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Indiana Worker’s Compensation Attorneys
We Wrote the Book on Worker’s Compensation in Indiana
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Offices Throughout Indiana
Committed to Serving Indiana and Kentucky
Over 100 years of experience
Klezmer Maudlin Practice Areas
Fighting For Your Rights
Frequently Asked Questions
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.
Our attorneys are asked often whether or not a worker can receive Indiana worker’s compensation benefits when they had a similar medical condition in the past that was aggravated at work. The answer is emphatically “yes”.
In Indiana, a worker is eligible for Indiana worker’s compensation benefits when he or she had a pre-existing medical condition and can prove that the condition was aggravated and/or made worse by a work accident or incident.
It’s important to note that the injured worker does have the burden of proving that the work accident or job duties made the condition worse. If the injured worker received ongoing medical treatment for that pre-existing medical condition for weeks and months leading up to the work accident, the burden of proof may be hard to meet. If, however, there was some time gap between the last pre-work medical treatment and the work incident, the worker will have an easier time with his/her burden of proof.
Our attorneys are committed to helping our clients get the compensation they deserve. To have a successful case, our attorneys ideally like to see documentation in the initial medical treatment records immediately after the work accident that the worker complained to medical professionals that an incident at work made the pre-existing condition worse. If you would like one of our attorneys to review your case, please let us know. There is no fee until we make a recovery.
If this is the case, we believe you need our help right away. Insurance companies know every trick in the book, but so do we. Even when a temporary total disability check is a few days/weeks late, your bills are still coming and need to be paid. We understand that fact as well as anyone. If the worker’s compensation insurance carrier is not paying the benefits that you are entitled to in a timely manner, we will file your claim and request an emergency hearing with the Worker’s Compensation Board. We will seek to get your benefits paid as soon as possible. If the behavior is egregious enough, we may even file for monetary penalties for the carrier’s poor behavior. We are here for you and will help you fight for your benefits.
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.
If your employer denies your claim or does not pay your benefits it is important to get a worker’s compensation attorney. It costs nothing to hire an attorney upfront at Klezmer Maudlin. We will only receive payment if you recover additional money. If you would like a fair settlement for your injuries, it is important that you contact a workers comp lawyer.
The main question to ask when deciding whether you should file a worker’s compensation claim or personal injury claim is “Whose fault was it?”
If the injury was in some part your fault while performing your work duties, you should file a worker’s comp claim. In a worker’s comp case, you do not have to prove the fault of an employer, co-worker, or other party. You are still entitled to receive benefits even if the injury was, in some part, your fault. If the injury was due to the negligence of an employer, co-worker, or third party, you may have a personal injury case. Unlike worker’s compensation claims, you must prove that another party was at fault for your injury.
In both worker’s compensation and personal injury claims you are entitled to compensation for medical expenses, lost wages, and loss of future earning capacity. In a personal injury case, however, you are also entitled to compensation for pain and suffering resulting from the injury.
The very first thing that you must do after a personal injury is go to the emergency room. People don’t always do this because they believe that they weren’t hurt badly enough, but how you feel after the accident does not determine whether or not you need to see a doctor
Not every injury is visible after you experience an accident, and not every injury is painful. You may have an injury that would ordinarily be very painful, but you aren’t experiencing pain because of the adrenaline rush that often accompanies serious accidents, such as a fall. You can also have internal bleeding that you wouldn’t know about because you do not necessarily have an external injury. If you have internal bleeding, you will need immediate medical attention, so do not delay.
If an injury has occurred during your accident and you do not go to the emergency room right away, you will not receive prompt treatment for your injuries. These injuries may heal, but they could also get worse. By the time that you know you have an injury, it may be at an advanced stage and harder to treat.
The other reason that you can’t refuse to seek medical treatment is because of the way the at-fault party’s attorney will characterize this inaction. When you file a claim against the at-fault party’s insurance company, the company’s attorney will make the argument that you weren’t seriously hurt because you didn’t take the time to go to the emergency room. This may jeopardize your case and cause you to be offered less money than you are entitled to receive.
The other reason that you need to seek medical attention right away is because your doctors will document your injuries and treatments and will also provide a prognosis. This is invaluable information for your attorney who will need to demonstrate that the at-fault party is responsible for causing the accident that caused your injuries.
When you call an ambulance, you also must call the police. They will investigate the accident and write a report for you. Your attorney is also going to need a police report to help determine who is responsible for the accident. Police officers will interview the witnesses and take these people’s information so that your attorney will be able to contact them later. They know how to preserve and gather evidence so that it can be removed without being compromised.
While you are at the scene of an accident, it will help your workers comp lawyer if you begin to write a daily journal about the accident. Start by describing everything you remember about the accident. Every day after that, write about how your injuries are progressing. When you are at the scene of the accident, take pictures of the damages to your property. Take these pictures from every angle possible. Definitely take photographs of your injuries. It will also be helpful if you take several pictures of the scene of the accident. If it is a car accident, take photos of traffic signs and the condition of the road.
Keep your photographs together in a safe place and add all of the correspondence you receive about the accident to this pile of paperwork. These documents include every medical bill, every receipt, prescriptions and other medical expenses. Also, keep a log of all of your medical appointments and travel expenses. You will also need to keep proof of your financial losses and any lost wages.
After you arrive at home, you will need to contact an Indianapolis workers comp lawyer. This is something that cannot wait, so make sure that you do this right away. This is especially important if you or your passengers have been seriously hurt. The time to hire a personal injury attorney is if the following three descriptors apply to you:
- You have been out of work for more than two or three days.
- You have broken bones.
- Your medical bills amount to more than $2,000.
You also have things that you should not do after a personal injury accident. Even if you believe that you may have been partially or fully to blame for the accident, do not admit it! Don’t apologize to anyone, and don’t even tell your own insurance agent that you are to blame. You could jeopardize your case if you do this. There is no reason for you to talk to anyone about the accident other than your personal injury lawyer, so refrain from doing so.
When you are ready to search for an Indianapolis personal injury law firm, take your time. Interview several before you make a final decision. You may even want to meet an attorney in person to get to know his or her personal style. After you have chosen the compensation attorney you believe will be the best for you, you can sign a fee agreement with the law firm, and your attorney will begin working on your case.
You need to hire an workers compensation lawyer after the occurrence of an accident involving negligence. Always seek legal counsel if your injury was caused by a negligent person or business. Do not try to determine whether the other party committed negligence. A personal injury attorney will decide if you are the victim of a negligent act. It is important to contact a personal injury lawyer as soon as possible if you are suffering from a serious injury.
You do not need to hire a personal injury lawyer in indianapolis if you are only experiencing minor symptoms, including cuts, scrapes and bruises. However, it is best to make an appointment so that an attorney can study the details of your case. You may think that your injuries are minor. But a personal injury attorney may have a different opinion about your legal situation. You need to hire an workers compensation lawyer who has a deep comprehension of legal regulations regarding personal injuries caused by negligence. Unless you are a professional attorney, your financial future is at stake if you take the law into your own hands.
Remember that your first consultation is free. So, it is in your best interest when you speak with an attorney about your potential lawsuit. A personal injury lawyer represents your case on a contingency fee basis. When you pay a contingency fee, you do not provide any other fees during the process of legal representation. In the event you need a loan to pay for expenses, consider speaking to a lawsuit loan firm. You are only required to pay your attorney a previously specified percentage of the settlement if you win your lawsuit.
You need to hire a compensation attorney if your injury has caused you to owe money for medical tests and treatments. Your lawyer ensures that all your hospital bills are paid on time. You do not want to wait too long to make an appointment with a knowledgeable personal injury lawyer. The state in which you reside has a statute of limitations on the amount of time in which you are permitted to file a negligence lawsuit. If you procrastinate, you may lose the opportunity to file your claim against the negligent party. Contact a personal injury attorney as soon as you are released from the hospital emergency room.
If you hire a personal injury lawyer, your attorney will also help you negotiate with the adjuster assigned to your insurance claim. Insurance agency adjusters typically try to avoid paying large sums of money for injuries. Hiring a compensation lawyer gives you the chance to obtain a reasonable amount of compensation for your insurance claim and an additional sum awarded by the court. If you negotiate with the negligent party’s insurance agency, you may harm your chances of obtaining satisfactory remuneration. You need to hire a personal injury attorney if an insurance adjuster asks you to sign any type of release form. Signing the form without legal representation may prevent you from filing a lawsuit entitling you to win a substantial legal settlement.
You need to hire a personal injury lawyer if your injury prevents you from returning to work. If you are suffering from a traumatic brain injury or paralysis, you may find it difficult to obtain employment. Your attorney knows how to negotiate with the negligent party’s lawyer in order to reach a financial settlement. Your settlement award may also include compensation for the fact that you are no longer able to earn money at a job. If you have a disability as a result of a car accident or another type of negligent act, you do need to work with a personal injury attorney.
You need to hire a compensation attorney if the negligent party’s insurance agency does not offer you fair compensation for your injury. Do not settle for less than you deserve. Working with an experienced attorney gives you the satisfaction of knowing that you will receive the maximum settlement amount to compensate you for your injury. Even though you are required to reimburse your attorney via a contingency fee agreement, you still have a chance to receive a sizable sum of money. Focus on the fact that you will not obtain any additional funds if you do not hire a personal injury lawyer.
Most Indianapolis compensation lawyers charge their fees on a contingent basis. When an attorney charges a contingency fee, people who have been injured are not required to pay money up front to retain him or her. This type of fee arrangement allows people who might not otherwise be able to afford to pay attorneys’ fees up front to get legal help. Since the attorneys will not be paid for their legal work unless they secure settlements or verdicts for their clients, personal injury lawyers screen potential claims before they agree to accept them.
Contingency fee arrangements
In a contingency fee arrangement, people do not have to pay for their attorneys’ fees when they retain them. The workers comp lawyers will instead deduct their legal fees out of the settlements or verdicts that they might ultimately recover for their clients. Many personal injury attorneys will charge their clients for expenses that are associated with their cases. These legal expenses might include court filing fees, investigator fees, expert witness fees, and others.
How much attorneys charge for contingency fees
Compensation lawyer do not charge flat contingency fees. Instead, they charge a percentage of the settlement or verdict that they recover. In most cases, the attorneys’ contingent fees will range from 33 percent to 40 percent. For example, if a settlement or verdict is $100,000 and the attorney charges 33.33 percent, the workers comp lawyer will subtract $33,330 from the $100,000 for his or her fees.
Shifting contingency fee limits
In many states, there are limits that are placed on contingency fee percentages that depend on the stage of the case. When you retain a personal injury lawyer, he or she will value your claim and send a demand letter to the insurance company. The demand letter will demand a settlement amount and explain your injuries. The company may make a counter-offer, and some cases are able to be settled through negotiations without having to file formal lawsuits. If your attorney is able to negotiate a settlement for you without having to file a lawsuit, it is unlikely that he or she will charge you an amount that is greater than 33 percent.
In states that have shifting fee limits, people might expect to pay higher percentages of their settlements or verdicts if their cases do not settle before they file lawsuits. If you live in one of these states and settle your claim after you file a lawsuit, you may be charged up to 40 percent by your attorney.
Paying for costs and expenses
While your case is pending, your attorney may cover the costs and expenses for you or ask you to pay them as they are incurred. These costs may include the expenses associated with getting copies of your medical records and the police reports, fees that are charged by investigators and expert witnesses, filing fees, deposition costs, and the costs involved with trial exhibits. These fees may be charged in addition to your workers comp lawyer’s contingency fee.
How the contingency fees and expenses are paid
If your Indianapolis compensation lawyer successfully negotiates a settlement for you or wins your case at trial, the check for the settlement or for the verdict will be sent to your workers comp lawyer. This is done to make certain that the personal injury lawyers are able to be paid for their work. Your workers comp lawyer will deduct his or her fees from the settlement amount and issue you a check for the balance. Your attorney will explain the amount that he or she will be deducting for his or her fees along with the costs and expenses if you did not pay for them while your case was pending.
Contingency fee arrangements help injured victims to get help from experienced personal injury lawyers. Since claimants will not have to pay for the attorneys’ fees upfront, contingency fee arrangements allow more people to have access to workers comp lawyers.
This type of fee arrangement allows people who might not otherwise be able to afford to pay attorneys’ fees up front to get legal help. Since the attorneys will not be paid for their legal work unless they secure settlements or verdicts for their clients, personal injury lawyers screen potential claims before they agree to accept them.
If you’re involved in a car accident or any other kind of accident where someone else is at fault, there are several outcomes that could occur. You might be able to walk away from the accident with no injuries at all. It’s possible that you could have a few scratches or bruises. There is also the possibility that you are severely injured and need to seek medical attention. If you’re like many people, you might wonder if you should even seek medical attention after an accident. For most situations, you should get some kind of attention so that you have proper documentation about any possible injuries and for your own safety. This information can be given to your indianapolis personal injury lawyer and the insurance companies that are involved so that your claim can be filed in a proper manner. If you are injured in an accident, then there is a possibility that you can receive more money in your settlement. Some of the money involved will likely be earmarked for medical payments and any treatment that you might need.
Keep in mind that a personal injury is any type of injury that occurs because of the negligent acts of another person. Some insurance companies and courts refer to a personal injury as a bodily injury. When you think of a personal injury, you might think of a car accident at first. While you can be injured in a car accident, this isn’t the only kind of situation that could result in an injury. You could be injured at your place of employment or while you’re at a business. A personal injury could also occur at home or at someone else’s home. Dog bites, boating accidents, and situations where security is neglected can also be situations where you would need to seek medical attention because of an injury.
After an accident, you should be treated by a medical professional. Follow all of the orders that are given by your doctor. If the insurance company sees that you’re not following what a doctor recommends or that you’re able to do more than you’re limited to, then you might lose your claim or receive a reduced amount. Avoid talking about the accident or your injuries with the insurance company until you’ve talked to your indianapolis personal injury attorney. The things that you say can be used against you at a later time, especially if you don’t have the documentation needed to back up your statements.
If the adjuster for the other person’s insurance company contacts you, then avoid talking to this person. Don’t discuss any details of the accident. You should also avoid talking to the attorney for the opposing side. The compensation attorney you hire can handle the communication involved. Any medical documents should be given to your compensation attorney, and you should keep copies for yourself as well.
Most insurance companies want you to see a medical provider within the first 72 hours of an accident. If you’re not injured, you should still visit a provider so that you can get a statement showing that you don’t have any injuries. If you clearly see that you’re bleeding or that there are broken bones or other issues, then you need to seek medical attention as soon as possible. An ambulance could be dispatched to the scene when the accident occurs. This is the time when you need to follow the recommendations of the emergency professionals and go to the hospital if needed. The ambulance will have the proper medications and any emergency supplies that are immediately needed for you until you get to the hospital. Sometimes, you might not realize that you’re injured until you do get to a medical provider.
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