Q. If I am injured, should I worry about losing my job?
A. Usually, your employer will rehire you once you are medically cleared to return to work. If your employer does not rehire you, your employer’s decision may be completely legal and leave you out of a job. However, under both the Americans with Disabilities Act and Indiana law, you might have recourse if your employer refuses to accept you back to work. To find out if you are protected by federal and Indiana law, contact Klezmer Maudlin by completing the form on the left column of this page, or call our office at 1-800-809-3776.
Q. Can my employer fire me while I am off of work recovering from a workplace injury?
A. There is no prohibition in the Indiana Worker’s Compensation Act. Prohibitions against termination are covered by Indiana’s labor laws, which favor allowing employers to fire at will.
Q. If Indiana requires my employer to cover work injuries, why do I need an attorney?
A. Indiana’s Workers’ Compensation laws are written in a way which tends to favor the employer as opposed to the injured employee. A free legal consultation with an attorney experienced in the Indiana workers’ compensation system will help you to better determine whether or not your rights are being fully respected and whether legal representation is needed. Hiring an attorney during your claim can decrease the number of disputes and increase the speed of resolving any disputes that may arise.
Q. Can I trust the insurance company to pay me what is owed under Indiana law?
A. No.
Q. What should I do if my employer forces me to do work that is not within my restrictions?
A. There is no single or simple answer to this question. The Indiana Worker’s Compensation Act does not specifically prohibit violations of work restrictions.
Q. What benefits am I entitled if I get injured?
A.Typically Workers’ Compensation Benefits, include:
- Payment for medical expenses
- Lost wages (called temporary total disability benefits)
- A settlement if the employee suffers a work place injury that becomes permanent. Catastrophically injured workers’ can also recover additional workers’ compensation benefits referred to as permanent total disability benefits.
However, each case is different. We can help you determine and receive all of the benefits to which you are entitled. For more information contact us using the form on the left column on this page or call our office at 1-800-809-3776.
Q. Can I go to my own doctor or do I have to go to the doctor my employer chooses?
A. It depends. The Indiana law states your employer has the right to select the medical providers. You need to attend the appointment with your employer’s doctor(s) in order to avoid possible termination of your benefits. On the other hand, if you are unhappy with your employer’s doctor, the law allows you to request an independent medical examination at a specific point in your case. Only in extreme and very rare cases of abuse can the injured worker select the medical providers. However, merely refusing treatment with the employer’s doctor just because you do not like him/her is not a sufficient reason. For more information about choosing your own physician, contact us by using the form on the the left side of this page or call us at 1-800-809-3776.
Q. What if my employer does not have workers’ comp insurance?
A. Employers who fail to carry workers’ compensation insurance can be penalized under Indiana law. Irresponsible employers can be subject to an award of double damages by the Indiana Workers’ Compensation Board and can be fined and ordered to cease doing business in Indiana. In addition, if your employer had contracted with another company in performing work on which you were injured, it is likely that another company could be responsible to pay workers’ benefits to you. To find out whether or not damages can be obtained from your irresponsible employer or if another party might be responsible for workers’ compensation benefits, please contact us by using the form on the the left side of this page or call us at 1-800-809-3776.
Q. How much are Klezmer Maudlin’s attorney fees?
A. All Indiana Worker’s Compensation attorneys charge the same because fees are set by Indiana law. Klezmer Maudlin can only charge a percentage of any recovery received and will not charge you an up front fee for our services. Under the Indiana Workers’ Compensation Act, attorney fees are limited to $200.00 plus 20% of the first $50,000.00, and 15% of any remaining balance. If you have any questions regarding our attorney’s fee, please contact us by using the form on the the left column of this page or call us at 1-800-809-3776.
Q. Can I sue my employer for the accident?
A. The Indiana Worker’s Compensation Act does not allow an injured worker to sue the employer in the traditional sense for a work accident. The employee is limited to seeking review by the Worker’s Compensation Board. However, you may bring a lawsuit against third parties (these include employees of other companies, general contractors on construction sites or any other person or company) if the third party’s negligence was a cause of your accident. Klezmer Maudlin can help with a lawsuit against a third party.
Q. Can I recover money for pain and suffering for a workplace injury?
A. Generally, no. The only exception is when your injury was caused by something or someone other than your employer. These cases are not dealt with under the Indiana Worker’s Compensation Act, and would be a separate lawsuit.
Q. What if a dangerous or malfunctioning machine caused my injury?
A. Workers injured due to defective equipment or machines may be eligible for monetary damages from the manufacturer, seller, and/or designer of the defective product. Klezmer Maudlin will consult with design experts to determine whether the injured worker is eligible to receive additional damages that the Indiana Workers’ Compensation Act does not provide. These damages can include full lost wages, future lost wages, pain and suffering, and compensation for permanent disfigurement.
How do we charge?
Our office does not charge for a consultation. If you decide to hire us, we charge no fee up front in most cases. Our attorney fee is set by Indiana law and Indiana law limits our fee to 20% when you recover up to $50,000.00. For recoveries above $50,000.00, our fee is limited to 15%. With limited exceptions, we also will collect our out-of-pocket expenses from the recovery and not from you. If you hire us with an offer already given to you, we will typically agree not to charge an attorney fee unless we recover additional money. For example, if you hire us with an offer already of $5,000.00 and 3 months later we tell you we can only get you $5,000.00, we will typically not charge you. We will discuss this in more detail at the initial meeting and put our agreement in writing.
We serve clients all over Indiana, including Indianapolis, IN | Fishers, IN | Carmel, IN | Noblesville, IN | Plainfield, IN | Greenwood, IN | Franklin, IN | Richmond, IN | Anderson, IN | Muncie, IN | Marion, IN | Kokomo, IN | Lafayette, IN | Terre Haute, IN | Bloomington, IN | Columbus, IN | Martinsville, Lebanon, IN | Ft. Wayne, IN | Evansville, IN | South Bend, IN | Hammond, IN | Gary, IN and the counties of Marion County, IN | Hamilton County, IN | Boone County, IN | Hendricks County, IN | Morgan County, IN | Johnson County, IN | Shelby County, IN | Hancock County, IN | and Madison County, IN .
