Open Accessibility Menu

Workers’ Compensation FAQs

Understanding Your Legal Rights & Options

Frequently Asked Questions

Most workers in Indiana are entitled to receive workers’ compensation benefits if they are injured at work or while conducting duties entailed within the scope of their employment. However, the process of filing for workers’ comp can be incredibly complicated. Your claim may even be denied. If you have questions about workers’ comp in Indiana, we invite you to read through our frequently asked workers’ compensation questions.

If you have questions that are specific to your situation, please contact our office for a free consultation with one of our workers’ compensation lawyers in Indianapolis.

We do not charge any fees for your initial consultation and we offer all our legal services on a contingency fee basis, meaning there is no cost to you until your case is successfully resolved.

  • 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 a workers’ comp attorney in Indianapolis to see if you still have time to file your claim.
  • Can I sue my employer?
    In Indiana, you cannot sue your employer in a regular court for their negligence in causing your injury; your only remedy is workers’ comp. There are special situations on construction sites, however. Call our office at (888) 204-8440 for more information.
  • How can I pay an attorney when I have been injured and am unable to work?
    If you’re hurt and off work, you 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 work comp cases are set by law and are lower than other types of personal injury matters. The attorney fee is generally 20% of the first $50,000 in work comp benefits and 15% of any amount recovered over $50,000.
  • Are all on the job injuries covered by work comp 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 work comp claim cannot be denied because it was your fault. Work comp is a “no-fault” system.
  • Can I be treated by my own doctor for a work-related injury?
    In Indiana, the employer has the right to direct medical treatment, and this includes the right to pick the doctor. There are exceptions, such as seeking emergency treatment or seeking treatment after the employer or work comp insurer refuses to provide care. However, generally speaking, if you choose to go to your own doctor, you will be expected to pay for those bills.
  • 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% 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.

Meet Our TEAM

Our attorneys have more than 150 years of collective legal experience and have been honored, both by their peers and by a number of prestigious legal organizations, for their commitment to quality legal services and the highest level of ethics. Most of all, our attorneys understand that, for you, this isn’t just another case. It’s your life. Because of this, we are dedicated to providing compassionate, personalized legal services tailored to your unique needs. We take your specific situation into account and work to provide custom legal solutions that suit your particular goals.

View All

Why Choose Wagner Reese?

  • Over $200 Million Recovered
  • 150+ Years of Combined Legal Experience
  • Evening & Weekend Appointments Available
  • We Come To You - Home or Hospital
  • You Do Not Pay Until We Win
  • Se Habla Español

Request Your Free Case Evaluation

Fill out the form below to get started or give us a call at (888) 204-8440 to speak with our legal team directly.

  • Please enter your First Name.
  • Please enter your Last Name.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • This isn't a valid email address.
    Please enter your email address.
  • Please make a selection.
  • Please enter a message.

Our Locations

  • Carmel Office: 11939 N. Meridian St.
    Carmel, IN 46032
  • Indianapolis Office: 201 N. Illinois St.,
    16th Floor - South Tower

    Indianapolis, IN 46204
  • Champaign Office: 701 Devonshire Dr., Suite C17
    Champaign, IL 61820

Our Blog Posts

  • Medtronic Issues Urgent Field Safety Notification for its MiniMedTM 600 ... Read More +
  • Wagner Reese Proudly Supports IndyBar Women in Law Division's Centennial ... Read More +
  • Common Prescription Errors [INFOGRAPHIC] Read More +
View All Posts