Workers Compensation Lawyer

So much of what happens to us happens at work – and not all of it is good.  In fact, Indiana recorded around 72,400 workplace injuries and illnesses in 2022, while another 156 workers were killed in the state that same year.

Certain industries are more prone to accidental injuries than others, including construction, which routinely accounts for a significant portion of on-the-job deaths, but a work injury can be devastating no matter what you do for a living. 

Fortunately, an injured worker in Indiana may have access to a number of potential remedies, including a workers’ compensation claim or even a personal injury case against an outside party if the situation warrants it.  To increase your chances of success, get in touch with the Indiana workers’ compensation lawyers at Hensley Legal Group, where we have been standing up for seriously injured clients for over a quarter century. 

You can arrange a free case review with a knowledgeable Indiana workers’ comp attorney by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form.

What Is Workers’ Compensation? 

If you are seeking funds after a work injury in Indiana, you are likeliest to obtain them with a workers’ compensation claim.  Workers’ compensation is a system through which workers who suffer injuries or illnesses arising “out of or in the course of employment” can receive relevant medical treatment, some level of wage replacement, and possibly other benefits.  These benefits typically come from the employer’s workers’ compensation insurance company, though some employers may self-insure. 

Under the Indiana workers’ compensation system, an employee does not have to prove that the employer was at fault for an injury in order to secure workers’ compensation benefits for it.  Moreover, an employer is not permitted to terminate an employee solely for filing a workers’ comp claim, but a job can still be lost on various grounds regardless of claim status. 

It should be noted that Indiana workers’ compensation benefits are mostly available to a business’s employees, though not to independent contractors doing work for that business.  Additionally, workers’ compensation only applies to injuries or illnesses sustained while performing the duties of your job at the prescribed time and place and in the prescribed manner, so there are some employment-related injuries for which benefits might not be granted.  For example, injuries you incur while commuting to or from work tend not to be covered, nor are injuries you incur while you are intoxicated, engaging in horseplay, committing illegal acts, or doing anything other than your job. 

As a claimant, you have obligations to meet too, chief among them promptly notifying your employer about your injury.  Your claim could be rejected in the State of Indiana if you take more than 30 days to tell your boss, foreman, or supervisor about a work accident, but you shouldn’t wait anywhere near that long to do so.  Instead, let the company know about your injury as soon as you can, ideally both verbally and in writing. 

Aside from informing your employer, you have up to two years to file an “Application for an Adjustment of Claim” with the Indiana Worker’s Compensation Board, a regulatory agency that could offer you greater legal protections and a means of resolving disputes. 

We realize that all of this may seem intimidating, but you can rest assured that our Indiana workers compensation’ lawyers will never allow a careless oversight to put a stop to your benefits. 

Common Indiana Workers’ Compensation Benefits 

The core workers’ compensation benefits in Indiana are as follows: 

• Medical Benefits – Reasonable medical treatment for work injuries and illnesses should be covered, though the employers and/or their insurance carriers may need to approve any treatments in advance. 

• Temporary Total Disability (TTD) Benefits – Employees who are ordered off of work completely by their physicians or who have been given work restrictions that cannot be accommodated may receive TTD benefits equal to two-thirds of their average weekly wages.  These benefits generally terminate once the employees have been cleared to go back to work.  

• Permanent Partial Impairment (PPI) Benefits – Employees whose work injuries leave them permanently impaired could be compensated for that impairment with PPI benefits (or “Permanent Total Disability” (PTD) benefits if no sort of gainful employment can be resumed).  The extent of PPI benefits will be influenced by multiple factors, such as a claimant’s income and the percentage of the body that is found to be impaired. 

While these are the most common Indiana workers’ compensation benefits, some claims could merit: 

• Vocational Benefits – Employees could be retrained for other careers if their injuries prevent them from returning to their former positions. 

• Death Benefits – The surviving beneficiaries of employees who died from their work injuries might entitled to compensation.  

This is not a comprehensive list of workers’ comp benefits, and you should not assume that you qualify for any of them.  However, a seasoned Indiana work injury attorney can educate you about your benefits along with other prospective avenues of recovery. 

Other Avenues of Recovery for Your Work Injury 

While workers’ compensation benefits will be the primary avenue of recovery for your Indiana work injury, you might get even more compensation through a third-party case, especially in a very dangerous profession like construction. 

For instance, if you are hurt on a construction site, you may be able to file a lawsuit against individuals and entities who contributed to your injuries but did not employ you directly.  Depending upon the circumstances, the defendants could include the property owner, the project developer, the general contractor in charge of overall construction, any contractors or subcontractors working on the project, and even the manufacturers, distributors, or retailers of defective construction gear or equipment. 

Unlike a workers’ compensation claim, which could be capped by aspects of your employment, a third-party case might compensate you for the full spectrum of your losses.  Furthermore, you may be able to pursue a third-party case and a workers’ compensation claim simultaneously instead of having to select one over the other.  

That being said, the workers’ compensation insurer may demand reimbursement out of your third-party case, and you will have to demonstrate negligence on the part of any defendants.  And should you share any blame for your injury, your compensation package could be reduced accordingly or your third-party case could fail, though workers’ comp benefits might still be on the table. 

You may have a lot to consider if you get injured on the job, but Hensley’s Indiana work injury lawyers are ready to guide you to a wise decision.  

Our Indiana Workers’ Compensation Attorneys Can Make a Difference 

It can be tough to know what to do in the aftermath of a workplace accident.  Even though Indiana’s workers’ compensation system is technically “no fault,” your employer and its workers’ compensation provider are probably far more concerned with serving their own interests than looking out for yours.  Consequently, they have no incentive to see that you take advantage of all of your benefits, much less identify other opportunities for your enrichment. 

This is where our Indiana workers’ compensation attorneys can make a difference.  If you hire Hensley, we will verify that every requirement for a valid workers’ compensation claim is satisfied, and we will bolster that claim by filing it with the Indiana Worker’s Compensation Board. 

Once your claim has been established, our Indiana workers’ compensation lawyers will advocate tirelessly on your behalf, managing all communications with the insurance company, representing you at each proceeding, and fighting back whenever your benefits are late or unfairly denied. 

We will also amass the materials to build an airtight Indiana workers’ compensation case, one that leads to a settlement or award that reflects what you are truly owed.  And if outsiders bear any responsibility for your injuries as well, we can find and initiate third party cases against them. 

You may be reluctant to agree to more expenditures at this moment, but our firm works on a contingency basis, so you won’t have to pay us anything until our Indiana workers’ comp attorneys bring your case to a favorable conclusion. 

Your hard work has helped so many over the years, and you can count on Hensley to get you the help you need for your work injury. 

Reach Out to Our Indiana Workers’ Compensation Lawyers 

Since 1998, Hensley Legal Group has devoted its practice to getting justice for honest Hoosiers like you.  If you are struggling to get your life back to normal, reach out to our Indiana workers’ comp lawyers to explore your legal options. 

To schedule a no-cost consultation with a dedicated Indiana workers’ compensation attorney, please call or text us at (317) 472-3333, chat with us online, or fill out our contact form today.