Hammond Workers Compensation Lawyers
Hammond is a bustling city of nearly 78,000 permanent residents, many of whom work for such major local employers as Franciscan Health, Unilever, Horseshoe Casino, and Cargill. Yet no matter what type of job someone may have, a serious work injury could always be just around the corner.
Indeed, workers get hurt or sickened on the clock each and every day in the State of Indiana, which recorded approximately 72,400 workplace injuries and illnesses in 2022 alone. Fortunately, work accident victims may be able to secure economic support by initiating workers’ compensation claims or personal injury cases, and that support could be even greater if they partner with the Hammond workers’ compensation lawyers at Hensley Legal Group.
You can schedule a no-cost case review with a dedicated Hammond workers’ comp attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form at your earliest convenience.
What Does a Workers’ Compensation Claim Involve?
The most common avenue of financial recovery for a Hammond work accident is a workers’ comp claim. The Indiana workers’ compensation system permits employers to access certain benefits when they suffer injuries or illnesses that arise “out of or in the course of employment.” These benefits are usually administered by workers’ comp insurance companies on behalf of employers, though some larger employers may decide to self-insure.
Regardless of who dispenses the benefits, claimants enjoy substantial rights under the state’s no-fault workers’ compensation system. For example, they do not have to prove that somebody else caused their injuries before they can obtain benefits, and employers are prohibited from firing workers solely for filing claims, though their jobs can be terminated for other reasons.
That being said, these rights come with some obligations too, including the obligation to notify an employer within 30 days of a work accident. Failure to comply could lead to a claim for benefits being rejected, so it is critical to alert your boss, foreman, or supervisor about your injury as soon as you can, preferably verbally and in writing.
Once your employer has been made aware of your claim, you can 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 complete this step, though you shouldn’t wait until the last minute, since doing so could furnish you with a host of legal protections and a venue for addressing disputes.
We realize that the claims process can seem incredibly daunting, but you can count on our Hammond workers’ comp lawyers to clear every hurdle keeping you from establishing a valid claim for the benefits you are owed.
Are You Owed Workers’ Compensation Benefits?
But are you actually owed workers’ compensation benefits? Though you might think that benefits should be guaranteed whenever you get injured while you are working, the fact is that Indiana workers’ comp benefits are generally restricted to classic employees. In contrast, independent contractors who have been commissioned to carry out narrowly defined tasks tend to be on their own in the wake of a work accident.
Your employment status is not the only variable that could influence your ability to participate in the Indiana workers’ compensation system, which is designed to compensate those who have been hurt while performing their jobs in the correct manner, time, and place. Consequently, injuries incurred when you are intoxicated, participating in horseplay, breaking the law, or basically engaging in any activity unrelated to work are unlikely to merit benefits, nor are injuries incurred off site or outside of regular business hours, such as during your commute.
If you believe that you have been unfairly denied benefits, our Hammond workers’ compensation attorneys will conduct an investigation to determine whether adequate grounds for an appeal exist or whether a personal injury case is a viable alternative.
Could You File a Personal Injury Case for a Hammond Work Accident?
While a workers’ comp claim is often your best option after a Hammond work accident, a personal injury or third-party case might be justified when someone who is unaffiliated with your employment contributes to your injuries.
For instance, multiple individuals and entities who either do not employ you directly or work for your employer could be civilly liable for your construction injuries, such as a property owner and/or developer, a general contractor, and various contractors and subcontractors. Similarly, a third-party case could be on the table if a non-work vehicle hits you while you are in traffic for business purposes, whereas you may be limited to workers’ compensation if the motorist who harms you is a fellow employee.
There can be distinct advantages to filing personal injury cases, which could reward you more handsomely because they are not curtailed by aspects of your employment in the way that workers’ comp claims are. Additionally, you may be able to pursue both kinds of claims simultaneously instead of having to choose one over the other, though your employer’s workers’ compensation carrier will probably demand to be reimbursed in that scenario.
On the other hand, a personal injury case can be tougher than a workers’ comp claim in that you will need to demonstrate that a defendant is liable for your work accident, and the defendant may counter by accusing you of being liable. If that should happen, your case might be diminished in value or simply fail altogether, though workers’ compensation benefits might still be available.
What Workers’ Compensation Benefits Are Available?
Every work accident is unique, but the three core workers’ compensation benefits available for Hammond work accidents are:
- Medical Benefits – Treatment for work injuries and illnesses that is deemed to be medically necessary should be covered by employers and/or their insurance providers.
- Temporary Total Disability (TTD) Benefits – Employees whose physicians order them to stay home or give them work restrictions that their employers cannot accommodate could receive TTD benefits equal to two-thirds of their average weekly wages.
- Permanent Partial Impairment (PPI) Benefits – On-the-job accidents that inflict some level of permanent impairment could be compensated with PPI benefits (or “Permanent Total Disability” (PTD) benefits if gainful employment is no longer possible).
Other workers’ comp benefits may include:
- Vocational Benefits – Employees whose injuries prevent them from going back to their previous positions could be retrained for new careers.
- Death Benefits – The surviving family members of employees who die from their injuries could be granted benefits to alleviate the burdens of that passing.
Not all benefits will pertain to all claims, but Hensley’s tireless Hammond workers’ comp lawyers vow to do everything in their power to get you the benefits that pertain to yours.
Hiring Hammond Workers’ Compensation Attorneys Can Make a Difference
Nobody is every truly prepared for a work accident, and justice can frequently elude you when you are forced to contend with obstinate employers and insurers, but this is where hiring the Hammond workers’ compensation attorneys at Hensley Legal Group can make a difference.
Hensley will take pains to ensure that your claim is properly filed within the period allotted by law, then guide that claim towards a satisfying conclusion. Our Hammond workers’ compensation lawyers will advocate fiercely for your interests during every negotiation and legal proceeding while also amassing compelling evidence that could garner a settlement or award that is commensurate to the extent of your losses. And if the circumstances warrant it, we can move forward with a personal injury case as well.
We imagine that you might be concerned about spending more money when you can least afford it, but you should know that our firm works on a contingency basis. This means that you won’t have to pay us anything until our Hammond workers’ comp attorneys successfully resolve your claim.
You have given your job the attention that it deserves for so many years, and now it’s your turn to let Hensley give you the attention that you deserve.
Reach Out to Our Hammond Workers’ Compensation Lawyers
Hensley Legal Group has been helping hardworking Hoosiers like you since the firm first opened its doors in 1998. If you are struggling to cope with the impact of a significant workplace accident in the Hammond area, reach out to our Hammond workers’ compensation lawyers to explore your potential remedies.
Please call us at (317) 472-3333, chat with us online, or fill out our contact form to arrange a free consultation with an accomplished Hammond workers’ compensation attorney today.
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