Worker’s Compensation FAQs

//Worker’s Compensation FAQs
When the Stakes Are the Highest. Fighting for Maximum Recovery for Your Loss.
Worker’s Compensation FAQs 2018-06-28T22:45:46+00:00

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.

In Indiana, you cannot sue your employer in a regular court for their negligence in causing your injury; your only remedy is work comp. There are special situations on construction sites, however. Call our office for more information. 888-710-9377.

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.

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.

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.

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.

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.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

About the Lawyers

Stephen Wagner and Jason Reese can handle your work comp claim with years of experience and proven results. Call the law firm of Wagner Reese today 888-710-9377 for your FREE consultation!

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