EVANSVILLE WORKERS' COMPENSATION LAWS

In Indiana, most employers and businesses are required to carry workers’ compensation insurance coverage. This type of insurance policy ensures that injured employees can recover some of the costs of their accident.

However, many workers are forced to forego the compensation that they deserve. Unfortunately, applications for earned benefits are often contested or denied.

Do not let this happen to you. It is critical to take the right steps in the immediate aftermath of a workplace injury. 

In order to successfully secure the benefits that you need to financially recover, it is important to answer the question, “What are the workers’ compensation laws in Evansville, IN?” Following a workplace injury, take the following actions to effectively pursue compensation:

Report Your Injury

As soon as you become injured or realize you are ill, it is important to notify your supervisor or employer. This is true even if you do not need to miss work.

No matter the severity of your workplace injury, reporting the accident to your boss is critical for any resulting workers’ compensation claim. Failing to report your injury as soon as it occurs may cause the insurance provider to contest your claim.

To pursue workers’ compensation benefits, employees are required to report their accident or injury within 30 days. The sooner you report your accident, the sooner you can recover the money you need.

Keep Records

Following your workplace injury in Evansville, make sure to maintain independent records of the facts of your case. Do not rely solely on documentation from your employer or supervisors. 

Take note of the following facts related to your on-the-job illness or injury:

• Date, time, and location of the accident
• Others who were involved or witnessed the incident
• Nature and severity of the injury

It can be helpful to take photos or videos of the injury or the location where it occurred. Also, document the name and title of the person to whom you reported your injury.

In your personal notes about the incident, make sure to include details of your own experience of the accident. For instance, suppose the injury happened on a factory floor. Make sure to specifically list where the accident took place and how it happened.

Employer’s Report of Injury

Once you report the injury to your manager or supervisor, they are required to fill out a specific form. This document is known as an “Employer’s Report of Injury” form. 

Your employer must submit this form to the relevant insurance provider within seven days. Make sure that you receive a copy of this document as well.

What are the workers’ compensation laws in Evansville, IN? One of the most important legal points is that you have a right to a copy of the “Employer’s Report of Injury” document.

This will ensure that you can verify the reporting of your injury. 

Seeking Medical Care

If you are experiencing a medical emergency, you are permitted to seek care from any doctor or hospital that you choose. In non-emergency situations, you will need to follow the guidelines of the workers’ compensation process.

Under Indiana state law, businesses can choose the medical providers that their injured employees should visit. This allows employers to have some control over the workers’ claim process.

If you believe that the medical care provider does not offer you a reasonable diagnosis or treatment plan, make sure to speak with the compassionate team at Morgan and Morgan. Our Evansville, IN, workers’ compensation lawyers will ensure that you exhaust all of your legal options to recover the benefits you deserve.

Await the Decision

Your employer’s insurance provider must report the incident to the Workers’ Compensation Board of Indiana. The insurance company must either accept or deny your claim within 29 days.

If you have been denied the earned benefits that you are rightfully owed, make sure to speak with the knowledgeable legal professionals at Morgan and Morgan. Our workers’ compensation attorneys know what it takes to secure compensation for injured employees in Indiana.

Workers’ compensation claims are slightly different from standard personal injury cases. The types of compensation that injured employees can hope to obtain are distinct.

Indiana workers’ compensation is intended to cover direct monetary losses that victims experience. For instance, any associated medical care expenses should be covered by these earned benefits. 

Common types of medical costs from a workplace injury include:

• Hospitalization bills
• Doctors’ office visits
• Medical travel, including ambulance rides
• Prescription medications 
• Costs of surgeries
• Prosthetic and assistive medical devices

If you need to drive to medical appointments as a result of your injury, workers’ compensation should reimburse you for the cost of travel. Beyond compensation for your medical costs, you may be eligible for temporary or permanent disability compensation.

Temporary Disability Payments

When a workplace injury causes you to become temporarily disabled, you may be owed compensation. Temporary total disability compensation is calculated as two-thirds of the victim’s typical weekly wages.

This type of compensation can continue until a physician determines that you have reached maximum medical improvement (MMI). When a victim reaches MMI, their condition is not expected to improve further. 

Temporary disability compensation is capped at $780 each week in the state of Indiana. Claimants cannot receive temporary disability payments for more than 500 weeks, regardless of MMI status.

When injured employees can return to part-time work, they may still be eligible for temporary partial disability payments. 

These benefits are calculated as two-thirds multiplied by the difference between the worker’s pre-injury wages and post-injury income. Temporary partial disability payments cannot be recovered for more than 300 weeks.

Permanent Disability Payments

When a workplace injury results in the victim being permanently and totally disabled, they are eligible for a different category of compensation. Permanent total disability payments can be recovered for up to 500 weeks. 

You will be considered totally disabled only if you are unable to ever return to your previous position and cannot take on other work. However, other injured employees may be eligible for permanent partial impairment (PPI) benefits. 

The amount of money that you can recover through PPI benefits is determined by your impairment rating. This number is assigned by the overseeing physician in your case.

Physicians rely on a complex process to determine the impairment rating for injured workers.

If you have questions about your eligibility for PPI benefit payments, consult with one of the seasoned legal professionals at Morgan and Morgan. We will gladly review the facts of your case to help you secure maximum compensation.

Unfortunately, many injured workers face a denial of benefits by their employer’s insurance provider. When you believe you have been wrongfully denied earned benefits, a workers’ compensation attorney can help.

You have the option to appeal a denial and continue seeking the compensation you deserve. To appeal the decision in your case, you must file an “Application for Adjustment” form. 

This document must be submitted to the Indiana Workers’ Compensation Board. One of the skilled professionals at the firm of Morgan and Morgan can help to ensure your form is completed accurately. 

Following the submission of the form, a hearing will be scheduled. You or your attorney can submit evidence to a workers’ compensation judge, and a written decision will be issued. 

Even if your appeal does not result in an accepted workers’ compensation claim, you have options. One of the legal specialists at the firm of Morgan & Morgan can help you file a further appeal with the Indiana Workers’ Compensation Board.

At the firm of Morgan and Morgan, we believe that injured employees should be able to access the benefits they deserve. We know that people face serious financial difficulties in the aftermath of a work injury.

For this reason, our attorneys are compensated through a contingency fee approach. When you hire us, we will settle on a specific portion of the monetary recovery in your case.

When we secure the compensation that is rightfully yours, the agreed-upon portion of the winnings will cover the costs of attorneys’ fees. In other words, you will not pay anything out of pocket.

Unless our skilled lawyers recover the workers’ comp benefits that you need, you will not pay a penny. Speak with one of our compassionate Evansville workers’ comp attorneys today to discuss the facts of your case.

When you have been injured in a workplace accident, you are likely to face mounting costs and losses. It can be difficult to recover the compensation that you need to move forward effectively. 

The seasoned legal team at Morgan and Morgan has decades of experience representing injured workers. If you need help applying for earned benefits or appealing a wrongful denial, contact our firm.

Schedule a free legal case evaluation by filling out the form on our website. We will gladly review the circumstances of your Evansville workplace injury and help you secure compensation. Contact Morgan & Morgan today.