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!