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.
Many Hispanics working physical labor jobs face dangerous work conditions. Unfortunately, Hispanics and many other workers sacrifice their safety in hopes of keeping their jobs for income. Attorney Jim Browne and his Legalmente Hablando Indy legal team work daily with injured workers. Often attorney Browne must request work accident reports from the Indian Occupational Safety and Hazard Administration (IOSHA). These reports describe investigation results after work injuries occur. Of course, Legalmente Hablando Indy prefers nobody gets hurt and workers enjoy safe conditions. So here are a couple options Hispanic laborers can use to prevent accidents.
IOSHA offers workers a way to privately request help enforcing safety standards in the work place. https://www.in.gov/dol/iosha/iosha-home/ IOSHA’s inspection may result in warnings or fines. But it will certainly help identify hazards and develop safety plans to reduce the risk of worker injury.
IOSHA offers two ways to file safety complaints. First, you may file a formal complaint. A formal complaint is made by a current employee or their representative. Formal complaints are assigned to a Compliance Officer for inspection, and they must meet the following requirements:
Asserts that an imminent danger, a violation of the IOSH Act or a violation of an IOSHA standard exposing employees to physical harm exists in the workplace;
Is submitted in writing; and
Is signed by at least one current employee or employee representative.
Another reporting option includes a “non-formal complaint.” Using this reporting keeps your identity anonymous. Your employer and co-workers do not learn that you or your representative made a safety complaint. A non-formal complaint does cause IOSHA to investigate the workplace for hazards complained of in the report. You may use this link to find the report in Spanish: https://www.osha.gov/form/osha7/espanol
Slip and trip injuries are the most common problems in work sites. Many of our Legalmente Hablando Indy clients suffer broken ankles, wrists and twisted knees in these accidents. We also represent many clients who have suffered injuries after falling from heights, like roofs, ladders and scaffolds. Since so much velocity and force is involved with these accidents, our clients typically suffered serious closed head injuries, broken bones and tragically, even death.
The demolition industry exposes many of our clients to additional dangers. Typically, our demolition clients are injured when heavy objects, like walls, ceilings or pipes fall onto them. Or they are burned by electric wires and fall from scissor lifts.
Amputations are injuries attorney Browne also focuses on for Indiana Worker’s Compensation claims. The amputation injury involves a special set of regulations for determining benefits. Goodin Abernathy is experienced in fighting for our clients’ best medical and financial recoveries. Contact us for free in person, telephone or video consultations if you, a friend or loved one has suffered a work injury. Jim Browne and his team care about our Hispanic clients work to provide them the best legal service available in Indiana.
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.
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!
Video Surveillance & Indiana Worker’s Compensation Cases
What does the law say about video surveillance in Indiana Worker’s Compensation cases? Glad you asked – because the Goodin Abernathy LLP law firm handles those claims.
This video of a man, who seemingly fakes a fall and injury, is making the internet rounds.
The video shows a man create his own water hazard and intentionally fall in it. When it comes to liability, Indiana’s worker’s compensation law favors workers – but this claim would probably “fall flat” in court.
So let’s look at two main points raised by the video:
1) How is liability handled in an Indiana Worker’s Compensation (“work comp”) claim?
2) Can the employer use video evidence?
A good part about Indiana’s work comp law is that an employer must accept a claim for accident and injury if an employee is hurt on the job. The employer cannot avoid responsibility and argue the employee is at fault for doing something wrong to cause the accident. This is a big difference from Indiana’s negligence law, where private individuals or businesses are suing each other. In a negligence case, a defendant can argue the plaintiff was more liable or “at fault” for causing the accident. If they prove it, the plaintiff can lose their whole case.
But not in an Indiana Worker’s Compensation case. As long as the accident occurred at work or in the scope of the employment, the employer must cover the claim.
There are a few exceptions. If the worker: intentionally caused the injury (watch that video again); was injured doing something criminal; or was under the influence of alcohol, drugs or intoxicants – then an employer can try to deny the claim.
On numerous occasions, we have represented injured clients against their employer’s intoxication defense. Usually these situations involve chemical test results showing traces of medicine, drugs or alcohol in the employee’s system. The employer must show, at the time of the accident, the intoxicants impaired the worker’s physical and mental abilities. That’s when you turn to the actual levels of intoxicants in the blood stream.
What if the worker consumed the substance days before the incident. While we do not condone it, what if the worker smoked marijuana the weekend before their accident? Calculations can be made to determine whether the substance actually affected the employee when the accident occurred. In some very serious injuries, that we won, we’ve proven our clients were not under the influence of drugs – even though traces showed up in their system.
Finally, YES, videos can be used in court. One reason could be for liability issues like the video that started this blog. Another reason could be to question our client’s credibility in a case where they claim permanent physical disability prevents them from working. An employer or its insurance company may have surveillance done, where a private investigator secretly follows the worker around, taking video of regular activities like driving, carrying groceries, fishing or cutting their lawn.
The Goodin Abernathy attorneys are very familiar with handling this evidence and give clients advice on how to conduct themselves, what to watch for and how to counter punch the private investigator’s assertions.
Indiana’s work comp law is well intentioned. It is designed with the thought an injured worker can represent herself in court without an attorney. But remember this: employers use sophisticated, trained insurance companies to defend the claims. Those insurance companies make money collecting premiums – not paying money towards injury claims. That’s why you should contact Goodin Abernathy LLP for advice on how to handle your Indiana Worker’s Compensation claim.
