Often, the injuries that result are not catastrophic and people can return to their jobs quickly. There are instances when injuries are so severe that employees are unable to return to work for a long time, if they are not permanently disabled.
In 2021, the Indiana Department of Labor reported that there will be over 10,000 workplace accidents in Indiana. In Indiana, 731 of these injuries resulted fatally, while 8,188 were due to injury or illness. Approximately 47% of workplace accidents occurred in manufacturing, followed by 22% in construction. In this time period, 25% of fatal workplace injuries were caused by workers aged 31-40.
Every worker should be aware of their rights in relation to workplace accidents and compensation. Employers must have worker’s comp insurance in place to receive benefits. Different states have different laws regarding worker’s comp. Workers receive compensation for injuries sustained in the course of duty. Compensation can include lost wages, medical expenses, pain and discomfort, disability payments, etc.
Insurance companies often deny or lower claims of injured workers. It is for this reason that you should hire local professionals like Indiana workers’ comp lawyers who will guide you through the claim process. Here are some ways that attorneys can help their clients.
Filing your claim correctly
A workers’ compensation attorney can be very helpful in ensuring that your claim has been filed on time and correctly. If you miss the deadline or make an error on your paperwork, your claim may be denied.
An attorney can help you complete the forms, collect the documentation required, and ensure everything is submitted in time.
Gather Evidence
You can get help from a worker’s compensation lawyer to gather evidence in support of your claim. You need to take action quickly after an accident by calling 911 and getting medical help. Your supervisor will need to be informed of the injury.
Your employer will need to notify OSHA and gather evidence and photos. They’ll also have to file a claim through their workers compensation insurance. Some employers fail to adhere to these guidelines, or their insurance company may not cooperate.
Legal assistance is essential. A lawyer can assist in gathering medical records, witness testimony, and other documentation to show the extent of your injury and its impact on your ability work. Insurance companies may be less likely to deny or settle for a low amount if you have strong evidence.
Negotiate with Insurance Companies
If you hire legal counsel for a workers’ compensation claimspan size=”font weight: 400 ;”>,, they will represent you during the dispute resolution. It is important to remember that insurance companies will often negotiate more with an attorney than a worker.
An attorney can help you get the best settlement possible by using their legal knowledge and experience dealing with insurance companies.
Worker’s Compensation Board: Present your case
Indiana’s WCB is responsible for resolving disputes that cannot be resolved by the Informal Dispute Resolution Process. You can apply for an adjustment claim using the SF 29109 form with your lawyer’s help. The case will be assigned to a specific individual at the WCB after it is received.
This individual will be referred to as the Single Hearing Member, and is responsible for resolving any outstanding issues. Your attorney can help you to effectively present your case, and explain why you deserve benefits. This will ensure that the board understands your position.
The Single Hearing Member will provide a written award to all parties after the hearing is concluded. The award will include any agreed upon stipulations as well as factual findings and legal conclusions.
Your attorney can help you appeal the Board’s decision if you are not satisfied with it. The board will set up a hearing within 90 days.
It’s important to know that award appeals do not involve new hearings. Instead, they are a legal argument made by both parties before the Board. The Board is usually composed of the Chairman and the Single Hearing Members.
The Indiana Workers’ Compensation Board will receive 76,076 claims for workers’ compensation in 2020. In Indiana, the average compensation claim settlement was $22,719 and included medical bills, lost wage, and other expenses.