Did you sustain an injury or illness while working in Indianapolis, Indiana? You may be entitled to workers’ compensation benefits that cover your medical treatment and replace a portion of your lost wages. Call (317) 634-8565 for a free consultation with an Indianapolis workers’ compensation lawyer at Hankey Marks & Crider.
Our legal team has decades of combined experience and has recovered millions of dollars for injured workers throughout the state. We know how to deal with insurance companies that try to minimize legitimate claims and are prepared to fight for the full benefits you deserve.
Why Choose Hankey Marks & Crider to Handle My Workers’ Comp Claim in Indianapolis, Indiana?
Having a workers’ compensation attorney in Indianapolis, IN, on your side who focuses on this area of law can make a real difference in the outcome of your claim.
Hankey Marks & Crider is one of Indianapolis’s go-to firms for injured workers. Our Indianapolis workplace accident attorneys combine aggressive advocacy with the kind of personal attention that makes clients feel heard.
Here are some reasons that people choose to work with us:
- Members of our legal team have been recognized by the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, and Super Lawyers.
- We focus on workers’ compensation, personal injury, and disability law, giving us deep knowledge in these practice areas.
- We have earned hundreds of five-star reviews on Google.
Give our Indianapolis personal injury lawyers a call today to schedule a free consultation.
Workers’ Compensation in Indiana
Indiana’s workers’ compensation program was established in 1915 to provide a safety net for employees who get hurt on the job. The system is designed as a no-fault framework.
That means you can receive benefits regardless of whether you, your employer, or a coworker caused the accident. There are limited exceptions, such as injuries that result from intoxication or intentional self-harm, but the vast majority of workplace injuries qualify for coverage.
Workers’ Compensation Insurance Requirements and Legal Options
Nearly every employer in Indiana is required to carry workers’ compensation insurance. If your employer has coverage, the trade-off is that workers’ comp is generally your exclusive remedy against your employer.
You cannot file a personal injury lawsuit against your employer in most situations. However, the benefit of the no-fault system is that you do not have to prove negligence to receive your benefits.
If your employer does not carry the required insurance, they are breaking the law. The Workers’ Compensation Board of Indiana can take legal action against employers who fail to maintain proper coverage. You may also have additional legal options available to you in that situation.
What Benefits Does Indiana Workers’ Comp Provide?
Indiana law provides several categories of benefits for injured workers. The specific benefits you qualify for depend on the nature of your injury and how it affects your ability to work. Our workers’ compensation attorneys in Indianapolis will evaluate your situation and help you pursue the full range of benefits available in your case.
Medical Benefits
Indiana workers’ comp covers all reasonable and necessary medical treatment related to your workplace injury. There is no dollar cap on medical benefits and no waiting period before coverage kicks in. However, your employer or their insurance carrier generally has the right to direct your medical care, which means they may choose the treating physician.
Temporary Total Disability (TTD)
If you are completely unable to work while you recover, you may be entitled to TTD benefits. These payments replace a portion of your average weekly wage during the time you are off the job. TTD benefits continue until you are able to return to work, reach maximum medical improvement (MMI), or meet another stopping point under Indiana law.
Temporary Partial Disability (TPD)
If you can return to work in some capacity but are earning less than you did before the injury, TPD benefits may make up part of the difference. These payments help bridge the gap during your recovery period.
Permanent Partial Impairment (PPI)
Once your condition stabilizes and your doctor assigns a permanent impairment rating, you may be eligible for PPI benefits. The amount is calculated based on the degree of impairment and a formula set by Indiana statute. PPI benefits are typically paid on a weekly basis.
Permanent Total Disability (PTD)
In the most severe cases, an employee may be unable to return to any type of work on a permanent basis. PTD benefits provide ongoing wage replacement for those individuals.
Death Benefits
If a workplace accident or illness results in death, eligible dependents may be entitled to weekly compensation along with funeral and burial expenses.
Third-Party Personal Injury Claims
While workers’ compensation is usually your exclusive remedy against your employer, it does not prevent you from filing a personal injury lawsuit against a responsible third party. If someone other than your employer contributed to your workplace injury, you may be able to pursue additional compensation through a separate legal claim.
Some situations that commonly lead to third-party lawsuits include:
- A car accident or truck accident caused by another driver while you were performing your job duties
- An injury at a construction site caused by the negligence of a general contractor or property owner
- Harm resulting from a defective piece of equipment or machinery manufactured by a third party
A third-party lawsuit opens the door to full economic and non-economic damages, making it an option well worth looking into.
How Much Is My Indianapolis Workers’ Compensation Claim Worth?
No two workplace injury claims are identical. The amount you ultimately receive will depend on a number of factors unique to your situation.
Some of the details our legal team will review include:
- The type and severity of your injuries
- Whether your condition is temporary or permanent
- How long you will be unable to work
- Whether you reached maximum medical improvement
- Your average weekly wage before the injury
- Whether a third-party lawsuit could provide additional compensation
- The strength of the medical documentation supporting your claim
We can give you a better sense of what your claim may be worth once we have had a chance to review the details.
We’ll Fight for Compensation for All of Your Workplace Accident Injuries
Accidents on the job can produce a wide range of injuries. Our personal injury lawyers in Indianapolis have the experience to help you recover benefits, no matter what type of harm you have suffered.
Some of the injuries in workers’ compensation cases include:
- Back injuries
- Spinal cord injuries
- Broken bones
- Traumatic brain injuries
- Concussions
- Knee injuries
- Shoulder injuries
- Burns
- Repetitive stress injuries
- Crush injuries
- Amputations
- Neck injuries
- Whiplash
- Nerve damage
- Internal organ damage
- Occupational illnesses
No matter the exact nature of your injury, our team is ready to help. Get in touch with us to discuss your options.
How Much Does It Cost to Hire a Workers’ Compensation Attorney in Indianapolis, IN?
Most workers’ compensation lawyers in Indianapolis, including ours, handle cases on a contingency fee basis. You do not have to pay anything out of pocket to get started. Instead, we only collect attorney’s fees if you receive benefits or a settlement.
What if My Workers’ Comp Claim Is Disputed or Denied?
Insurance carriers deny or dispute workers’ compensation claims more often than you might expect. They may argue that your injury is not work-related, that your medical treatment is not necessary, or that you are able to return to work sooner than your doctor recommends.
If your claim is disputed, you or your attorney can file an Application for Adjustment of Claim with the Indiana Workers’ Compensation Board. The Board will then schedule a pre-trial conference or a hearing to resolve the matter. Having an attorney who has been through this process many times can significantly improve your chances of a favorable outcome.
How Much Time Do I Have to File a Workers’ Comp Claim in Indiana?
Indiana law typically gives injured workers two years from the date of the injury to file a workers’ compensation claim. Although a 30-day notice period applies, delayed notice does not automatically bar compensation. The consequences depend on factors such as the employer’s knowledge of the injury and whether the delay caused prejudice.
There are limited exceptions to these deadlines, so it’s best to seek legal advice as soon as possible.
Reach Out to Our Indianapolis Workers’ Compensation Attorneys for a Free Consultation
Were you injured at work in Indianapolis, Indiana? Workers’ comp benefits may be available, and you may also have grounds for a third-party lawsuit depending on how the accident happened. Hankey Marks & Crider can handle your claim from beginning to end while you focus on getting better.
Our Indianapolis workers’ compensation attorneys are among the most experienced in the state. Call today for your free case evaluation.