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5 of the Most Common Indiana Workers' Compensation FAQs Answered

Jason Reese

Five Common Workers’ Compensation Claim Questions Answered

Four out of every 100 workers are injured or killed each year on the job in Indiana. Most of these injuries or deaths are the result of physically demanding jobs and jobs that have potentially dangerous and harmful conditions, especially if safety measures are not followed. Here are five common workers’ compensation questions our lawyers are frequently asked at Wagner Reese.

  • Are all on the job injuries covered by workers’ compensation even if the injury was my fault?

Almost all on the job injuries will be covered. Although many employers do not understand this point, your workers’ compensation claim cannot be denied because it was your fault. Work comp is a “no fault” system.

  • How can I pay an attorney when I have been injured and am unable to work?

If you’re hurt and off work, you likely do not have the money to hire an attorney. Fortunately, our law firm works strictly on a contingency fee basis, meaning we do not get paid until you receive a settlement. Also, attorney fees in workers’ compensation cases are set by law and are lower than other types of personal injury matters. The attorney fee is generally 20 percent of the first $50,000 in workers’ compensation benefits, and 15 percent of any amount recovered over $50,000.

  • Can I get a settlement for my worker’s compensation claim?

If you are injured on the job and suffer some kind of permanent disability, you are absolutely entitled to a settlement, usually paid in a lump sum. If you simply suffer a strain injury and are back to 100 percent after treatment or therapy, you may not be entitled to a settlement.

  • Can my employer fire me while I am receiving worker’s compensation benefits?

Indiana is an “at-will employment” state. This means your employer can fire you and, unfortunately, sometimes that happens. However, if your employer fires you while you are still receiving medical treatment and before you have been released to full duty work by the treating physician, you will likely be entitled to disability benefits.

  • Are there time limits to file a work comp claim?

Like other personal injury cases in Indiana, there are time limits to file your claim. Under the Indiana Worker’s Compensation Act, you have two years from the date of injury to file an Application for Adjustment of Claim with the Indiana Work Comp Board. However, the time to file can be extended if you receive temporary total disability (TTD) benefits. Contact an attorney to see if you still have time to file your claim.

Injuries can often occur when working conditions are not regularly monitored for safety and compliance per standards of the Occupational Safety and Health Administration (OSHA) that are put in place to prevent injuries. When this happens, injured employees may be entitled to receive workers compensation, or other benefits.

Indianapolis Workers’ Compensation Lawyers

With years of experience and proven results, Stephen Wagner and Jason Reese can handle your Indiana work injury claim. Call the law firm of Wagner Reese today (888) 204-8440 and discuss your case at no cost.

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