SOII) 2011 reveal the number of occupational injuries and illnesses in Indiana to be 93,700, or 4.3 injuries or illnesses per every 100 workers. This includes only injuries and illnesses that require medical attention beyond First Aid, and excludes illnesses that manifest many years after the causative event.

Indiana workers’ compensation laws have provisions to compensate employees who suffer from injuries resulting from workplace accidents, and for occupational illnesses owing to the worker’s contact with hazardous conditions on the job.

The law has provisions to compensate the following for work related illness or injury:

Temporary Total Disability Benefits (TTD), at the rate of two-thirds the employee’s pre-injury average weekly wage, for the period the employee is unable to work.

Temporary Partial Disability Benefits (TPD), at the rate of two-thirds the difference between the employee’s existing wage and pre-injury wage, up to a maximum of 300 weeks, if the injury inhibits the employee from working at full potential.

Permanent Total Disability Benefits (PTD), at the rate of two-thirds of pre-injury average weekly wage, for a maximum of 500 weeks, if the injury or sickness inhibits the employee from working again.

Permanent Partial Disability Benefits (PPD), which compensates an injury or illness that leaves the employee permanently incapacitated, such as the loss of a finger or limb, and can work only at a lower skilled job. The compensation in such cases depends on the extent of the disability.

The employees’ surviving dependents also become entitled to death benefits and funeral benefits, if the employee dies due to work related injury or illness.

Such provisions notwithstanding, employers deny compensation frequently. The statutes make it explicit that employees cannot claim compensation if the illness or injury is due to their failure to perform a statutory duty, or due to drug or alcohol use. Employers cite such grounds to deny compensation, or may even invoke the at-will clause to terminate the employee and pre-empt payment of compensation.

Even when the compensation is doled out, dispute of disabilities are commonplace. If you or your loved ones are victims of such injustice, contact Wagner Reese work injury law firm to file a suit against the employer and claim what is rightfully yours. Our team of highly experienced and skilled work comp lawyers have a track record of successfully pursuing these types of cases and settling in favor of our clients. We do not charge any money upfront, and you do not have to pay anything until you receive your settlement.

Contact us at (888) 204-8440 for a free consultation with our Indiana work comp lawyers.

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