Indiana Workers' Compensation
A workplace injury can leave you with questions about medical treatment, lost wages, and your legal rights. Understanding the workers' compensation process is critical to protecting your benefits and obtaining the medical care and financial support you need during your recovery.
If you are seeking compensation after suffering an injury at work, please contact a Jeffersonville workers' compensation lawyer online today to schedule a free consultation.
Frequently Asked Questions About Workers' Compensation
What should I do if I get injured on the job?
You must notify your employer of the injury. You should also tell your employer if you need medical attention. You may also have to notify Indiana's industrial commission. Under Indiana workers' compensation law, your employer and/or its insurance carrier can choose the physician to attend to you. A workers' compensation lawyer can help you understand the process and your rights in Indiana and also can help you file your claim. Prompt reporting helps protect your right to workers' compensation benefits and allows your employer to begin the claims process.
You should also:
- Seek necessary medical attention
- Inform your employer if you require medical treatment
- Follow your employer's reporting procedures
- Keep records related to your injury and treatment
In Indiana, employers and their workers' compensation insurance carriers generally have the right to select the authorized treating physician. Understanding your rights and obligations can be confusing, and an experienced workers' compensation attorney can help guide you through the process.
How can I jeopardize my benefits?
Your claim may be denied if you fail to report injuries promptly or fail to cooperate with your employer and authorized treating physician regarding medical evaluations, treatment, rehabilitation services and claim investigation. Your claim can also be denied if you refuse to return to suitable employment. Some other reasons for denial of claims include submittal of fraudulent information, refusal to take a drug test and refusal to submit to a medical examination by the authorized treating physician, at reasonable times. Every case is different, and obtaining legal advice early can help avoid common mistakes.
Under what circumstances could I be denied workers' compensation benefits as a result of an on-the-job injury?
Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs or the misuse of controlled substances.
Am I barred from recovery if I was at fault?
No. Workers' compensation is generally a no-fault system. In most cases, injured workers may receive benefits regardless of who caused the workplace accident.
Can I sue anyone else for a work-related injury?
Possibly. This is called a third-party suit. If your injury was caused by the negligence of a third party other than another person who is also an employee of the company for which you work, you may have a right to sue that party.
Examples of potential third-party claims include injuries caused by:
- Negligent drivers
- Defective equipment or machinery
- Contractors or subcontractors
- Property owners
- Manufacturers of unsafe products
Third-party claims may provide compensation beyond what is available through workers' compensation benefits alone.
What is no-fault workers' compensation?
Some states have no-fault insurance programs that give benefits to employees who suffer job-related injury or illness. In such a program, if you are injured on the job, you receive benefits in exchange for agreeing not to pursue civil action against your employer, unless the injury was intentional.
What if my workers' compensation claim is denied?
If your employer and its insurance company deny coverage on the claim, you may file a claim with Indiana's workers' compensation agency. There is a time limitation; all workers' compensation statutes restrict the amount of time you or your dependent has to file a workers' compensation claim, usually between one to three years from the date of injury, depending on the state. If your claim is for a job-related disease, the time limitation period begins when you learn you have the disease.
Can I receive Social Security Disability and workers' compensation?
Yes. However, different programs use different definitions and standards regarding disability, eligibility under one program does not automatically determine eligibility under another.
Is there more than one definition of "disabled"?
Yes, and that is why it is possible to receive both Social Security Disability and workers' compensation. And workers' compensation could determine you are not disabled and Social Security could determine that you are. Further, insurance companies could define disability in other ways.
Attorneys knowledgeable in this complex area of personal injury law can work with you to explain the differences in easy-to-understand language and help you file all appropriate claims to receive the compensation you deserve.
Contact a Southern Indiana Work-Related Injury Lawyer
Please contact us to learn more about your rights and legal options. For a free consultation, call us at 812-590-2213.