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Indiana Worker’s Compensation Attorneys
We Wrote the Book on Worker’s Compensation in Indiana
Committed to Serving Indiana and Kentucky
Over 100 years of experience
Indiana Worker’s Compensation Attorneys
Advice From The Pros
Klezmer Maudlin Practice Areas
Fighting For Your Rights
“Randy and his staff was the best choice I ever made when it came to my workmans comp case. They were professional, answered any questions and most importantly, he helped me get what I deserved. I could not be more pleased! He is the best!!!”
“Randal Klezmer and his team were amazing!!!!! They did everything in their power to get what I deserved. They worked so hard for me and for that I am extremely grateful.”
“Excellent firm that keeps their clients at the forefront through the entire workers compensation case. Klezmer & Maudlin should be your first call after any work related accident.”
Frequently Asked Questions
Insurance companies look for many avenues to reduce the cost of your claim. One tact is to switch doctors when one recommends expensive treatments or keeps you off work for a prolonged period of time. This “doctor shopping” can result in your receiving less-than-excellent care or having a doctor who is not compassionate. This practice is oftentimes frowned upon by judges, and you should not tolerate it if you are pleased with the doctor who is providing care for you.
If the worker’s compensation insurance company wants to shop for a doctor, and you are pleased with the one you have, contact one of the attorneys at Klezmer Maudlin and we will help you preserve the care you deserve. We have offices in Indianapolis, Evansville, New Harmony and Jeffersonville/Louisville and are here to provide you with the help that you need.
If your injury is being covered by worker’s compensation, Indiana law says that your employer shall pay you for your loss of wages if your medical treatment or travel to or from the place of treatment causes a loss of working time to yourself. Your employer must reimburse you for your lost wages using your average daily wage.
Under this law, Indiana Code 22-3-3-4, the worker’s compensation insurance company is not required to pay you, but your employer is required to pay you. We receive a lot of calls on this issue. If you need help receiving payment for missing work due to medical appointments during a worker’s compensation claim, please call one of our attorneys. We are located in Indianapolis, Evansville, New Harmony, Jeffersonville, and handle cases for injured workers throughout the State of Indiana.
We talk to a lot of people who have trouble getting prescriptions filled. Most insurance companies will provide an insurance card for the injured worker to use at a pharmacy similar to a health insurance card. That insurance card allows the injured worker to simply receive medications at a pharmacy at zero cost to the injured worker. The cost of the prescription is billed directly to the insurance carrier.
Unfortunately, we run into issues where the insurance card is not activated, the pharmacist says that the medication is not authorized, and our clients are unable to get prescriptions on a timely basis.
Under our Indiana worker’s compensation laws, insurance carriers must provide all medications ordered by the authorized treating physician. There should be no delay or hiccups in an injured worker’s ability to pick up these medications.
If you run into an issue where prescriptions are not available for you when you present the worker’s compensation insurance card to the pharmacy, please give us a call. We can help you get the benefits you are entitled to for your claim.
The Indiana worker’s compensation laws are a tradeoff. They are intended to provide immediate benefits in the form of lost wages and medical treatment to injured workers without regard for fault. In turn, the worker cannot sue the employer even if the employer is at fault. If you are injured at work, therefore, you are entitled to benefits set under the law, but are not entitled to file a lawsuit against your employer. These benefits include lost wages, medical expenses, and impairment. You may also be entitled to total disability.
Can you sue anyone for the accident? Maybe.
When you are injured at work, you or your attorney need to look at fault in who caused the accident. If your accident was caused due to the fault of the party or person other than your employer, you may have the right to sue that “third party.” Attorneys call these cases third party cases because they are a case filed against someone other than your employer.
Examples of third parties might be
- motorists in a vehicular accident,
- machine manufacturers,
- the employee of another company working where you work,
- a general contractor on a construction site,
- the manufacturer of a forklift, and
- any other person or company other than that for which you work.
If you have questions on whether you have a third party case, please let us know. The primary advantage of having a third party case versus worker’s compensation case is that they can be worth a lot more money. Worker’s compensation limits your recovery, but third party cases are worth money for future wage loss, pain and suffering, and future medical expenses.
Our firm receives tons of calls on this topic. In Indiana, the worker’s compensation insurance company, or your employer, does have the right to select the doctor to provide treatment for your work-related accident. Those selected doctors will be in charge of assigning work restrictions. If your employer claims that it has light duty work that will remain within those medical restrictions, you will be offered light duty work that you are expected to accept.
Many employers intentionally or sloppily ignore light duty restrictions. This is wrong, and unfair to you. No one wants your restrictions to be ignored because it could be a setback in your treatment, cause a new injury, or make it so that you cannot return to work after your treatment has ended.
If you need assistance with dealing with a violation of light duty restrictions, call the attorneys at Klezmer Maudlin. We typically advise individuals who contact us to notify the supervisor of this light duty violation. If the supervisor doesn’t help, maybe contact that person’s supervisor. If that doesn’t help, let the insurance adjuster know because the adjuster doesn’t want your injury to worsen. That will cost the insurance company more money and require the insurance company to pay for more treatment. Ultimately, if all of these steps fail, a judge can help. The problem with a judge is that it is not an overnight process. It can take time to get a court date.
An injured worker may receive a settlement in a worker’s compensation claim. Typically, settlements are owed if the worker has an injury that is diagnosed as permanent. To evaluate the permanency of an injury, insurance companies typically hire doctors who enjoy receiving insurance referrals. Worker’s compensation carriers pay physicians well and, as a result, doctors enjoy doing worker’s compensation cases.
There are many excellent, credible, and honest worker’s compensation doctors also. However, some popular worker’s compensation physicians assign low PPI’s as a way to please the insurance company who refers cases to them, and continue to get more referrals.
Our firm knows which doctors tend to give very low PPI’s. If you do not have experience with a worker’s compensation case and do not know these doctors, there is a good chance that you may be assigned a low PPI and, therefore, receive a lot less or no money from your disability. One of the benefits of hiring an experienced worker’s compensation attorney is the attorney has experience with the tricks insurance companies tend to play.
Please remember, if you do not have an attorney, that you are entitled to hire a physician you select to assign a PPI. If you want an experienced attorney on your side, please contact the attorneys at Klezmer Maudlin.
We get this question often here at Klezmer Maudlin. The simple answer is, maybe. The old adage that if you feel something is wrong, it probably is, comes to mind when answering this question. If your benefits are getting paid, but you are getting sent to different doctors by the worker’s compensation insurance carrier to avoid providing expensive medical care, then you probably need any attorney. If your benefits are late or underpaid, you probably need an attorney. If all of your injuries are not being properly treated, you probably need an attorney. We recommend that you use your best judgment in deciding whether or not to hire an attorney. We are here to help, and the earlier we are involved in a claim, the greater likelihood of a fair outcome for our clients.
Your employer cannot fire you for hiring an attorney for your worker’s compensation claim. Additionally, your employer cannot take any adverse employment action against you for filing or having a worker’s compensation claim. However, the unfortunate reality is that many injured Hoosiers lose their jobs, due to being unable to return to their pre-injury level of employment. Often, employers take the position that they do not have work to offer injured workers within the restrictions they are assigned at the conclusion of their case and medical care. Having an attorney in your corner during your claim will ensure that you understand your rights and responsibilities under Indiana’s worker’s compensation laws.
If you are an employee in either Kentucky or Indiana you may be able to get wage replacement benefits (Temporary Total Disability, or TTD) by making a claim for Worker’s Compensation.
In Kentucky, Governor Bashear has issued an executive order stating that any employee who is told to stay home and self-quarantine is automatically allowed to receive TTD benefits as long as he or she meets the following criteria:
- the doctor states the reason for self-quarantine is due to occupational exposure to COVID-19
- the employee would normally qualify for Worker’s Compensation benefits.
The usual one-week waiting period before TTD benefits begin is waived. The order makes it more difficult to deny benefits to first responders like health care workers, emergency first responders, grocery, corrections, and some other workers.
In Indiana, the employee still has to prove their exposure to COVID-19 happened at work for the employee to be able to recover Workers Compensation benefits under the Act. The Worker’s Compensation Board has urged employers to communicate to their employees, in advance, how they plan to handle situations under the following circumstances:
- quarantining at the direction of the employer due to a confirmed or suspected Covid-19 exposure,
- a Covid-19 diagnosis from a physician without a test,
- a presumptive positive Covid-19 test, or
- a laboratory-confirmed Covid-19 diagnosis.
Wage replacements benefits in Indiana would begin on the 8th day you are taken off work. If you are off work for more than 21 days, then the employer is required to pay the first 7 days of TTD to the employee.
Ultimately, whether full worker’s compensation benefits are awarded to an employee is a fact-based determination specific to each employer, job, and employee. Should a worker contract COVID-19, the employee will ultimately have to prove their exposure arose in the course and scope of their employment, unless they are a Kentucky worker who is specifically enumerated in Governor Bashear’s executive order – but even there the company can rebut the presumption.
Whether you live in Louisville, Kentucky or Indiana, in every instance the worker should make sure their doctor is very specific in the order placing the employee off work for either quarantine or because they have contracted COVID-19. The doctor’s order must specifically state they contracted COVID-19 while at work. Make sure you tell your employer that you have been placed off work and be ready to show them a copy of the doctor’s order placing you off work.
We get asked often whether a worker’s compensation claim is basically a lawsuit “against your employer.” The short answer is “no.”
99% of employers carry worker’s compensation insurance. Just as you carry auto insurance or homeowner’s insurance, claims are paid by the insurance company, not the owner of the policy.
A small percentage of Indiana employers are self-insured. Only large employers, who seek permission from the Indiana Worker’s Compensation Board, are self-insured. With the self-insured employers, any money paid in the claim is paid by the employer’s money. This is a small minority of employers, as almost all are covered by an insurance policy and that insurance company pays if you file a claim.
In Indiana, it is against the law to tell jurors that a defendant such as a land owner, home owner, property owner, etc., is covered by liability insurance. However, in the history of our firm and other firms that we discuss this topic with, lawsuits against property owners are always against property owners with insurance. It is very frustrating that a jury cannot know that insurance will pay any jury verdict, but that is the case. For example, if we file a lawsuit against a homeowner for a slip and fall on a driveway, that homeowner will be covered by homeowner’s insurance and that insurance company will pay the claim; however, the jury deciding the case will not know that the funds will come from the insurance company.
This is a good question and one we at Klezmer Maudlin, PC hear a lot. Even though hiring an attorney is thought to be expensive and time-consuming, we have streamlined the process for the ease of all of our clients and potential clients. Just to get this out of the way, there is ZERO up-front cost to hire us to handle your worker’s compensation claim. Our attorney’s fee is paid ONLY if we recover money for you. If we are able to recover a settlement, back pay, or a judgement/award from the Worker’s Compensation Board; we are entitled to a percentage of that settlement as our fee. Generally, that percentage is 20% of any recovery, but that number can actually go down depending on the amount or type of recovery you make. We also collect our litigations expenses out of a financial recovery, but you will never receive any sort of bill from us. If we do not recover anything for you, you owe nothing. You can contact our firm by email, phone, or even text message to get the ball rolling on your case. All paperwork to retain our services can be submitted electronically, so you don’t have to worry about the time and expense of travel to our office when you are hurt. We serve the entire state of Indiana, as well as workers who need us in the greater Louisville area. (Yes. We are licensed in Kentucky.)
Most cases that we handle here at Klezmer Maudlin, PC end up with some form of monetary/cash settlement. There are many issues that can arise during your worker’s compensation claim that we believe require quick action and zealous representation. A knowledgeable and proactive worker’s compensation attorney will take care of these issues expeditiously so that the claim can be resolved quickly with the settlement you deserve, and without a hearing. In this day and age, approximately 95% of the claims we handle resolve without the need for a hearing before the Worker’s Compensation Board. We do our very best to maximize all of our clients’ recovery and aim for the best resolution of each case; whether that includes additional medical treatment, money for future medical needs, lump sum settlements, or arguing the case before the Indiana Worker’s Compensation Board. We fight for you, period.
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Klezmer Maudlin Locations
Find a Klezmer Maudlin Office Near You
8520 Center Run Rd. Indianapolis, IN 46250
Ph: 800.809.3776, Fax: 317.569.9646
607 Watt St. Jeffersonville, IN 47130
Ph: 812.425.3180, Fax: 317.569.9646
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