Do I Have a Workers’ Compensation Case?

As Workers’ Compensation injury attorneys, the attorneys at Klezmer Maudlin get asked all the time whether someone has a worker’s compensation case. We interpret this question to mean can the worker receive a settlement and/or pain and suffering.

Under Indiana’s workers’ compensation laws, no component offers pain and suffering money to an injured worker. However, a worker can receive a settlement if the worker has a permanent injury caused by the work accident. The determination of permanency is up to a credible doctor.

Settlements could also be provided to workers who have lifetime medical care needs after the workers’ compensation doctor completes treatment. Workers’ compensation authorized physicians will often minimize the permanency of your injury, resulting in the insurance company making a lowball settlement offer. These doctors will sometimes fail to outline your future medical needs as part of the final medical report. This also might let the insurance company get away with not paying for your future medical needs. Both tactics are well known to Klezmer Maudlin attorneys, and we will protect your rights and do everything to ensure maximum recovery.

Workers can receive significant settlements if the worker has what attorneys call a personal injury or third-party case. If you are hurt at work, but the accident happened due to the fault of another company or a person who worked for another company, attorneys call those third parties. Under the law in Indiana, a worker can sue a third party but cannot sue their employer for pain and suffering. If you identify a third party, you could have a significant monetary case. You can collect money for pain and suffering, future lost wages, and other damages not offered under our work comp laws.

The worker’s compensation laws offer settlements for permanent injuries and/or injuries resulting in lifetime medical care needs. As a general rule, personal injury cases are worth a lot more than workers’ compensation cases. To have a good personal injury case, you must identify a third party, and the third party needs to be negligent or at fault for your accident.

If you have questions or need assistance, please contact the attorneys at Klezmer Maudlin. Our attorneys handle worker’s compensation claims statewide. We have physical offices in Lafayette, Indianapolis, Jeffersonville/New Albany, and Evansville/New Harmony.