South Bend Workers’ Compensation Lawyers

South Bend is the fourth biggest city in Indiana, with major local institutions like Beacon Health System, AM General, Honeywell, and the University of Notre Dame keeping tens of thousands of South Bend residents gainfully employed.  Clearly, so much of what happens in South Bend happens on the job, and sometimes it is for the worse, as the approximately 72,400 Hoosiers who suffered workplace injuries and illnesses in 2022 already know.  And though some professions may be more dangerous than others, the fact remains that anyone’s life could be disrupted by a simple mistake at work. 

Fortunately, there are a number of ways to stave off ruin following a work accident in South Bend, such as a workers’ compensation claim or a personal injury case.  To increase your chances of success, get in touch with the South Bend workers’ compensation lawyers at Hensley Legal Group, where we have been fighting for the badly injured for over a quarter century. 

You can call us at (317) 472-3333, chat with us online, or fill out our contact form to schedule a free consultation with a dedicated South Bend workers’ comp attorney now. 

What Is Workers’ Compensation? 

The chief means of financial recovery for a South Bend work accident is a workers’ compensation claim, which provides certain benefits for injuries and illnesses that arise “out of or in the course of employment.”  These benefits are usually administered by an employer’s workers’ comp insurance company, though some employers may elect to self-insure. 

Since the Indiana workers’ compensation system is considered to be “no-fault,” a claimant typically does not have to show that an employer or coworker caused an injury in order to qualify for benefits.  Furthermore, an employer cannot fire a worker in retaliation for initiating a claim, though that worker could be dismissed on other grounds. 

Yet the protections that workers’ comp claimants enjoy don’t come without some corresponding obligations, including the obligation to notify their employers within 30 days of their work accidents.  Neglecting to do so could result in a claim for benefits being rejected, so it is critical to give your boss, foreman, or supervisor verbal and written notice of your work accident as soon as you can.  

Once that task has been completed, you can strengthen your case by formally filing an “Application for an Adjustment of Claim” with the Indiana Worker’s Compensation Board,  which could offer greater legal protections and a venue for addressing disputes. 

All of this can feel daunting if you have never been harmed at work before, but you can rest assured that our meticulous South Bend workers’ compensation lawyers will satisfy every requirement so that an eligible applicant’s claim can be established.  

Are You Eligible to Establish a Workers’ Compensation Claim? 

This begs an important question: Are you eligible to establish a workers’ compensation claim?  The answer may seem obvious if you have recently been hurt at work, but the truth is that Indiana workers’ comp benefits are largely limited to a business’s employees and therefore tend to exclude independent contractors who have been retained for narrowly defined purposes.   

But a worker’s employment relationship isn’t the sole element that could impact eligibility for benefits, since the nature, timing, and location of the actions leading up to a work accident can influence if a worker is owed benefits as well.   

The system was created to compensate workers who are hurt or sickened while performing the duties of their jobs in the appropriate manner.  Consequently, any harm that befalls you on the job while you are drunk, high, violating the law, horsing around, or doing anything else that does not align with your job duties probably won’t be compensated.   

Along comparable lines, injuries incurred off site or outside of business hours probably won’t be compensated either, which has long been a source of immense frustration to workers who get hurt during their commutes. 

As you can imagine, an unexpected denial could stop you in your tracks, but our South Bend workers’ compensation attorneys will be able to assess whether you have been unfairly blocked from receiving benefits that you are legitimately owed. 

What Workers’ Compensation Benefits Are Available? 

While the available workers’ compensation benefits can differ from claim to claim, the three core benefits in South Bend workers’ comp claims are: 

• Medical Benefits – Treatment for work injuries and illnesses should be covered by employers and/or their insurance carriers, though they may refuse to approve procedures and courses of care that they deem unnecessary.  

• Temporary Total Disability (TTD) Benefits – Employees may seek TTD benefits equal to two-thirds of their average weekly wages when their doctors order them home from work or prescribe restrictions that their employers cannot accommodate. 

• Permanent Partial Impairment (PPI) Benefits – When injuries produce some degree of permanent impairment, PPI benefits may be possible (or “Permanent Total Disability” (PTD) benefits when there is no hope of future employment). 

Other benefits that may apply could include: 

• Vocational Benefits – Workers who are physically unable to resume their former jobs may undergo training for new careers. 

• Death Benefits – The surviving family members of workers who die from their injuries could be awarded benefits to alleviate the burdens associated with their passing. 

We realize that this can be a lot to take in, but Hensley’s knowledgeable South Bend workers’ compensation lawyers are prepared to educate you fully about your workers’ comp benefits and any other remedies that may be on the table, such as a personal injury case. 

Can a Personal Injury Case Be Pursued for Your Work Injury? 

For most work injuries and illnesses in South Bend, a workers’ compensation claim will be the primary avenue of remuneration, though an accident involving a separate party might merit a personal injury or third-party case. 

For example, a host of individuals and entities who either don’t employ you or work for your employer directly might share blame when you are injured in a construction accident, like a property owner and/or developer, a general contractor, or various contractors or subcontractors.  Similarly, a driver or owner of a non-work vehicle that harms you in traffic while you are on the clock may be civilly liable for your injuries too. 

A personal injury case could potentially put more money in your pocket than a workers’ comp claim might because it is not capped by your salary and other conditions of your employment.  As a bonus, you can often pursue both kinds of claims simultaneously, though the workers’ compensation insurer is likely to demand reimbursement for anything it spends on your behalf.   

Nonetheless, personal injury cases can pose challenges that workers’ compensation claims don’t, among them proving that a defendant was responsible for your work accident, which may prompt the defendant to argue that YOU were responsible.  If that occurs, your compensation package may be reduced according to your level of culpability, or your case may fail altogether, though you might still manage to access your workers’ comp benefits.  

How Hensley’s South Bend Workers’ Compensation Attorneys Can Help 

A serious work injury can turn your world upside down, but the South Bend workers’ compensation attorneys at Hensley Legal Group can help set it right again. 

If you hire Hensley, we will deftly navigate you through the claims process, pushing back against obstinate insurance adjusters and tirelessly advocating for your interests.  Our South Bend workers’ comp lawyers will also amass the materials needed to assemble an airtight claim, and they can even assemble a personal injury case when the circumstances justify one. 

If you are worried about agreeing to additional expenditures at this moment, you may be pleased to learn that our firm works on a contingency basis, so you won’t have to pay us anything until our attorneys bring this ordeal to a favorable conclusion. 

You have always rewarded your employer’s faith in you, and we will do everything in our power to reward your faith in us. 

Reach Out to Our South Bend Workers’ Compensation Lawyers 

Hensley Legal Group has devoted its practice to hardworking people like you since the firm first opened its doors in 1998.  If you are struggling to return to normal in the aftermath of a work injury, reach out to our South Bend workers’ compensation lawyers to explore your legal options. 

You can arrange a no-cost case review with an accomplished South Bend workers’ comp attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form today.