Indiana Workers Compensation Lawyer

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Replacement wages for injured workers in Indiana are available through workers' compensation benefits. Obtaining benefits is not always easy, though. Finding an experienced lawyer attorney specializing in Indiana's workers' compensation law can help alleviate the stress of being out of work, and give you the compensation you are entitled to. In Indiana, workers are entitled to 66 and 2/3rds of their average weekly wage, based on the previous 52 weeks of wages.

In Indiana, workers' compensation is compulsory. It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury or death.

Workers' compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers choose to be self-insured. Whatever plan is in place, employees in Indiana can expect compensation for being out of work due to work-related injury or illness.

Claims for compensation can be made directly against the insurer or the employer operating in the state of Indiana, or both. Claims for compensation include the award itself, hospital charges, supplies and services, physician's fees, and nurse's charges.

In the state of Indiana, agricultural employers can secure workers' compensation coverage, but they are not required to do so. Employers may also provide workers' compensation coverage for domestic servants, but are not required to do so.

The employee or his or her dependents must give a written notice concerning the job-related injury to the employer in a timely manner. Under workers' compensation laws, both employer and employee have responsibilities. An employer must provide insurance coverage or maintain a self-insurance fund, and post information specified by the state in a prominent place so that all employees have access to it. An employee has an obligation to read the posted information and to report an injury or occupationally related illness within the allotted time. Non-compliance by either party can have costly consequences. Indiana employees have 30 days from the time of injury to report it to the employer.

There are no time or monetary limits regarding medical benefits for those who are entitled to workers' compensation in Indiana. Also, the employer must maintain a list of physicians.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages and cannot exceed a weekly maximum amount. For temporary total disability, payments can potentially last for 500 weeks. The total payment amount for TTD may be subject to limitations. For PTD, payments can last for 500 weeks.

Scheduled awards are paid along with payments for TTD. Awards are paid to an employee when TTD payments cease. The awards cannot be reduced due to the employee's receipt of TTD payments.

In the state of Indiana, mental and physical rehabilitation is available for employees. Also, employees can receive benefits for permanent disfigurement.

The employer must be able to prove to the Workers' Compensation Board of Indiana that he or she has the financial ability to pay the compensation required.

If the employee dies, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. In Indiana, death benefits are subject to a maximum payment amount. Compensation for burial is usually available.

The Workers' Compensation Board of Indiana approves attorney's fees for each case. Some cases allow the attorney's fees to be added to the award that is paid to the employee.

Unless you are fully aware of your rights, and have consulted with a workers' compensation lawyer attorney, you can do serious harm to your case by talking to an insurance company claims adjuster alone. Letting your lawyer attorney contact a claims adjuster can allow for specialized negotiations to take place without having to stress on the matter.

In 2007, the state of Indiana reported 62,326 claims involving one or more days of work, 92 work-related fatalities, and 17,724 agreements to compensation.


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