Navigating the workers’ compensation system can be difficult and stressful. Medical expenses lost wages and concerns about your future employment can weigh heavily on your mind. Fortunately, there is a workers’ compensation system in place to ease the consequences of your injury.
If your injury is serious, you should consult with a workers’ compensation attorney as soon as possible to ensure that you receive all benefits that you are entitled to from all available sources. A knowledgeable personal injury attorney in Indianapolis with experience in the workers’ comp system could make your journey much easier.
Hurt at Work? Get the Benefits You Are Entitled to Under the Law
There are many ways you can be injured on the job, from repetitive stress injuries to falls from heights. In 2021 alone, there were 3.2 million non-fatal and 157 fatal workplace illnesses and injuries in Indiana. When an employee is hurt at work, you have the right to have your medical costs and other expenses covered through your employer’s workers’ compensation insurance.
You May Qualify for These Workers’ Compensation Benefits
Any medical expenses that are the result of a workplace injury may be covered by workers’ compensation. This can include everything from emergency transportation to medication to ambulatory devices like wheelchairs and crutches.
In addition to covering your medical bills, treatments, and therapy, workers’ compensation may also compensate you for a portion of your lost wages. A workers’ compensation lawyer in Indianapolis can help you get approved for the benefits you’re entitled to if you were injured. Let us protect your rights as we guide you through the application or appeals process.
If you lost a loved one to a wrongful death in a work zone, you may also be eligible for compensation through workers’ compensation.
Workers’ Compensation Claims
A workers’ comp claim starts immediately after the injury occurs, and they receive medical treatment. According to Indiana Code §22-3-3-1, the worker must notify the employer of their claim within 30 days of the injury. The employer must send a form and send it to the insurance company.
Once the insurance company has the claim, they must file the report with the Indiana workers’ compensation board. The workers’ comp board then decides whether to approve or deny the workers’ claim for benefits.
Should the board deny the worker benefits, an appeal process is available. A skilled Indianapolis attorney could help the worker appeal the decision of the workers’ compensation board.
Appeal Process of a Workers’ Compensation Claim
Should a claim for workers’ compensation be denied by the board or insurance company, a worker has a right to appeal this decision. The worker must file an application for the appeal within 30 days of the initial workers’ compensation board’s decision. After the appeal is filed, the next step is a hearing in front of the workers’ compensation board.
At the appeal hearing, each party will have the ability to examine witnesses, submit documents, and present their legal arguments. An Indianapolis attorney could help with the presentation of evidence to the workers’ compensation board.
Should the worker’s compensation judge deny the initial appeal, a worker may further appeal their case. The final appeal involves the entire workers’ comp board reviewing the evidence submitted at the initial hearing and making a decision. Should this appeal be denied, the worker may appeal their decision to the Indiana Court of Appeals.
Recovery in a Worker’s Compensation Claim
Should a workers’ compensation claim be approved, there are several potential outcomes for the worker. The board will determine whether the worker is permanently or temporarily disabled. An Indianapolis attorney could help prove the severity of disability to the workers’ compensation board.
Temporary Disability
A worker could receive two-thirds of their pay for the time they are unable to work. The amount per week is capped at $780.00. These benefits are available for up to 500 weeks.
Should the worker return to work in a diminished capacity, they are eligible to continue receiving temporary disability. However, the worker will only receive two-thirds of the difference in their pay. These benefits are available for 300 weeks.
Permanent Disability
Once a worker is found to be permanently disabled, they will receive two-thirds of their weekly pay for up to 500 weeks. Workers are considered permanently disabled when they are unable to return to their jobs. Furthermore, the worker must be unable to perform any other work.
Permanent partial disability benefits are also available to workers. The amount a worker receives is dependent upon the degree of disability assigned by a doctor. A worker found to be 100 percent disabled is eligible for up to $18,604.
Our Compassionate Lawyers Support You Through Each Step
Our workers’ compensation attorneys in Indianapolis have helped many clients who were in your situation, and we understand what you are going through. You may be fighting your employer or their insurance company every step of the way, from getting time off while you recover to getting reasonable accommodations when you’re ready to return to work.
Injured workers deserve better than to be left fearing how they will make ends meet, wondering whether or not their job will be safe while they recover, or suffering from work-related PTSD without treatment. Let us be the advocates who are in your corner, fighting to get you the benefits you deserve.
Hire An Indianapolis Workers’ Compensation Attorney
Unfortunately, receiving workers’ compensation is not easy for everyone. If you are struggling to prove you deserve benefits, our firm could help you. Our firm has experienced attorneys ready to fight for your right to workers’ compensation benefits.
Call today and speak to an Indianapolis workers’ compensation lawyer about your claim. A skilled attorney could help you prove you are entitled to damages for a work-related injury.