Fort Wayne Workers Compensation Lawyers

Fort Wayne is the second biggest city in Indiana and one of the state’s leading drivers of economic activity, generating billions of dollars annually in the manufacturing, healthcare, retail, finance, and insurance sectors.  But no matter if Fort Wayne workers are employed by large corporations like General Motors, BAE Systems, and Raytheon Technologies or the smallest mom-and-pop outfits, they are all at risk of getting hurt on the job when they least expect it.

In fact, there are tens of thousands of workplace injuries and illnesses in Indiana each year, including around 72,400 in 2022.  While especially hazardous industries like construction and transportation have the highest rates of employment-related accidents, the truth is that anyone could be devastated by a major mishap at work.  

Fortunately, there may be multiple avenues of recovery for your Fort Wayne work accident, and amount that you recover could be even greater with the Fort Wayne workers’ compensation lawyers at Hensley Legal Group in your corner.  No feat is too challenging or adversary too intimidating to stop us from doing everything in our power to advance our clients’ interests. 

You can schedule a free consultation with a dedicated Fort Wayne workers’ comp attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form today. 

What Does a Workers’ Compensation Claim Involve? 

The chief means of assistance for a Fort Wayne work accident is a workers’ compensation claim.  Under Indiana law, an employee can access a number of benefits when an injury or illness arises “out of or in the course of employment,” with the benefits provided by the employer’s workers’ comp insurance carrier or by the employer itself in some instances. 

A worker usually doesn’t have to prove that the employer caused a work injury in order to qualify for benefits, since Indiana has a no-fault workers’ compensation system, nor can an employer dismiss a worker just for making a claim.  However, a worker could be fired for other reasons regardless of claim status. 

Nevertheless, an injured worker’s rights do come with some obligations, such as the obligation to promptly notify the employer.  Any claimant who does not inform a boss, foreman, or supervisor about an injury within 30 days could have his or her application for benefits rejected, so you should give verbal and written notice about your work accident as soon as you can.  You also have up to two years to file an “Application for an Adjustment of Claim” with the Indiana Worker’s Compensation Board,  an action that could offer you significant legal protections and a venue in which to address disputes. 

It is worth noting that not everyone who gets hurt at work can file a workers’ comp claim, since the State of Indiana restricts these benefits to a business’s employees, which typically leaves injured independent contractors to fend for themselves.  Additionally, not every work accident merits workers’ compensation benefits, which are reserved for injuries or illnesses that emerge when doing the duties of a job at the prescribed place and time and in the appropriate manner. 

In contrast, injuries that you incur off site or outside of normal working hours, such as during your commute, likely won’t be considered, nor are you likely to be eligible if you are hurt while you are drunk, engaging in horseplay, violating the law, or doing anything apart from your job. 

Our Fort Wayne workers’ compensation lawyers can assess whether you can have grounds to file a workers’ comp claim or whether a personal injury case is a viable alternative. 

Can You Pursue a Personal Injury Case for a Fort Wayne Work Injury? 

Though a workers’ compensation claim is most often the best way to address a Fort Wayne work injury, there are some incidents for which a personal injury or third-party case against a separate party may be justified. 

For example, the driver or owner of a non-work vehicle could be responsible if you are injured in traffic while you are on the clock.  Similarly, a host of individuals and entities who do not employ you or work for your employer could be civilly liable for a construction accident, such as the property owner and/or developer, the general contractor, and various contractors and subcontractors. 

A personal injury case can present distinct advantages if you are hurt on the job.  Because it is not capped by aspects of your employment, such as salary, in the way that a workers’ comp claim is, a personal injury case might allow you to be compensated for the totality of your losses, and you might be able to pursue both kinds of claims simultaneously.   

That being said, a workers’ comp insurance company will probably demand to be reimbursed out of your third-party compensation package.  And unlike a workers’ comp claim, a personal injury case requires you to demonstrate fault on the part of a defendant, who may argue that YOU were at fault instead.  If that happens, your compensation may be reduced or your personal injury case may fail altogether, but a tenacious Fort Wayne workers’ compensation attorney might still manage to secure workers’ comp benefits on your behalf. 

Common Fort Wayne Workers’ Compensation Benefits 

What exactly are those benefits?  Every case is different, but the three most common Fort Wayne workers’ compensation benefits are:  

• Medical Benefits – Employers and/or their insurers must cover treatment for work injuries and illnesses, though they may insist on prior approval of any recommended procedure or regimen. 

• Temporary Total Disability (TTD) Benefits – Employees whose physicians order them off work entirely or give them work restrictions that their employers cannot accommodate could seek TTD benefits equivalent to two-thirds of their average weekly wages. 

• Permanent Partial Impairment (PPI) Benefits – Employees who are permanently impaired because of their work injuries could receive PPI benefits (or “Permanent Total Disability” (PTD) benefits when no sort of gainful employment is possible). 

Depending upon the circumstances, other benefits may include: 

• Vocational Benefits – When injuries prohibit workers from returning to their former positions, they could have the opportunity to undergo training to prepare them for new careers.  

• Death Benefits – If workers are killed on the job or subsequently die from their injuries, their survivors may avail themselves of certain benefits. 

Keep in mind that this is only a brief introduction to your potential workers’ compensation benefits, about which Hensley’s knowledgeable Fort Wayne workers’ comp lawyers are ready to educate you fully. 

What Our Fort Wayne Workers’ Compensation Attorneys Can Do for You 

Obtaining the benefits that you are owed after a work accident can quickly become an uphill battle, but you can win that battle when you partner with the Fort Wayne workers’ compensation attorneys at Hensley Legal Group. 

If you hire Hensley, you can rest assured that a valid workers’ comp claim will be established and filed with the Indiana Workers’ Compensation Board in a timely fashion.  Furthermore, we will amass the materials necessary to garner a workers’ compensation settlement or award that is commensurate with your losses and move forward with a third-party case as well when the situation calls for it. 

Our faithful Fort Wayne worker’s compensation lawyers will stand by you through thick and thin, fighting back on unreasonable delays and denials, squaring off against obstinate insurance adjusters, and advocating for your interests at every proceeding. 

No two Fort Wayne work injuries are completely the same, but we will always strive to maximize the value of yours. 

You Won’t Pay Until We Resolve Your Claim 

If you are worried about agreeing to more expenditures at this moment, you should know that our firm works on a contingency basis, so you won’t have to pay us anything until our Fort Wayne workers’ compensation attorneys favorably resolve your claim. 

So many have counted on you over the years, and you can count on Hensley when you need us most. 

Get in Touch with Our Fort Wayne Workers’ Compensation Lawyers 

Hensley Legal Group has been helping hardworking Hoosiers like you since the firm first opened its doors over a quarter century ago.  If you have no idea what to do in the wake of a work injury, get in touch with our Fort Wayne workers’ compensation lawyers to explore your legal options. 

For a no-cost case review with an accomplished Fort Wayne workers’ compensation attorney, please call us at (317) 472-3333, chat with us online, or fill out our contact form now.