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Indianapolis Worker’s Personal Injury Attorneys

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Employment throughout Indiana is booming, but it is particularly high in the Indianapolis metropolitan area. According to U.S. Bureau of Labor statistics, almost 1,045,000 people in the area have jobs, and the unemployment rate is only 3.4%. In fact, compared to 10 years ago, the workforce in the Indianapolis area has increased by about 200,000 people.

While increased employment is good for the economy, it also means an increase in work-related injuries. Statewide, the Indiana Department of Labor reports that about 31 full-time workers out of every thousand (73,800 individuals) suffer non-fatal injuries on the job every year, either because of accidents or by being sickened by something at the workplace, and another 146 or more workers are fatally injured each year.

If hurt while on the job, most workers in Indiana are entitled to Worker’s Compensation benefits to pay medical expenses, replace a portion of lost income and meet other needs,  as outlined in Indiana Worker’s Compensation law. However, some injured workers may also be eligible for significantly more compensation by taking legal action against a negligent third party with a personal injury claim.

If you were injured at work due to the negligence of someone other than yourself, a co-worker or your employer, then you may be able to file a personal injury claim to hold the party(ies) responsible for your injury accountable for their negligence and obtain substantial compensation for your pain, suffering, mental anguish, economic losses and other damages recoverable under Indiana law.

At Klezmer Maudlin, PC, we have extensive experience helping clients with both Worker’s Compensation and personal injury cases. We have been able to help more than 31,000 Indiana workers and their families receive the benefits they need and deserve and want to put our experience and knowledge to work for you.

If you or a loved one has been injured on the job, our Indianapolis worker’s personal injury attorneys would be glad to talk with you and answer any questions you have about Worker’s Compensation and personal injury claims. Please contact us to schedule a free consultation and get the advice you need to protect your rights and pursue justice.

 

What to Do If You Are Injured on the Job in Indianapolis

Many work-related injuries are very serious. Traumatic brain and spinal cord injuries, burns, electrocution, broken bones and other catastrophic harm can occur when another party’s negligence causes an accident. If you are injured on the job, it is important to take the steps necessary to protect your health and your legal rights, including:

  1. Get medical attention. If your injuries are severe, it is important to get prompt emergency care. If you haven’t seen a doctor yet, make it your first priority to do so. Your doctor will help establish the extent of your injuries and can help put you on the road to recovery.
  2. Notify your employer. It is important to let your employer know what happened as soon as possible. A brief description of the accident, including date, time, and what happened to cause your injury is usually sufficient notification to initiate the worker’s compensation process. The sooner you notify your employer, the sooner you can receive benefits (or hear about any dispute your employer or the worker’s compensation insurer has with your claim).
  3. Schedule doctor’s appointment and go to all of them. You can improve your chances of recovering and establish a clear medical record by following your doctor’s instructions. You should go to all of your follow-up appointments, as well as appointments with any specialists. If you have to miss an appointment because you are in too much pain, you should tell the office that when you call to cancel.
  4. Follow your treatment plan. If you are prescribed medication or medical devices like splints, casts, or crutches, follow the instructions for using these as closely as you can. By doing so, you help your doctors create the fullest possible picture of your injuries and the limitations you may face once you are fully healed. You also help give yourself the best possible chance at recovery.
  5. Talk to a lawyer. Choose a law firm with experience handling third-party worker’s compensation claims, where you feel comfortable speaking to the attorney who will work with you on your case. If you can, give your attorney any paperwork you have that relates to your case. Items such as medical bills, accident reports, police reports, and pay stubs may help your attorney calculate the full extent of your losses and prepare to fight for the compensation you deserve.

 

What Is the Difference between an Indiana Worker’s Compensation Claim and a Worker’s Personal Injury Claim?

Worker’s Compensation claims are filed when you are injured while at work and are seeking benefits from your employer’s insurance company. These benefits will cover your injury-related medical expenses and, while you are unable to work, provide tax-free weekly income benefits that are two-thirds of your average weekly wages.

The good news about Worker’s Compensation is that you can receive benefits no matter who was at fault for your accident. The bad news is that you are not allowed to sue your employer, even if the accident was your employer’s fault.

However, if someone other than your employer or a co-worker caused or partially caused your injury accident, may have the right to sue them for damages. This is type of lawsuit is known as a “third-party lawsuit” because it involves the negligence of a party other than you (the first party) or your employer and co-workers (the second party). In these cases, you may be able to seek damages from the third party to compensate you for your losses, in addition to any benefits you receive from Worker’s Compensation.

The Indianapolis worker’s personal injury attorneys at Klezmer Maudlin want to hear what happened to you and decide on your best course of action. We will advise you on (1) whether you are eligible to file a third-party lawsuit, and (2) whether filing a third-party personal injury lawsuit is in your best interest.

 

Why File a Personal Injury Lawsuit for an Indianapolis Workplace Injury?

Worker’s Compensation provides benefits for your workplace injury, so you may be wondering why you should even consider filing a personal injury lawsuit. The advantage of filing a lawsuit is that you can receive payment that may be substantially more than what Indiana Worker’s Compensation benefits provide.

Worker’s Compensation benefits pay for your medical treatment and part of your lost income. These benefits are very helpful for injured workers and their families, but if you receive a settlement or award in a personal injury lawsuit, you could receive payment for damages that Worker’s Compensation doesn’t cover. These damages may include compensation for physical pain and suffering, emotional distress, loss of enjoyment of life, inability to engage in your usual past-times and recreational activities, your family’s loss of your companionship, services and support and other damages recoverable under Indiana law.

The Indianapolis worker’s personal injury attorneys at Klezmer Maudlin have a combined 100 years of experience helping workers throughout Indiana who have been injured on the job. We are dedicated to helping you receive the maximum benefits that the law provides. We would be glad to provide a free case evaluation and let you know what options would be best for your situation.

 

Who Can You Sue for an Indianapolis Workplace Injury?

You may be able to sue a person, a company, or an organization to seek compensation for your on-the-job injuries. To sue someone, two things have to be true:

  1. The person or company you are suing cannot be your employer, and
  2. The person or company must be at least partially at fault for the accident that caused your injury.

In legal terms, saying that someone is “at fault” for an accident means that their action or inaction was negligent or wrongful and caused, partially caused or led to your accident injury. Under the law, carelessness or recklessness counts as “fault” if someone was obligated to be careful and they weren’t and because they weren’t, you were injured.

Based on our more than 25 years of handling workplace injury claims, here are some of the most common types of third-parties people sue:

  • Manufacturers of defective products. Manufacturers have a legal responsibility to ensure their products are reasonably safe. If you were injured because you used equipment or machinery that was not properly designed, not properly manufactured, or did not contain sufficient warnings of dangers, you may be able to sue the company that made the equipment or machinery. For example, a defective forklift can cause severe injuries, and the forklift manufacturer may be held responsible for injuries caused by that forklift’s defects.
  • General contractors. If you are an employee of a subcontractor on a job site, you may, in some circumstances, be able to sue the general contractor if their negligence caused or contributed to the accident that caused your injuries.
  • Employees of other employers. If someone is working with you on the same job site but has a different employer, you may be able to sue that worker if you were injured in an accident their negligence caused.
  • Negligent drivers. If your job duties involve being on the road as a driver, passenger or pedestrian, and a third-party driver causes or partially causes an accident where you are injured, you may be able to sue the driver for your damages.

 

The Indianapolis Worker’s Personal Injury Attorneys at Klezmer Maudlin Can Help You Get All the Compensation You Need and Deserve for Your Work-Related Injuries

Klezmer Maudlin personal injury lawyers have been helping injured workers in Indianapolis and throughout the state of Indiana for more than 25 years. We are known statewide for our legal knowledge and expertise in Worker’s Compensation law and wrote the Thomson Reuters guide, Worker’s Compensation Law and Practice. that lawyers throughout Indiana rely on.

We welcome the opportunity to discuss your case with you and help you determine if it would be beneficial to pursue a lawsuit. If you pursue a personal injury lawsuit, we will:

  • Investigate your accident and collect evidence to demonstrate who was at fault.
  • Gather evidence from videos, photographs, documents, reports, medical records, experts, and witnesses.
  • Prepare a compelling case demonstrating your full need for compensation for your current and future medical needs and loss of income and for the less tangible effects of your injuries, such as pain and suffering.
  • Negotiate with the at-fault party’s insurance company on your behalf.
  • Be ready to go to trial, if necessary, to get you the full compensation you are entitled to.

For a free consultation and case review, call us at 317-569-9644 or submit the “Get a Free Consultation” form on our website. We will get back to you quickly and will be glad to answer your questions and advise you on your best legal options. We do not charge any legal fees until we recover compensation for you.