An injured worker potentially has two legal claims to recover damages. First, they have an Indiana Worker’s Compensation claim against their employer. Second, they may be able to collect from a responsible third-party.
Each state has its own work injury laws. Indiana’s system starts with making a claim through a government agency – the Worker’s Compensation Board. This agency operates very similar to a court. Papers are filed, attorneys are used and hearing members make decisions like judges. This link takes you to the main page for the Indiana Worker’s Compensation Board website. https://www.in.gov/wcb/ Go to the bottom of the page and look for a translation button. You can change it from English to Spanish, if necessary.
Another easy way to learn about Indiana’s worker’s compensation laws is to watch my YouTube videos. Search for Legalmente Hablando Indy or Goodin Abernathy LLP on the YouTube website. Here is an introduction video Jim Browne recorded that covers worker’s compensation. https://www.youtube.com/watch?v=uHV1TB21TZ4 You will learn that work injury claims allow employees to claim these benefits: medical costs, lost wages and a permanent partial impairment rating. The medical costs include charges for an ambulance, hospital, doctors, nurses, physical therapy, medicine, x-rays or MRI’s.
If a treating doctor orders an employee not to work for medical reasons related to the injury, the employer must pay for lost wages or salary. This is called Total Temporary Disability (“TTD”). The worker is paid 66.66% of her regular pay. But tax is not applied to the money. So if the worker usually earns $100.00 per week, then the employer owes $66.66 for each week the employee is unable to work.
Finally, if the injury is serious, the worker may claim a Permanent Partial Impairment. This idea is to compensate workers for physical and work problems they will suffer in the future. The State of Indiana created a list of dollar values for these injuries that limit a worker’s recovery. I can usually help improve the financial recovery for my clients.
Indiana requires employers to carry worker’s compensation insurance. If a worker is injured on the job, the employer’s insurance will cover these costs. If the employer does not have insurance, the law allows the injured worker to make claims against the contractor who hired the employer for the job. Frequently I help clients step up the ladder and find insurance to collect from.
If a person or company, other than the employer or a co-worker, causes a worker injury, then we can make a “third-party” claim for negligence. Negligence law is different from the worker’s compensation claim. Those cases are opened in a typical court with judges. A big difference between the two cases involves damages for pain and suffering. An injured worker can claim damage for pain and suffering in a negligence claim – but not in an Indiana Worker’s Compensation claim.
We are experienced handling various types of third-party negligence claims. Sometimes they are against construction companies where the general contractor has a legal, contractual duty to provide safety for workers on the job. We have handled claims where workers for other companies cause an accident. For instance, an electrician was on a scissor lift. A plumber drove a fork lift over the lift’s electric cord, pulled the it over and caused our client to fall 20 feet. Or, we have clients who were driving a vehicle for their job when another car caused them a wreck.
Remember, insurance companies are in business to make money- not pay it out. They are professional and know the law. That is why you should call me for legal advice. I give free consultations to review these cases with clients. I explain the law for your specific evidence and describe how I charge for my service. You will meet with me in person, speak Spanish and review the case. My staff speaks Spanish and knows about these cases Don’t wait – contact us now!
According to recent statistics, 4 in every 100 people suffer from workplace accidents or fatalities in Indiana. Most of these accidents and fatalities are preventable and could’ve been avoided if the employers or business owners were careful with jobsite safety and security. Businesses are required by law to comply with OSHA standards on their jobsites but it’s difficult to keep track of all sites, so some slip through the radar. The authorities recognize this gap and insist that all businesses have work comp insurance.
The Worker’s Compensation Act
If you’re injured on the job or if your loved one has died as a result of a workplace accident, you are entitled to compensation and work injury benefits from the company. The right is covered by the Worker’s Compensation Act, which mandates that all employers have insurance to cover their liability in such cases. Some employers can get special permission to pay claims from their own funds, but most will use insurance. Such cases are presented to the Worker’s Compensation Board. They decide on the compensation amount and whether there’s liability on the employer’s apart. Employers can face a lot of consequences and penalties if they don’t carry work comp insurance or provide work injury benefits to their employees. These consequences include:
- An order to cease doing business. The employer will have to arrange for comprehensive work comp insurance if they want to work in Indiana once again.
- The court will ask the employer to provide proof of financial ability to ensure they can pay any claims, deposit a security, or take an indemnity, or bond to secure compensation for all injuries or fatalities caused during the period without insurance coverage
- The employer is also considered to have committed a Class A infraction. They can be persecuted by the injured party if they can’t provide adequate compensation when needed.
As you can see, there are some protections in place to protect the interests of the employees and workers.
The Work Injury Benefits
The act covers personal injury or death claims that arise out of and during the course of employment. The compensation provides a limited number of benefits to the injured party and these include:
- Medical treatment
- Compensation for lost wages
- Compensation for any disabilities due complete loss or loss in function of a part of your body
These are the only compensations the act provides for – temporary injuries and minor disabilities. However, permanent injuries and total disabilities are a different matter because they can impact your ability to earn more income in the future. If your ability to earn a living and lead a productive life is compromised, the compensation amount and ruling will reflect that.
The employer is liable if the accident occurs as a consequence of the job and is due to errors or negligence by the employer to provide safety gear and systems. Here’s a list of injuries that might be covered by the work injury benefits law:
- Intentional Injuries – These injuries, when caused directly by the employer and owner of business, aren’t covered by work comp. You can file a civil suit to gain compensation. However, deliberate harm caused by managers, foremen, or supervisors are covered by worker’s compensation.
- Repetitive Trauma – Any trauma or bodily harm caused as the consequence of doing the job is compensable. For example, you can get compensation if you develop carpel tunnel syndrome as a consequence of the job.
- Parking Lot – Injuries and accidents caused by poorly maintained parking lots are also covered by workers compensation.
- Heart Attack – This is covered if the injured party can prove that their job or workspace environment triggered the heart attack.
- Injuries Caused in Ingress and Egress Routes – If you get injured when you enter or exit the employer’s property, you are eligible for compensation because you were on your way to work when the accident happened.
- Heat and Sun Related Injuries – This is common in outdoor jobs like construction, door-to-door sales, etc. If you have heat stroke, sunstroke, or heat prostration and can provide it could’ve been avoidable, you will earn compensation.
- Psychological Trauma – Psychological trauma caused by the job or at the workplace is also considered compensable. This can be due to stress, poor workplace environment, bullying and threatening at the workplace, etc.
What Steps Should You Take When You Experience Workplace Injuries?
Your actions immediately after the injury can compromise your case if you’re not careful. Here’s what you need to do immediately after you’re injured:
- Get medical assistance without delay. This should be your first step because delays can worsen the injuries.
- Contact your employer and inform them of the injury as soon as you can. The more you delay, the more you compromise your case.
- File an injury or accident report when you’re able.
- Call a work injury benefits lawyer immediately.
- Don’t sign any legal document your employer provides without consulting with your lawyer.
Why Do You Need a Lawyer?
A lawyer will protect your interests and make sure you’re not pressured into compromising on the compensation. Here’s what a lawyer will do to help you:
- They’ll consider all the information you provide carefully and offer unbiased advice on compensation, liability, and your chances of winning a case against the employer if it goes to court.
- They’ll collect evidence, witness statements, and other such information to make sure the case is rock solid.
- Lawyers will also help if you there’s a fatality involved. They’ll ensure dependents of the victim are adequately compensated.
- Lawyers will shield you from the insurance company’s or your employer’s legal team. They can use pressure tactics in order to reduce the compensation amount.
Most work injury-related cases are settled outside court after thorough negotiations between both parties. They agree to a specific amount that covers expenses and compensates for the suffering caused by the incident. Some cases go to court because the parties can’t settle for a reasonable amount.
If you have questions, contact our office for a free consultation.
Typically the first piece of an injured worker’s claim involves worker’s compensation benefits. But Goodin Abernathy LLP’s experience handling construction accident cases provides clients with an in-depth review of all potential construction law claims. Our firm is experienced with the Indiana laws controlling how and when construction negligence claims are filed.
Perhaps the general contractor, construction manager, or property owner failed to provide safe working conditions or sufficient safety training. Maybe a worker from another company at the job site caused an accident. Perhaps a defective piece of machinery was to blame. Goodin Abernathy is experienced helping clients who have suffered finger, hand, and arm amputations; suffered broken bones and fractured backs falling from scaffoldings, buildings, and ladders; or been crushed by forklifts and heavy equipment.
Our attorneys evaluate Indiana’s OSHA regulations and construction safety guidelines to prosecute accident cases. We will hire construction industry experts, investigate the work site, and collect evidence to aggressively represent our clients. If you, a friend, or loved one was injured in a construction accident, contact the injury lawyers at Goodin Abernathy for a free consultation. Goodin Abernathy LLP understands the impact work injuries have on laborers and their families. We will fight for those injured workers and their families, claiming all benefits and damages available under the law.
Amputation Injuries at Work
During a legal seminar I attended last week, an Indiana Occupational Safety and Hazards Agency (“IOSHA”) representative presented information covering work place injuries. The representative explained that since March 2015, new reporting and investigation regulations require IOSHA to investigate amputation injuries across the state. The presenter was clearly surprised how many work place amputations occur every day. This safety initiative is designed to investigate problems, enforce safety codes and prevent ongoing hazards for Indiana workers.
FAQ for IOSHA Regarding Amputations
Amputations and Worker’s Compensation
The Goodin Abernathy LLP lawyers are not surprised by these findings because we frequently help clients who have suffered amputated fingers, hands and arms. Many of our clients need help understanding what Indiana worker’s compensation benefits are available for their damages. These benefits include lost wages from time off work (TTD or PTD), payment of medical bills, physical therapy and psychological counseling, or payments for their impairment due to permanent physical disfigurement (PPI).
The Indiana Worker’s Compensation Board uses a table to calculate the money owed for amputation PPI ratings. http://www.in.gov/wcb/index.htm What injured workers need to know is that employers and their insurance companies are obligated to address impairment ratings – but many times the workers are not told of these benefits. Also, the calculations and settlement offers insurance companies make do not always match the reasonable or fair value of a PPI rating: especially in amputation cases.
GA’s Indianapolis attorneys understand the medical and therapy plans needed to fully address amputation recoveries. We are also experienced in evaluating the correct PPI calculations for claiming impairment benefits with all types of amputations. Indiana has recognized the pervasive problems of amputation injuries. This article describes the problems and also discusses a case where a worker suffered two amputations, two different times on the same machine! (click here)
If you need help understanding which benefits are available for your recovery from an amputation, call us. If you need help calculating the extent of your amputation injury and the its recognized impairment value, contact us and put our experience to work. Goodin Abernathy LLP will uses its experience, resources (including expert medical review) and legal background to represent you. Don’t get cut short twice with your amputation – call us for legal help.
The Goodin Abernathy LLP attorneys recently helped their Hispanic client, Juan, resolve his construction accident claim for injuries he suffered after falling off concrete forms. Juan was instructed to climb up panels to build a concrete column for a parking garage. However the forms were not designed for climbing and this created a dangerous condition on his job site. Juan was not provided with adequate safety equipment to do his job. Our attorneys investigated the accident, interviewed witnesses and researched safety guidelines to present Juan’s case. The Goodin Abernathy attorneys fought for and collected money for Juan’s construction accident injuries in both a negligence case and an Indiana Worker’s Compensation claim.
Often construction companies fail to develop safety plans for construction projects. They fail to provide their workers with adequate safety equipment and push for workers to get jobs done despite serious hazards. Construction safety studies show that about one-third of the fatal falls in construction were from roofs, 18% were from scaffolding or staging, 16% were from ladders, and 8% were from girders or structural steel. The other 25% of fatal falls includes falls through existing floor openings, non moving vehicles and lifts. The Goodin Abernathy LLP attorneys frequently help clients who have suffered serious physical injuries after falling off roofs, scaffolding, dangerous ladders, framing jobs and from masonry or concrete projects. Our experienced Spanish speaking attorneys handle both the worker’s compensation and negligence claims to seek maximum financial recovery for our clients.
The Occupational Safety and Health Administration (“OSHA”) and the Centers for Disease Control and Prevention (“CDC”) publish guidelines and instructions for preventing falls on job sites. This instruction guide by OSHA provides great details and tips for job safety. https://www.osha.gov/dte/outreach/construction/focus_four/falls/falls_ig.pdf
If you or someone you know have suffered serious personal injuries, contact the attorneys at Goodin Abernathy LLP. We are committed to explaining the legal process for protecting your rights and recovering money for your damages. Indiana has two systems available for presenting your legal claims. Regardless of your immigration status, our attorneys explain what you can claim for help with lost income, medical bills, pain and disability. Contact us today for a free consultation in English or Spanish.