If you are hurt on the job, you may be concerned about your future. Fortunately, there is a workers’ compensation system in place to ease the consequences of your injury. An Indianapolis workers’ compensation lawyer could help guide you through the process to ensure your recovery of fair damages.
Workers’ compensation proceedings are procedural based and can be technical. A knowledgeable personal injury attorney with experience in the workers’ comp system could make your journey much easier.
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.
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.
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 disable 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 doe up to $18,604.
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.