Columbus, Indiana Workers’Compensation Lawyer
Workplace injuries can happen to anyone. If you’ve been injured on the job, the help of an experienced Columbus, Indiana workers’ compensation lawyer may make all the difference, no matter the stage of your workers’ compensation can help you in all stages of a claim. Contact our attorneys today to learn about your rights and schedule a consultation.
Thousands of Hoosiers suffer workplace injuries in Indiana every single year. Many of these injuries lead to workers’ compensation claims and, in some cases, disputes between employers and their employees over benefits. What you say and do after you’ve been injured on the job can result in your claim being rejected. Don’t assume your work-related injury will result in a benefits award. At Coriden Glover, we have helped many of our clients resolve disputes over worker’s compensation claims. Just as mistakes happen in the workplace and people become injured, mistakes can be made after a claim is filed. Often initial benefit rejections can be turned around when we get involved, because we can clear up misunderstandings and provide additional information. With the right documentation and expert medical opinion, what may have seemed like an uphill struggle for benefits may become a much easier road to travel.
You need to protect yourself after a workplace injury. Depending on your employer, its insurance company and the facts of your situation, your claim may be fairly and reasonably handled without serious issues. Or your claim may hit a wall of resistance. Your employer and its insurance company may fight you every step of the way. Don’t assume everything will go smoothly and you’ll be treated well. Contact Coriden Glover to learn about workers’ compensation law, your rights and what you should do to give yourself the best chances of getting benefits.
Work Injury Statistics That Impact Workers’ Comp Claims
Remember to take these simple steps after a car accident…
Every seven seconds, a worker is injured on the job in the United States.
Every day, more than 12,000 workers suffer an injury on the job.
More than 100 million hours of productivity are lost every year due to workplace injuries.
The three leading causes of incidents leading to workplace injuries are…
Contact with objects
Slips, trips and falls
Common Workplace Injuries
Workplace injuries come in many forms. Here are just a few of the most serious injuries that a worker may suffer in Indiana. If you are seriously injured in a workplace accident, you may need long-term medical care and rehabilitation, suffer a permanent disability and be out of work for an extended period of time. In these circumstances, getting workers’ compensation benefits may be critical for you and your family.
Electrocutions are one of the Occupational Safety and Health Administration’s “Fatal Four” causes of workplace deaths. Electrocutions can cause serious burns, internal damage and death. In the workplace they are most often caused by failure to provide adequate protection to employees, malfunctioning equipment or carelessness of other workers.
Traumatic Brain Injury
According to a study from the National Institute of Health, the three industries with the most TBIs were construction, transportation and agriculture/forestry/fishing. The Brain Injury Institute said that around 20 percent of all workplace TBIs were the result of falls on slick, uneven or cluttered surfaces.
Serious injuries at work to the brain and spinal cord can result in paralysis. These injuries have a huge impact on quality of life and can cost millions of dollars over a lifetime of care. Worker’s compensation benefits can assist with the long-term care needs of injured workers. Contact us to explore Indiana’s worker’s comp benefits.
Loss of Limbs/Amputation
Loss of limbs and amputations in the workplace often occur in industries that use heavy equipment. Because of the hazards associated with operating heavy machinery, many workplace amputations happen in industries like manufacturing, construction and other high-risk work environments.
Lower Back/Spinal Cord Injuries
Spinal cord injuries can lead to permanent disability, paralysis and death. When injuries occur in the lower back, they can also involve the spinal cord damage, herniated discs and ruptured discs. Spine and back injuries can be caused by falls, equipment malfunctions, on-the-job vehicle accidents, falling inventory, et al. If you or a family member has suffered one of these injuries, or another serious workplace injury, it’s important to protect your legal rights and your family’s financial well-being. Contact Coriden Glover today.
The appeals process is more complicated than an initial claim.
Ask Our Workers’ Comp Lawyers What the Appeals Process Looks Like
Because there is a dispute between an employer and employee, or an insurance company and the employee, there is often a need to build a convincing case that clearly shows the causes and extent of an injury. If the parties can’t work out their differences after the initial claim is filed, it may be resolved with the help of mediation through the Worker’s Compensation Board. If that can’t be achieved, there can be a hearing before a board member, and that outcome can be appealed to the full board. That decision could be appealed to the Indiana appellate and supreme courts. To help you through this process, speak to a workers’ compensation lawyer in Columbus, Indiana at the Coriden Glover law firm.
How Much Money Is Paid in an Indiana Workers’ Compensation Claim?
Payment in workers’ compensation typically includes two-thirds of a worker’s wages if they are unable to work, in addition to all medical expenses related to the injury, including hospital bills, prescription drug costs, rehabilitation and repayment for costs of travel to and from medical facilities.
There are several factors that might determine how much an employee will receive. For example, if an employee is still able to work, they might be given a role that doesn’t require the same physical demands as the role they had prior to their injury. If that new role means less pay, they can still be paid partial benefits.
What Makes a Good Workers’ Compensation Attorney?
The right attorney for you is the one you trust with your workers’ compensation claim. One you feel confident in and comfortable working with. You know this attorney is working to help you and will make sure you get the best outcome possible. He or she …
• Knows Indiana’s workers’ compensation laws inside and out
• Will fiercely advocate for you
• Will provide aggressive legal representation
• Has a track record of success
• Has encountered many different types of cases so there is little chance of being surprised if something unusual comes up
• Will answer your questions and provide you with guidance
• Will provide excellent, timely, personal service
• Will treat you with honesty and respect
• Will act professionally at all times.
The workers’ compensation attorneys at Coriden Glover have represented thousands of clients in workers’ compensation claims, from initial filings to appeals at the Supreme Court of Indiana. We’ve helped thousands of others with their claims, and we can help you, too.
Does an Injury Qualify for a Workers’ Compensation Claim in Indiana?
When a worker is injured on the job, they are entitled to workers’ compensation benefits if…
They are employed by a business that carries workers’ compensation insurance.
Their injuries weren’t caused by their own misconduct, such as drug use or alcohol impairment.
The injury occurred while the employee was doing their job or was on the clock.
This last point comes with many exceptions and depends on the nature of the work. For example, if a worker is required to travel for their job, they might be injured in a vehicle crash and still be entitled to workers’ compensation benefits.
Workers’ compensation not only covers traumatic injuries due to accidents, but it also covers industrial illnesses. They may be caused by repetitive motions or exposure to dangerous and toxic conditions, chemicals, particles and dusts. It may take years for these illnesses to develop, but they are still compensable.
What Should Workers Do after Being Injured on the Job in Indiana?
If you’ve been injured on the job, you should…
Remain calm. If others are around you, tell them you’ve been hurt and warn them if you think what injured you may injure others. Notify your supervisor as soon as possible, preferably in writing. It’s very important to put your employer on notice of your injury. Otherwise they may claim your injury was not work-related.
Seek immediate medical treatment. Your employer may have a designated clinic or hospital for employees to use. If you feel you need it, ask for an ambulance to take you to the hospital.
Keep copies of everything related to the injury in the hours, days and weeks that follow. This includes your symptoms, what your physicians and physical or occupational therapists are telling you, the medications you’re taking, how the injury is impairing your life and any communications with your employer or its insurance carrier.
Contact a Columbus, Indiana workers’ compensation lawyer if there is a dispute with the employer or insurance company. You have legal rights and responsibilities, and they do, too. You may be doing or saying things that are harming your interests without realizing it. They may be more cooperative if they obtain information or medical records that make a stronger case for your claim. They may also be breaking the law and trying to take advantage of your ignorance of the workers’ compensation system and the fact that you don’t have legal representation.
The Importance of Seeking Medical Treatment after a Workplace Injury
Workers who have been injured in an on-the-job accident need to seek immediate medical treatment. It’s vital that workers look after their health and avoid the possibility of worsening an injury. Seeking medical treatment also ensures that an injury is documented by a professional. This visit will be central to a workers’ compensation claim, if one is needed.
Featured Article: Overview of Indiana Worker’s Compensation Laws
The attorneys at Coriden Glover have represented many clients in these disputes, and we will fight for you to ensure that your best interests are being represented. While worker’s compensation laws in Indiana can get complex, there are a few key things that you need to know. READ ARTICLE
Indiana Workers’ Compensation State Laws
To learn more about the specifics of Indiana’s laws, call the workers’ compensation attorneys at Coriden Glover or visit the Worker’s Compensation Board of Indiana.
Indiana’s workers’ compensation requirements are similar to those in other states. Most employers are required to carry workers’ compensation insurance. Employees are covered from the first day on the job. Workers are entitled to compensation for medical bills and lost wages, if applicable.
What Are Employees’ Obligations after Suffering a Workplace Injury?
Workers’ compensation covers employees from the first day on the job. Aside from instances of employee misconduct, an employee is entitled to compensation if their injury was suffered on the job. However, to make sure the process goes smoothly, it is important that an employee notify their employer of the incident that led to the injury as soon as possible. It is also important for an injured worker to seek medical treatment immediately.
What if an Employer Doesn’t Have Coverage?
If an employer doesn’t have workers’ compensation coverage, they are more vulnerable to injury-related lawsuits from workers. Workers might opt to file a personal injury claim to receive compensation for their injuries.
If an employer denies coverage because they claim a worker is a contractor and not an employee, then the worker might seek to prove that have been misclassified and, thus, are entitled to benefits.
Are Employees Protected Against Retaliation?
Workers fired or forced out of their jobs by an Indiana employer because they filed for or received workers’ compensation benefits may be able to sue their former employer for damages. The state’s courts have filled in a gap in Indiana’s workers’ compensation statute, which had failed to clearly give protections for employees. The state Supreme Court in 1973 ruled, however, that lawsuits for “retaliatory discharge” based upon the employee’s filing of a workers’ compensation claim are allowed in Indiana.
Who is Covered by Indiana Workers’ Compensation Laws?
Employees are generally guaranteed workers’ compensation benefits, but independent contractors are not. Being treated as an employee but being classified as an independent contractor or a subcontractor (known as misclassification) means you are not covered by the employer’s workers’ compensation insurance. The employer’s claim that you’re not an employee can be disputed, or you may be able to sue the employer in a personal injury lawsuit.
Types of Workers’ Comp Claims and Qualification
To better understand what compensation can be expected when a workers’ compensation claim is filed, talk with our workers’ compensation lawyers. Among possible benefits of a workers’ comp claim are:
Payment for medical treatment and time missed from work
Payment for medical treatment and injuries that prevent a worker from resuming their full job responsibilities
Payment for costs of medical treatment only
Payment for medical treatment and the loss of all work capacity.
What to Expect from the Claims Process
The workers’ compensation claims process can seem intimidating if you’ve never experienced it before. However, it’s important to understand that many people in Indiana go through this every day.
If your initial claim has been rejected, despite your having provided the medical records and information your employer or its insurance carrier asked for, disputes can be resolved through the Worker’s Compensation Board’s Informal Dispute Resolution process. If that fails, your case is assigned to a Single Hearing Member of the Worker’s Compensation Board for determination of all the disputed issues.
Each party presents evidence at the hearing. To obtain benefits, you would have the burden of proving that an accidental injury occurred in the course and scope of your employment. After the hearing, the Single Hearing Member prepares and serves an award (his or her decision) on the parties. It spells out which issues aren’t contested by the parties, findings of fact and conclusions of law.
If either side is dissatisfied, an appeal can be filed with the full Board. An appeal is not a new hearing. Both sides make legal arguments, based on the facts found at the hearing, to the full Worker’s Compensation Board, made up of six Single Hearing Members and the Chairman. After the hearing, they prepare and serve a written award upon the parties. Any further appeal of this decision can be made to the state Court of Appeals. That decision could potentially be appealed to the Supreme Court of Indiana.
If you are a worker who has suffered an injury and you’d like help with your claim, consider contacting a Columbus, IN workers’ compensation attorney at Coriden Glover.
If you are disabled – either temporarily or permanently — from your injury, workers’ compensation benefits will cover two-thirds of your wages while you are unable to work. While these benefits won’t heal injuries or cover your full wages, they will provide much-needed financial assistance while you wait for your injuries to heal.
Workers’ compensation benefits in Indiana include…
- 66.6 percent of an employee’s weekly wages – if the injury disables the worker and requires time off
- Hospital bills
- Ongoing care
- Prescription medications
- Mileage for the distance travelled to and from the doctor’s office.
Fault shouldn’t be a concern in a workers’ compensation claim except in instances involving misconduct. Workers’ compensation insurance is a no-fault program, which means it is designed to cover workers regardless of who was at fault. The Columbus, Indiana workers’ compensation attorneys at Coriden Glover provide legal representation to both employees and employers and provide consultation regarding options in a work injury case.
Employers and employees often have close working relationships, and it’s normal for either party to feel a sense of dread when imagining taking legal action against the other. However, it’s important to understand that legal action in workers’ compensation cases is simply about fairness. There’s nothing wrong with asking for fair treatment.
Get Help Today from our Columbus, Indiana Workers’ Comp Lawyer
At Coriden Glover, our experience is an asset to our clients, and we can give you knowledgeable, skilled representation in all stages of a dispute. Contact us today to learn how we can assist you.
No matter what side of a claim you are on, a worker’s compensation dispute might seem like an intimidating process, but it doesn’t have to be. With the help of a worker’s compensation attorney, you can be sure that your interests are being represented.