Indiana Attorney Laws by aim22165

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									Indiana Workers’ Compensation Attorney
I was injured at work—can I file a lawsuit?
  The Indiana Workers' Comp Act—no fault laws
     What if the accident was my employer or co-workers'
     fault—can sue?

     What if the accident was due to a dangerous machine or
     another company—third party claims?
     My boss/co-worker intentionally hurt me—can I sue?
     I told my boss that machine was dangerous before
     my accident.
     My employer says I cannot get workers' comp
     because the accident was my fault—
     what now?
What must I do now that I’ve been
injured?
  Report the injury immediately.

  Tell the doctor you were injured at work
     Make sure the initial doctor notes that you
     were injured at work.

  If not an emergency, ask your employer to send
  you to the “company doctor”.
     The IWCA allows your employer to select the doctor.
     Your employer, as a general rule, does not
     have to pay for your doctor.
What must I do now that I’ve been
injured? Continued
  What if an emergency exists and I cannot wait?
     Go to the hospital.
     Care provided in an emergency must be paid for
     by your employer.

  What if I do not like the company doctor?
     You have the right to see your own doctor,
     but at your own expense.
     If you have a “good cause” for going to your doctor,
     your employer might have to pay.
What must I do now that I’ve been
injured? Continued
  What if I disagree with the company doctor?
     Request an independent medical exam.
     Hire your own doctor.
How do I know if I have a workers' comp
claim?
  Did the accident happen at work?

  Did the accident arise out of your job?

  Did the accident take place in the course of
  employment?

  Aggravation of pre-existing medical conditions.
What if I have an injury that simply
worsens due to the day-to-day duties of
my job?
  Was the injury caused by your job duties?

  Was the injury unexpected?

  Don’t wait too long to file the claim.
What will workers' compensation
pay me?
  100% of the medical treatment.

  66 2/3% of your wages, up to a cap
     What if I had another job on the date of accident?
     Wages will be paid until the first of
         MMI
         Light duty offered
         Non-compliance
         Wages will stop without warning.

  Temporary partial disability
What will workers' compensation pay
me? Continued
  Permanent partial impairment
  Future medical treatment
  Permanent total disability
  Second injury fund
  Prosthetic devices
  Mileage
How long does the workers' comp carrier
have to pay me?
  Wages should be paid within 14 days.

  An investigation may take up to 30 days
     Recorded Statements
     Signing medical authorization

  An extra 29 day extension if trouble obtaining
  medical records (59 days total)
How long do I have to request workers'
compensation benefits?
  Report the claim immediately

  Statute of limitations
     Physical injuries
     Repetitive injuries
     Work related exposures

  How do I prevent losing my case because of the
  statue of limitation?
I have been asked to work light duty—I
am in too much pain.
  If the “company doctor” approves the position, you
  should try to work.

  If you try and cannot, tell the company doctor and
  see if your restrictions can be changed.

  Otherwise, you must decide whether to
  “tough it out” and work or stay home.
     Communicate your decision to your employer
     If you decide not to work, consider the
     FMLA to protect your job
I have been asked to work light duty—I
am in too much pain. Continued
  The company doctor will not allow you to
  work if your job will cause more damage.

  If your employer is not following the medical
  restrictions, tell your supervisor, the doctor
  and the workers' comp adjuster.
I was offered a settlement—what should
I do?
  Contact an attorney for advice.

  Is the settlement offer fair?
  Depends on many factors.
     Reasonableness of PPI
     PTD?
     All benefits paid to date?
     Future medical needs?
     1043 settlement vs. full and final
My claim was denied—what do I do?
  Contact an attorney for advice.

  Your employer will have an attorney

  File an application for adjustment of claim

  Difficult to represent yourself because your
  opponent will be an experienced attorney
Can I be fired?
  Check with your union.

  At-will state

  No retaliation allowed.

  Americans with Disabilities Act

  Family and Medical Leave Act
A union member is injured at work—what
happens now?
  The Indiana Workers' Comp Act—
  no fault laws

  Can the member sue the employer
  for the accident?
     Negligence
     Gross negligence
     Intentional injuries
A union member is injured at work—what
happens now? Continued
  Can the member sue anyone/any company
  for the injuries—third party claims?
     Product liability claims
     Fault of employee of other company
     Fault of owner/management of other company

  What if the employer knew a machine was
  dangerous and then the employee is injured—
  intentional injuries?
The member’s responsibilities after the
accident?
  Report the injury immediately

  Medical treatment
     Employer picks the medical providers
     Emergencies.
     The member does not like the doctor?
     The member disagrees with the doctor?
     Independent medical exams
     “Good cause” to seek own doctor.
Will workers' compensation cover the
accident?
  Was there an accident at work?

  Did the accident arise out of the job?

  Did the accident take place in the course of
  employment?

  What about aggravations of pre-existing medical
  conditions?
Repetitive injuries?
  Was the injury caused by the member’s
  job duties?

  Was the injury unexpected?

  Remember the time limit for filing.
Benefits available under the Indiana
Workers' Comp Act?
  100% of the medical treatment.

  66 2/3% of wages, up to a cap.
     Wages paid for other employment?

  Temporary partial disability
  Permanent partial impairment.
  Future medical treatment.
  Permanent total disability
Benefits available under the Indiana
Workers' Comp Act? Continued
  Second injury fund
  Prosthetic devices
  Mileage
Time limitations to pay benefits
  Wages should be paid within 14 days.

  An investigation may take up to 30 days
     Recorded statements
     Signing medical authorizations

  An extra 29 day extension if trouble
  obtaining medical records
  (59 days total)
Time limitations for filing for workers'
compensation benefits
  Report the claim immediately

  Statute of limitations
     Physical injuries
     Repetitive injuries
     Work related exposures
Settlements—should the member accept
the offer?
  Contact and attorney for advice.

  Is the settlement offer fair? Depends on many
  factors.
     Reasonableness of PPI
     PTD?
     All benefits paid to date?
     Future medical needs?
     1043 settlement vs. full and final

								
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