Indianapolis Workers Compensation Lawyers

Indianapolis is an economically dynamic city that generates over $184 billion per year in gross domestic activity.  But whether Indianapolis workers are employed by tiny local businesses or giant multinational corporations, they are all at risk of being hurt on the job. 

Indeed, workplace accidents occur frequently throughout the State of Indiana, which recorded approximately 72,400 injuries and illnesses at work in 2022 alone.  Though physically demanding professions like construction have a higher chance of inflicting grievous bodily harm, the reality is that a work accident can be devastating no matter how you earn a living.  

Fortunately, if you have been injured on the job in Indianapolis, there are a number of remedies that may just keep you afloat, such as a workers’ compensation claim or potentially a personal injury case, though a positive outcome is not guaranteed.  To tip the odds in your favor, get in touch with the Indianapolis workers’ compensation lawyers at Hensley Legal Group, where we have devoted our practice to preserving the rights of the wrongfully injured. 

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

What Is a Workers’ Compensation Claim?  

The primary means of financial recovery for a work injury in Indianapolis is a claim through the state’s workers’ compensation system, under which employees who suffer injuries or illnesses arising “out of or in the course of employment” can take advantage of certain benefits.  These benefits tend to be administered by an employer’s workers’ comp insurance carrier, though a large employer may prefer to insure itself. 

Because Indiana has a no-fault workers’ compensation system, a worker does not usually need to prove that the employer caused a work injury in order to obtain benefits for it.  Additionally, Indiana workers’ comp claimants may not be fired solely for filing a claim, though employment could be terminated for other reasons. 

Nevertheless, claimants do have some obligations, such as promptly notifying their employers about their injuries.  If a boss, foreman, or supervisor is not informed of a work accident within 30 days, the subsequent claim for benefits could be rejected, so it is critical to report any injury as soon as possible, ideally both verbally and in writing. 

Aside from alerting your employer, you have the option to file an “Application for an Adjustment of Claim” with the Indiana Worker’s Compensation Board, which could offer you greater legal protections and a venue in which to address disputes.  If you elect to file a formal claim, you have up to two years to do so. 

Clearly, the claims process is not without its obstacles, but our Indianapolis workers’ compensation lawyers will do everything in their power to ensure that these obstacles do not keep you from receiving your benefits. 

What Workers’ Compensation Benefits Can You Receive?  

Exactly what workers’ compensation benefits can you receive?  While every Indianapolis workers’ comp case is unique, the core benefits in Indiana are: 

• Medical Benefits – Treatment for work injuries and illnesses should be completely covered by employers and/or their insurers, though that treatment may have to be approved in advance. 

• Temporary Total Disability (TTD) Benefits – Claimants could be eligible for TTD benefits equal to two-thirds of their average weekly wages when they are either ordered off work altogether by their doctors or given work restrictions that cannot be accommodated. 

• Permanent Partial Impairment (PPI) Benefits – Claimants who are permanently impaired by their work injuries could secure PPI benefits for the impairment (or “Permanent Total Disability” (PTD) benefits if the injuries prohibit ANY sort of gainful employment).  Multiple elements will influence the size of a claimant’s PPI benefits, such as the percentage of the body impaired and his or her income. 

Other workers’ comp benefits that may apply in some situations include:  

• Vocational Benefits – Retraining for new careers could be provided to claimants whose injuries bar them from returning to their former jobs. 

• Death Benefits – When employees die from their injuries, their survivors could be granted some degree of compensation. 

Regardless of which benefits are ultimately available to you, Hensley’s Indianapolis workers’ compensation attorneys can educate you about them if you decide to file a claim. 

Who Is Eligible to File a Workers’ Compensation Claim? 

Before you jump into action, you should be aware that not every worker is eligible to file a workers’ compensation claim.  Typically, Indiana restricts workers’ comp benefits to a business’s employees, not to independent contractors hired by a business for narrowly defined tasks.  Moreover, there are some employment-based injuries that might not qualify for benefits, since the system is designed to compensate injuries that employees sustain or illnesses they contract while performing the duties of their jobs in the appropriate manner and at the prescribed time and place.    

Consequently, injuries incurred while you are intoxicated, engaging in horseplay, breaking the law, or doing anything with no bearing on your job probably won’t be considered, nor will injuries incurred outside of normal business hours or off site, including during your commute. 

Should you believe that your benefits have been blocked unfairly, our Indianapolis workers’ compensation lawyers can assess if you are eligible to file a claim or if a personal injury case may be viable. 

Does Your Indianapolis Work Injury Justify a Personal Injury Case? 

While most Indianapolis work injuries only merit workers’ compensation benefits, a work injury could sometimes justify a personal injury case against a separate party. 

This is especially true for a construction accident, for which a host of individuals and entities who contributed to your injury but did not employ you directly or work for your employer could be subject to a lawsuit.  Depending upon the circumstances, the list of defendants could include the property owner and/or developer, the general contractor overseeing construction, various contractors or subcontractors, or the manufacturers, distributors, or retailers of malfunctioning gear or equipment.  

A third-party case could get you compensated for the totality of your losses, since it is not capped by specific aspects of your employment like a workers’ comp claim is.  Moreover, you may not have to choose one kind of claim over another, since very often third-party and workers’ compensation cases can be pursued simultaneously. 

However, a workers’ comp insurance company could seek reimbursement out of a personal injury claim, and you must prove fault in order to prevail.  Finally, any blame that you share could reduce the value of your third-party case or result in its dismissal, though you might still be able to access your workers’ compensation benefits. 

How Our Indianapolis Workers’ Compensation Attorneys Can Help  

It can be tough to know what to do in the wake of a serious Indianapolis work accident, when your employer and its workers’ comp carrier are at best indifferent and at worst hostile to your interests, but the Indianapolis workers’ compensation attorneys at Hensley Legal Group are prepared to help. 

Hensley will dot every “i” and cross every “t” so that the requirements for a valid claim can be fulfilled, then strengthen that claim by filing it with the Indiana Worker’s Compensation Board.  

Once your claim has been established, our tireless Indianapolis workers’ compensation lawyers will stay with you every step of the way, negotiating with insurance adjusters, responding to senseless delays and denials, and advocating for your concerns at each proceeding. 

We will also amass the evidence necessary to garner a workers’ compensation settlement or award that reflects what you deserve, and we could initiate a third-party case as well if the facts warrant it.  

You may be worried about committing to more expenditures when you have spent so much already, but our firm works on a contingency basis, so you won’t have to pay us anything until our Indianapolis workers’ compensation attorneys successfully resolve your claim.  

You have shouldered so many burdens over the years for your job.  Now let Hensley shoulder the burdens involved in getting you back to work. 

Our Skilled Indianapolis Workers’ Comp Lawyers Will Be Here for You 

Hensley Legal Group has been standing up for hardworking Hoosiers since the firm first opened its doors in 1998.   If you are reeling from the effects of a major injury, our skilled Indianapolis workers’ comp lawyers will be here for you.  

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