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Anderson, IN Workers’ Compensation Lawyers
Being hurt while at work can turn your life upside down. You may require a long recovery time, and your income can be greatly reduced. Due to less money coming in, and mounting medical bills, you will need skilled legal help to get your life back on track. As experienced workers’ comp lawyers, we understand how difficult a workplace injury can make your life. Indiana’s workers’ compensation system is meant to help people in this situation, but cases can easily become complex and you may unfairly be deprived of the help that you and your family need. GDS Law Group, LLP has helped many injured workers, and we know how to make sure that you get the compensation that you deserve without unnecessary delay.
Workers’ Compensation Is A System That Helps Those Hurt While On The Job
Indiana’s workers’ comp law requires most employers to have insurance that can cover their employees if they are hurt while at work. This coverage is meant to be there for any type of injury that is sustained in the normal course of employment. For example, if you are a plumber and you’re hurt in a car accident while driving to pick up more equipment while on the job, you should be covered by worker’ comp. Unlike other types of injury claims, your workers’ compensation process will consist of an application to the Indiana Workers’ Compensation Board who will review your report and administer the details of your case.
The workers’ compensation process is different than other personal injury actions. Workers’ compensation is a no-fault system, and therefore, you only have to prove that you were injured while on the job. You do not need to prove who was at fault for you injuries. Additionally, you are generally unable to seek a separate claim against your employer or coworkers for the same injury that is the basis of your workers’ comp action. Several important things to note about Indiana’s workers’ compensation system include:
- It does not cover certain employees, such as independent contractors or railroad workers who are covered under federal law.
- Indiana does not exclude domestic workers as is common in many other states.
- These claims do not allow you to recover for pain and suffering or emotional distress.
Benefits That Can Be Received Under Workers’ Compensation
The objective of the workers’ compensation system is to make injured workers whole again. This means that a workers’ comp action can recover much more than financial assistance for medical bills and lost wages. However, you can only recover for “economic damages” which are losses that can be given a specific dollar amount. The system will not let you seek compensation for incalculable things such as loss of companionship. With the help of an experienced workers’ compensation attorney, you can recover financial assistance to help you with:
- Medical bills
- Lost wages
- Prescriptions and prosthetics
- Mileage incurred due to medical appointments
- Temporary disability payments
- Permanent disability award
Temporary And Permanent Compensation Benefits
As you proceed with your life after a workplace injury, your earning capacity may be greatly reduced. The Indiana workers’ compensation system allows for you receive recurring benefits according to a specific and highly detailed process. When determining what you should receive, the board will consider the severity of your injuries and what it considers to be your ability to earn a living. For this reason it is important to have a skilled work comp attorney making sure that you recover sufficient payments to help you through this difficult time. The various types of benefits that you may receive include:
- Temporary total disability (TTD) – Payments for the time that you are unable to work as you heal. This will be two-thirds of you average weekly wages, capped at $780 per week and for a maximum of 500 weeks.
- Temporary partial disability (TPD) – This is if you are able to return to limited or part-time work during your recovery, but do not earn as much before your accident. Here you will be able to receive two-thirds of the difference in pay that you are receiving compared to before your accident, and this is available for a maximum of 300 weeks.
- Permanent total disability (PTD) – If found to be completely unable to return to work or find comparable employment, a payment of 500 weeks of disability pay can be recovered. It’s possible for this to be awarded in a lump sum.
- Permanent partial disability (PPD) – A financial award will be determined based on an impairment rating assigned by your doctor. This follows a complex schedule that rates degrees of impairment for different body parts and identifies a dollar amount for each degree.
What To Do If You Are Hurt At Work
The Indiana work comp process can be complex and slightly overwhelming for anyone who is hurt on the job. A skilled workers’ comp attorney will understand how to help you through the entire process, and make sure that you recover every dollar that is necessary given your injury and ability to earn a living going forward. However, there are numerous things that you should do in order to make this difficult situation as easy as possible. Be sure to do the following if hurt while on the job:
- Report your injury to your employer as soon as possible (complete a First Report of Injury (FROI) form)
- Call your workers’ compensation lawyer at your first convenience
- Do not avoid your doctor visits, and be sure to inform your medical professional of every detail regarding your workplace injury
- While Indiana law does allow your employer’s insurance provider to select your doctor, be sure to report to your lawyer if they are repeatedly changing your doctor or selecting a doctor who is very difficult for you to visit.
- Do not continue any work that may be beyond what your doctor defines as your physical work restrictions.
- Consult carefully with your lawyer to make sure that your average wages as defined in your workers’ comp case are accurate.
GDS Law Group, LLP Can Help If You Have Been Hurt On The Job
Indiana’s workers’ compensation system can allow for you to receive financial benefits without much delay after you have been hurt at work. Unfortunately, the process can be complex, and it’s possible for victims to not receive all of the money that they deserve. The experienced workers’ comp lawyers at GDS Law Group, LLP have helped many injured workers and their families during this difficult time, and we know how to help you through every step of this process.