Construction sites present active and dangerous areas. Attorney Jim Browne and Goodin Abernathy LLP help injured construction workers prosecute their Indiana injury claims. These cases are typically known as Indiana Workers Compensation claims. Our experienced legal team offers Spanish-speaking service and customized care for each of our clients. If you or a co-worker were injured on a construction site, contact us for a free legal consultation with attorney Browne in Spanish. Your immigration status does not prevent you from making a legal claim in Indiana.
Indiana allows an injured employee to make a civil claim for benefits against their employer after suffering a construction site injury. If you were hurt in the course of your job, you can make a claim no matter how it happened – even if you did something to cause the injury. This claim is controlled by Indiana’s Worker’s Compensation law. Indiana Workers Compensation laws requires employers to offer injured workers with set benefits like medical treatment, payments for time off work and the value of your permanent physical impairment. The insurance companies that defend employers and pay the benefits are trained to save money. You should have an experienced attorney at your side, fighting for the maximum value of your claim. We do not charge a legal fee to represent you unless we collect money for your case. This is called a contingency fee where our legal team charges a percentage of the amount of money we win for your case. Our fees are explained in English and Spanish with written agreements you review with the attorney.
Importantly, Goodin Abernathy also investigates whether you are eligible for making a negligence claim against another responsible party, like a construction manager or general contractor. The law and damages in a negligence case are different than a Workers Compensation claim and you need an experienced litigator for help. Our legal team uses experts, investigates reports and handles the legal research required to make a construction accident negligence claim.
Examples of Indiana Worker’s Compensation and Negligence Cases
CONSTRUCTION –WORKERS COMPENSATION
Juan works for a masonry contractor named Block Inc. While at the Block Inc. offices, he is loading bricks when he falls out of a truck and breaks his ankle. Because he was injured at work and while doing his job, Juan has an Indiana Worker’s compensation claim. The employer owes him medical treatment and payments for time he misses from work. When the doctors say Juan is finished with medical treatment but has a permanent physical restriction, the employer needs to pay him money for the impairment. Juan does not have negligence case because no other person, company or equipment was involved with the accident.
CONSTRUCTION – NEGLIGENCE AND WORKERS COMPENSATION
Juan’s masonry company Block Inc. is working at a new hotel project owned by Hotel Inc. Hotel Inc. hired All Service LLC to be the general contractor. The job of All Service LLC is to hire, contractors and organize the construction job. While Juan is at the construction site, he climbs up on a scaffold to build a wall. On the ground, a carpenter that works for Woodworks Inc. is driving a forklift and accidentally hits the scaffolding. This causes Juan to fall off and suffer an injury. 1) Juan does have a worker’s compensation claim against his Block Inc., his employer. 2) Juan has a negligence claim against Woodworks Inc. for causing his damages. 3) Juan may also have a negligence claim for his damages against the general contractor that was obligated to manage safety and traffic at the construction site.
CONSTRUCTION INJURY- MACHINE MALFUNCTION
Hector is using a new air pistol to drive nails on a framing project in Indiana. The tool explodes from too much air pressure and injures Hector’s hand. Hector has a workers compensation claim against his employer. He may also have a negligence claim against the air pistol manufacturer for a faulty design. This claim depends on the age of the tool, identifying the manufacturer of the tool and evidence it was designed or made negligently. Hector needs the support of Goodin Abernathy to investigate the tool company. Attorney Browne might need to use experts that examine and explain why the tool was negligently made and caused the injury.
STAFFING AGENCY
Maria works for USA Staffing LLC. The staffing company pays her to do work at different companies. USA Staffing LLC assigns her to AAA Factory where she works on a production line. Maria turns to pick up a package off the floor and feels a pop in her back. Though she was injured at the AAA Factory, Maria has a workers compensation claim against USA Staffing LLC for her injury.
EMPLOYER – NO INSURANCE
Marco is a painter who works for a guy named Arnold. Arnold gets jobs from a painting company and pays Marco cash to do the work. Marco falls off a ladder and breaks his arm but discovers Arnold does not have insurance. When employers do not have insurance, the law allows workers to make claims against the contractors or property owners that hired their boss. Attorney Browne helps Marco identify two other potential defendants that might owe him for the same benefits that Arnold owes him.
INJURY IN ANOTHER STATE
German lives in Indiana. He works for a demolition business in Indiana called Demo Inc. that is also located in Indiana. German lives in Indiana and they do most of their work in Indiana. Demo Inc. gets a job in the state of Ohio and takes its crew there. While at the project site in Ohio, a wall falls onto German and injures him. German has a workers compensation claim and can decide whether to make it in the state of Indiana or Ohio. German consults with attorney Browne to learn and choose which state law he wishes to use for making the claim.
Goodin Abernathy offers free, relaxed consultations with attorney Browne. He and his team speak Spanish and understand your needs. You, your family and friends are invited to attend the consultation and learn about the law controlling your injury claim. We take the time to listen and answer your questions.
It is important to contact us immediately before evidence disappears and the insurance company starts telling you what they are going to do with your claim. Let us help you with a legal evaluation, make decisions and tell the insurance company we are representing you. Call us at 317-843-2606 and schedule your appointment today.
Finally, after years of remaining at the same level, the Indiana Worker’s Compensation Board and State of Indiana increased the financial recovery rates an injured worker can claim for their case. www.in.gov/wcb/files/PPIandTTD-benefits2023_1.3_.pdf For injuries that occur on or after July 1, 2023, an injured worker may recover more money for their PPI and TTD benefits. The schedule used by the state increases annually over the next four years. Understanding these rate tables can be complicated. Since every dollar for your work injury case is precious, you should contact Goodin Abernathy for legal help.
Worker’s Compensation Laws
Employees hurt on the job in Indiana are protected by Indiana’s Worker’s Compensation laws. Attorney Jim Browne and Goodin Abernathy regularly help our Hispanic clients navigate the legal process to protect their rights and fight for more benefits. This article highlights main points of the Indiana Worker’s Compensation process.
Each state uses different laws for their worker’s compensation (“work comp”) claims. In Indiana, a work injury is considered a civil law claim. It does not involve criminal or immigration law issues. Something a little different about work comp claims is an agency handles the legal process – not a court of law. The Indiana Worker’s Compensation Board is the agency that tracks and handles these cases. You can learn more about the Board at this website https://www.in.gov/wcb/
An important part about Indiana’s work comp law is that an employer cannot defend a case based on liability or fault. Unlike an auto accident or other typical type of injury claim, it does not matter whether an employee was negligent and did something to cause the accident. As long as the employee was not intoxicated or intended to hurt themself, Indiana requires the employer to offer benefits.
Unfortunately, we often hear that employers threaten immigration reporting or similar problems when their employees are injured. You should not be afraid of immigration issues. Indiana’s work comp law allows any worker to make a claim. Your immigration status does not affect your legal rights and does not involve notifying the U.S. Immigration Customs and Enforcement (“ICE”) agency. Hispanic workers should not be concerned about immigration problems and notify their employer or supervisor immediately if injured on the job. Make sure to report your injury right away because waiting to do so may allow the employer to dispute responsibility.
Preliminarily, a couple legal issues we see affecting work comp claims involve whether the worker was an employee and whether the employer has insurance coverage. Determining whether an injured worker is an employee or independent contractor can be a complicated legal question. Since Indiana law does not require employers to offer independent contractors work comp benefits, let’s review some basic differences between employees and independent contractors.
Signs That Show A Worker Is An Employee
The worker is paid with a company check
Taxes are taken out of their pay checks
Worker does not work at other jobs
Worker does not have her/his own business
Worker uses the employer’s equipment
Worker regularly visits the employer’s place of business
Works the hours and schedule the employer chooses
An Independent Contractor Is Usually Identified When These Circumstances Apply
The worker has her / his own company
They work for various other companies
They do not work for the employer full time
They receive a 1099 tax form from the employer
They do not have taxes withheld from their payments
They use their own vehicles and equipment to perform the work
Worker’s compensation insurance coverage is an important part of the claim. Without insurance coverage, employers usually cannot pay the benefits they owe their injured employees. Many employers are small companies or individuals and choose not to pay for insurance. This is an important reason why you should ask if your employer has worker’s compensation insurance. A legal option that sometimes helps injured workers in these situations is if your employer is performing work for another company or contractor. Typical examples of this arrangement are found in construction and staffing agency arrangements. Indiana’s work comp law allows us to take one step up and make a claim for benefits from the general contractor or staffing agency if the primary employer does not carry insurance.
When an employee is injured on the job, Indiana law requires the employer to offer various benefits. The first and probably most important benefit is for medical treatment. If you visit the doctors, therapists and medical providers the employers offer, they must pay for all your costs. You are not responsible for deductible payments. You are not required to use your own health insurance or take FMLA time. Since your health and well-being are your primary concerns, you may seek medical treatment immediately after your work accident. If your employer or the insurance company deny you treatment, then you should seek legal help immediately. The attorneys at Goodin Abernathy understand the process and will explain your rights.
When a doctor or medical expert says you cannot work due to your injuries, you may claim Temporary Total Disability (“TTD”) payments. Indiana’s work comp law requires employers to pay two – thirds (66.66%) of your regular income while you cannot work. These TTD payments are not reduced for income tax or other typical withholdings. Before the payments start, the doctor must determine that you miss more than seven (7) consecutive days of work. If you miss thirty (30) consecutive days or more, than the employer must go back and pay you for the first 7 days of work that you missed. Sometimes, workers do not miss time off work immediately after their injury. But later, they require surgery or start treatment that keeps them off work. The TTD rules also apply to these subsequent periods of missed work.
When the employer or its insurance company determine that certain benefits should finish, they are required to send you a Termination of Benefits form. The form looks like this www.in.gov/wcb/files/Blank-38911.pdf If you dispute that benefits should stop, it is important to respond to these within seven days of receiving the form. If you fail to respond, then technically the employer may stop sending you the TTD benefits.
The final type of benefits owed to an injured employee involves the Permanent Partial Impairment (“PPI”) value of your injury. Basically, this benefit pays the employee for the future impairment they will suffer from the injury. That is, how will the injury interfere with their work and ability to earn income in the future. Calculating this benefit is complicated. For instance, the doctors and work comp Board uses the AMA Guidelines for reference. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview. To understand it best, you should contact our Legalmente Hablando Indy team for representation. We will examine the medical records, show you how the government calculates the benefits and describe your legal options for maximizing recovery of PPI benefits.
Indiana law controls how attorneys charge for legal services in work comp claims. All attorneys in the state charge the same percentages for contingency fees. Since we charge a contingency fee, that means we collect our fees only when we win and you get paid money for your claim. If we do not collect money, then you do not pay. Our legal fee agreements are explained in both Spanish and English.
If you or a loved one are injured in a workplace accident, contact the Goodin Abernathy legal team. We handle death claims, amputations, orthopedic surgeries, electrocution, burns, explosions, head /brain injuries, spinal column fractures and broken bones. You will find we care about our clients and patiently explain the legal process. Count on us to aggressively represent your claim. Contact us today.
The attorneys at Goodin Abernathy LLP handle Wrongful Death claims – fighting to honor the memory of lost loved ones and supporting their dependents as the law allows. Losing a loved one is catastrophic. The physical and emotional void left by a family member’s death feels insurmountable. These emotions don’t even include the financial toll of losing a family’s bread-winner. Money can’t replace someone we love, but as a practical matter, it’s something families need legal help collecting. In Wrongful Death cases, not only do Goodin Abernathy LLP attorneys know we are legally obligated to pursue the fullest extent of damages under the law – we want to fight for them because we care about our clients.
Indiana law allows family members and dependents to recover money as legal damages when their loved one is killed by another’s negligence. “Damages” is a legal term referring to the compensation – normally a sum of money – provided to a person who suffers harm or loss due to the negligence of another. Negligence causing one’s death is commonly known as a “wrongful death” claim.
Here are some things to consider when deciding what to do after losing a loved one to Wrongful Death.
Wrongful Death is a Civil Claim not a Criminal Claim
Wrongful Death refers to deaths that result from the negligent act of an entity or another person. A negligent act does not always mean a crime was committed. Your loved one’s death need not be the result of an intentional criminal act for you to make a Wrongful Death claim. We are experienced handling cases involving both criminal and negligent (civil) claims. Explaining how the criminal and civil laws work is one of the first things we address with grieving families. It’s natural to ask “Why didn’t that driver, who ran the red light, get sent to jail?” Goodin Abernathy’s attorneys evaluate and explain cases clearly. Sometimes cases do not involve criminal acts and we understand families are stunned the at-fault driver is not going to jail. While being honest with our clients, we are also sympathetic to their loss. No question is a dumb one and no feelings are dismissed by us. We take the time to walk our clients through legal explanations because we want them to understand and be comfortable with the process. As regular people, Goodin Abernathy’s attorneys actually care about our clients – then we use our training and experience to provide them with superior legal services.
Was someone driving erratically, causing an accident that killed your loved one? Did your loved one suffer an accident at work resulting in their death? Besides having an Indiana Worker’s Compensation claim, you may also have a wrongful death claim. There is a big, important difference between the two. Because we’ve handled these situations, we’ll explain how we prosecute both legal claims for our clients’ maximum benefit.
I’m Grieving and Don’t Have the Time or Energy to Pursue Legal Action
Losing a loved one is exhausting. It feels like there is a never-ending number of things to take care of and the last thing most people want to consider is a drawn-out legal battle. We get it- just remember two things: 1) In Indiana, the personal representative of the deceased has two (2) years to make a claim. (IC 34-23-1-1); and 2) the longer you wait to engage legal help means the more likely important evidence is lost. You might not feel like you have the time to juggle a lawsuit and find your way after a loss. (futtrading.co.uk) But trust the idea we want to help, and we will make it as easy as possible to connect and communicate with us. When it comes to the legal issues involved with a claim, it’s our job to do the work so you and your family can move forward at the same time.
What Sort of Damages are Available in a Wrongful Death Case?
Damages may include medical, hospital, funeral and burial expenses. Damages include the loss of someone’s love and affection. Another big category of damages includes lost income or lost earnings. Under Indiana’s Wrongful Death Statute “recovery of emotional damages is allowed for spouses and dependent children; a decedent’s minor children may recover for loss of parental training and guidance as well as for the loss of their parent’s care.” (TRW Vehicle Safety Systems, Inc. v. Moore) “This loss can be determined, in part, from assistance that decedent would have provided through money, services or other marital benefits, but it also includes loss to children of parental training and guidance and loss of love and affection to surviving spouse.” (Southlake Limousine and Coach, Inc. v. Brock)
Wrongful Death cases are complex. The attorneys at Goodin Abernathy LLP are here to help you navigate these difficult times. Unlike a lot of big name advertising firms, our fees are structured for fairness to our clients. Our fees depend on the level of legal work you claim requires. You should not pay one set fee percentage for your case. We will explain how our fee structure works and comfortably answer your questions. Goodin Abernathy LLP gives you the time for decision making – we do not pressure you into signing our fee agreement the first time we meet. In these situations, you deserve an attorney that will walk beside you through the entire process. Contact us, Goodin Abernathy LLP, and see how we set ourselves apart from other attorneys. We know this is an emotional time. Let us help you recoup a sense of security for your family’s future. Call Goodin Abernathy LLP at 317-843-2606 today to schedule your Free Consultation.
Indiana enacted its first Worker’s Compensation Act in 1915 in response to a growing number of workers injured on the job who had no guaranteed means of receiving medical treatment for injuries or wage replacement income during their physical recovery. Prior to enacting its first Worker’s Compensation Act, when an Indiana worker was injured, the worker was permitted to sue their employer in court in an effort to get compensation. However, lawsuits were time consuming, expensive, and frequently left the injured worker in a position where they were unable to obtain medical attention while their lawsuit was working its way through court because time was lost to address arguments from employers that the worker caused the accident or assumed the risk of the accident. The Workers Compensation Act struck a compromise between the competing interests of the worker and the employer and moved to a no-fault based system. In short, and in general, employers were stripped of the ability to claim the worker caused the accident. In exchange for this concession, injured workers were deprived from collecting pain and suffering or loss of enjoyment of life damages.
In today’s Indiana Worker’s Compensation system, this means when a worker is injured “on the clock” when they slip and fall, or are injured in a car accident, or are injured in a construction accident, the worker’s employer is not permitted to claim the worker should have paid more attention to what they were doing when the event occurred. However, some important employer-based fault arguments are still available to employers. For example, pursuant to I.C. 22-3-2-8, employers may raise affirmative defenses that no money is owed because the injury was 1) due to the employee’s knowingly self-inflicted injury, 2) due to intoxication, 3) due to the commission of an offense (not including traffic violations), 4) due to a knowing failure to use a safety appliance, 5) due to a knowing failure to obey a reasonable written or printed safety rule which has been posted in a conspicuous position in the place of work, or 6) due to a knowing failure to perform any statutory duty.
Disagreements often occur when an employer raises one of these defenses, and if left unresolved, a judge is asked to determine whether the employer’s defense is valid at a hearing. Like many areas in law, an exploration into the facts of an individual matter is usually necessary to assess the validity of these types of defenses. For example, just because a worker is intoxicated or impaired at the moment the worker is injured, it does not necessarily mean the employer does not owe compensation. Indeed, there is a difference between a drunk worker being injured when the worker drives a delivery truck off the road compared to a drunk worker performing his work satisfactorily when a co-worker accidentally drops an item from above that strikes and injures the worker.
Similarly, not every failure to use a safety appliance or knowing failure to obey a posted and written safety rule bars a recovery. When an employer allows the alleged prohibited conduct to occur or also engages in the prohibited conduct, the employer will not be able to shield itself from responsibility. As an illustration in an industrial or machine setting, if an employer posts an open and obvious sign that machinery must be shut down before it is cleaned, but observes employees cleaning the machine while it is not shut down, the employer will not be allowed to rely on a fault-type defense.
If you need help navigating a matter involving an injury at work where questions exist as to whether the employer may raise an argument that the worker is at fault for the accident, Goodin Abernathy, LLP can bring experience, knowledge, and resources to bear on the question. Contact us today for a free consultation.
During a legal seminar I attended a couple years ago, 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.
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. https://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.
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!
