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How Indiana's Workers' Comp Lawyers Can Help You

Jason Reese

In the state of Indiana, the law requires most businesses to have workers’ compensation insurance. Employers must provide workers with medical, rehabilitation and income benefits if they are injured on the job using accident insurance paid for by them and used for employees.

These benefits are provided to help an employee return to work but also provides benefits to dependents if an employee passes or is seriously injured as the result of a job-related injury. If an employee is injured while working at a job, it is likely they are entitled to some of the workers’ compensation benefits.

Medical Treatment Is The Most Important Benefit By Far

  • Employer has the right to direct your treatment. In other words, the employer or its insurance company will select your doctors.
  • Medical treatment will be provided until you reach “maximum medical improvement.”
  • Employer or the worker’s compensation carrier may hire a Nurse Case Manager (“NCM”) to schedule and attend your doctor appointments. Cooperate with this person, but remember that the NCM works for the insurance company.

Weekly Disability Benefit

  • This benefit is paid at 2/3 of your Average Weekly Wage up to a maximum of $650 per week (date of loss after 7/1/09), $694 per week (date of loss after 7/1/14), $736 per week (date of loss after 7/1/15), or $780 per week (date of loss 7/1/16).
  • Average Weekly Wage is your average wage for the 52 weeks before the injury and includes overtime, bonuses, tips, and benefits.
  • 7 day waiting period (i.e., you do not get paid for the first 7 days off unless you end up being off more than 21 days).
  • Terminated when you are released to light duty, and your employer can accommodate the light duty restrictions, or when you reach “maximum medical improvement.”

Permanent Partial Impairment

  • A lump sum settlement for permanent injuries can be received when the doctor releases you for good.
  • This benefit is usually based on a doctor’s “impairment rating.”
  • You have the right to have your own doctor given you a second opinion regarding your impairment rating. You must pay for this, but a second opinion can result in a higher settlement if your doctor thinks you have a higher impairment.

Permanent and Total Disability

  • Permanently and totally disabled means that you are unable to perform “any reasonable employment.”
  • This can be extremely difficult to prove – but it does not mean that you are “unable to return to your old job.”
  • Benefit paid is 500 weeks of your weekly disability pay up to a maximum of $347,000 (minus disability benefits already paid).

Your Job Should Be Safe

Employers are not allowed to fire employees for filing a workers’ compensation claim, although it is important to remember that Indiana is an at-will employment state. This means that an employee can be fired at any time except for a handful of reasons.
Consult An Experienced Workers’ Comp Attorney

It is recommended that you consult an attorney, especially if you are contemplating disputing your claim or if you feel that your rights under the Workers’ Compensation Act are not being upheld or feel you have been wrongly discharged.

Contact one of Wagner Reese’s workers’ compensation attorneys today. Stephen Wagner and Jason Reese can handle your workers’ comp claim with years of experience and proven results. Call the law firm of Wagner Reese today (888) 204-8440for your FREE consultation!

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