Fishers Workers Compensation Lawyers
Fishers is a rapidly growing city with a population of nearly 77,000, some of whom work for such major local employers as Hamilton Southeastern Schools, Navient, and US Foods, while others may be employed in neighboring Indianapolis. Yet no matter what a Fishers resident does for a living, practically anyone could get hurt on the job, as the approximately 72,400 Hoosiers who suffered workplace injuries and illnesses in 2022 are already painfully aware.
Fortunately, financial recovery may be possible after a Fishers work accident, often through a workers’ compensation claim or a personal injury case, and your chances of success could be even greater if you partner with the Fishers’ workers’ compensation lawyers at Hensley Legal Group. Our firm has been standing up for the seriously injured since 1998, and we are eager to get justice for you and your family.
You can schedule a free consultation with a dedicated Fishers workers’ comp attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.
What Is a Workers’ Compensation Claim?
The primary means of economic assistance for a workplace accident in Indiana is a workers’ compensation claim, through which certain benefits could be received for an injury or illness arising “out of or in the course of employment.” These benefits are usually administered by an employer’s workers’ comp insurance company, though a larger employer may elect to self-insure.
Regardless of who handles their benefits, claimants can enjoy a number of rights under Indiana’s no-fault workers’ compensation system, like the right to obtain benefits without having to prove that their employers or coworkers caused their accidents. Moreover, employers are not permitted to fire workers solely for initiating workers’ comp claims, though they could be terminated for something else.
Nevertheless, these rights do come with some obligations, such as the obligation to inform an employer within 30 days of a work accident. Your claim for benefits could be rejected if you don’t comply, so notify your boss, foreman, or supervisor about your injury promptly, ideally both verbally and in writing.
Once your claim has been established, you can further strengthen it by filing an “Application for an Adjustment of Claim” with the Indiana Worker’s Compensation Board. You have up to two years to take this step, though there is no reason to wait until that date, since a formal claim offers substantial legal protections and a forum for addressing disputes.
The early stages of a workers’ comp claim can be critical, but our Fishers workers’ compensation lawyers will ensure that the requirements for a valid claim are met along with the requirements for a personal injury case when one is applicable.
Is a Personal Injury Case an Option for Your Work Accident?
While a workers’ comp claim is the chief source of remuneration for most work injuries and illnesses in Fishers, a personal injury or third-party case may be an option when someone who isn’t affiliated with your job contributes to your work accident.
For example, if you should be injured in traffic while you are on the clock, the driver and/or owner of a non-work vehicle that hit you might be liable for your injuries. Similarly, multiple individuals and entities who don’t employ you or work for your employer could be civilly pursued if you are hurt in a construction accident, such as a property owner, a developer, a general contractor, or various contractors or subcontractors.
A personal injury case can present some notable advantages over a workers’ compensation claim, which tends to cap the amount of your compensation because it is constrained by your salary and other conditions of your employment. Additionally, you may be able to move forward with each kind of claim simultaneously rather than choosing one over the other, though the workers’ comp insurance carrier will probably demand to be reimbursed out of your third-party case.
Nevertheless, a personal injury case can be tougher than a workers’ compensation claim in other respects, since you will have to prove fault on the part of a defendant. In response, the defendant may argue that YOU were at fault, which could potentially reduce the value of your case or result in its failure, though you might still have access to your workers’ comp benefits.
Common Fishers Workers’ Compensation Benefits
The benefits package could change from claim to claim, though the most common Fishers workers’ compensation benefits are:
- Medical Benefits – Necessary treatment for work injuries and illnesses should be covered at no cost to the employees.
- Temporary Total Disability (TTD) Benefits – Employees whose doctors order them to stay home or prescribe restrictions that cannot be accommodated may seek TTD benefits equal to two-thirds of their average weekly wages for the duration of their leave.
- Permanent Partial Impairment (PPI) Benefits – Injuries that inflict permanent impairment could be compensated with PPI benefits (or “Permanent Total Disability” (PTD) benefits when that impairment bars any sort of future employment).
Other benefits that might pertain in some situations may include:
- Vocational Benefits – Injured employees could be trained for new careers when they are physically unable to resume their old jobs.
- Death Benefits – The survivors of employees who die from their injures may qualify for benefits to alleviate the burdens of that passing.
Many elements could have a bearing on your workers’ comp benefits, but our Fishers workers’ compensation attorneys will do everything in their power to get you the benefits for which you are entitled.
Are You Entitled to Workers’ Compensation Benefits?
But are you actually entitled to workers’ compensation benefits? The answer may depend upon a host of variables, like your relationship to your employer. Workers’ comp benefits are typically limited to a business’s employees, so an independent contractor who has been retained to complete a narrowly defined task may be excluded from benefits if an accident occurs.
The nature, timing, and location of a work accident could negatively impact a worker’s benefit eligibility as well. The Indiana workers’ compensation system was designed to aid employees who get hurt or fall ill while performing their assigned job duties in the assigned manner. As such, injuries that are incurred while workers are intoxicated, engaging in horseplay, breaking the law, or doing anything other than their jobs likely will not merit benefits, nor will injuries that are incurred outside of normal business hours or off site, including during their commutes.
A denial of your workers’ comp claim can be a huge blow when you are struggling to bounce back from an accident. However, if you believe that you are being unfairly blocked from benefits that you are legitimately owed, Hensley’s tenacious Fishers workers’ compensation lawyers will conduct an exhaustive search to find grounds for an appeal.
What Our Fishers Workers’ Compensation Attorneys Can Do for You
So much of what happens to us happens at work, for better and for worse. And when the absolute worst happens, the Fishers workers’ compensation attorneys at Hensley Legal Group will be there to help.
If you hire Hensley, we will dot every “i” and cross every “t” so that your claim is filed within the time allotted by law, then remain at your side throughout the claims process, fending off the tricks and tactics of stubborn insurance adjusters and advocating for your interests at every proceeding. Our Fishers workers’ comp lawyers will also move swiftly to amass the evidence needed to garner the settlement or award that you deserve, and a personal injury case could be assembled if the circumstances warrant it.
We realize that you may be reluctant to spend more money when you can least afford it, but our firm works on a contingency basis, so you won’t have to pay us anything unless our Fishers workers’ compensation attorneys favorably resolve your claim.
So many have been relying on you for so long, and you can rely on Hensley to make you whole again.
Get in Touch with Our Fishers Workers’ Compensation Lawyers
Hensley Legal Group has been fighting on behalf of the hardworking men and women of Indiana for over a quarter century. If you are reeling from the effects of a work injury or illness, get in touch with our Fishers workers’ compensation lawyers to explore the remedies available to you.
Please call us at (317) 472-3333, chat with us online, or fill out our contact form for a complimentary case review with a knowledgeable Fishers workers’ comp attorney today.
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