Most workers in Indiana are entitled to receive workers’ compensation benefits if they are injured at work or while conducting duties 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 contact an Indianapolis workers' compensation attorney at Wagner Reese.
We do not charge any fees for your initial consultation, and we offer all of our services on a contingency fee basis, meaning there is no cost to you until your case is resolved.
Contact our office today at (888) 204-8440 for a FREE consultation with one of our workers’ compensation lawyers in Indianapolis.
Filing a Workers' Compensation Claim in Indiana
If you are injured on the job, or you lose a loved one in a wrongful death accident, you and your family are entitled to workers’ compensation benefits. However, going through your employer and insurance companies to receive these benefits is often difficult.
If you are fighting with your employer over a workers' comp amount or an insurance company is refusing to pay what you deserve, contact our firm today. Our legal team at Wagner Reese can fight back on your behalf and get you the money you deserve.
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’ compensation. There are special situations on construction sites, however. Call our office to discuss the details of your case.
Are All Work Injuries Covered, Even If It Was My Fault?
Almost all on-the-job injuries will be covered. Your workers' compensation claim cannot be denied because it was your fault. Workers' comp is a “no-fault” system.
Can My Employer Fire Me While I'm Receiving Workers' Comp?
Indiana is an “at-will employment” state. This means that your employer can fire you at will 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.
Can I Be Treated By My Own Doctor for a Work Injury?
In Indiana, employers have the right to direct medical treatment, including the right to pick a doctor. There are exceptions, such as seeking emergency treatment or seeking treatment after the employer or workers' comp insurer refuses to provide care. If you choose to go to your own doctor, however, you will generally be expected to pay for those bills.
Can I Get a Settlement for My Workers' Comp 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, you may not be entitled to a settlement.
How Can I Afford to Pay an Attorney If I Can't 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 workers' comp cases are set by law and are lower than other types of personal injury cases. The attorney fee is generally 20% of the first $50,000 in work comp benefits and 15% of any amount recovered over $50,000.
Time Limits for Workers' Compensation Claims
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.
Let Wagner Reese Protect Your Rights
At Wagner Reese, we understand that a serious work-related injury can alter your life. Depending on the severity of your injury, you may be unable to return to work, either temporarily or permanently. Compounded with the cost of medical treatment, prescription medications, and other necessary expenses, this can quickly become a large burden.
Since 1997, Wagner Reese has been fighting for injured workers throughout Indiana. We understand what is at stake, which is why we use our 150+ years of combined experience, access to experts, and extensive trial skills to aggressively advocate for you.
For more information, call Wagner Reese at (888) 204-8440 for a free consultation with one of our workers' comp lawyers in Indianapolis.