Workplace Injury Attorneys Serving Indianapolis, IN
When you’ve been hurt at work with an injury, illness, or disease, Indiana workers’ compensation law might entitle you to receive financial benefits and payments that can help you during your recovery. If you are having trouble getting benefits from your employer, an Indianapolis workers’ compensation lawyer from Klezmer Maudlin, PC can help you assert your rights.
Our firm advocates for workers who have suffered injuries or illnesses during their jobs. We hold employers and insurers accountable under the law. We represent people who need the maximum compensation for past and future lost wages and to make sure their medical expenses are covered. If your injuries are permanent, you may be entitled to a settlement. Contact us today to see how we can help you.
Don’t wait to get the legal help you need. Call Klezmer Maudlin, PC for a free consultation to discuss your rights with a knowledgeable workers’ compensation attorney in Indianapolis at (317) 623-4238
Why Choose Klezmer Maudlin, PC for Your Workers’ Compensation Case?
The workmans compensation system can be difficult to navigate. You may be entitled to more than one type of workers comp benefits. At Klezmer Maudlin, PC, we believe that we stand out amongst other top-rated workers’ compensation law firms for several important reasons.
Clients choose us to help them with their workers’ compensation claims because:
- Our team of attorneys has over a century of combined legal experience.
- We have offices in Indianapolis, Jeffersonville, Lafayette, and Evansville/New Harmony to assist clients throughout the state. Our workers comp lawyers also practice in Kentucky and serve workers in the greater Louisville region.
- We wrote the book on workers’ compensation in Indiana, literally. Our attorneys authored the Indiana Workers’ Compensation Practice Manual, which attorneys in the state rely on as a resource for understanding the practice of workers’ compensation law. Our peers in the Indiana legal community recognize our knowledge and experience and frequently invite our attorneys to speak at seminars on workers’ compensation and work injury claims.
- Clients have no upfront obligations when hiring us for their workers’ compensation claims. We offer free initial consultations and charge no legal fees or expenses unless and until we recover financial compensation for our clients.
What Benefits Can You Receive in a Workers’ Compensation Claim?
Under the Indiana workers’ compensation system, your employer may need to provide you with various financial benefits if you sustain an injury or illness in the course and scope of your employment.
These benefits may include:
- Medical benefits cover the cost of all reasonable and necessary medical treatment and rehabilitation services to help you recover from a work injury or occupational disease.
- Temporary total disability benefits pay you two-thirds of your pre-injury/illness average wage (subject to a cap) for days you miss from work.
- Temporary partial disability benefits pay you if you need to work part-time or in a lower-paying modified duty role while you recover. They provide two-thirds of the difference between your current lower earnings and your pre-injury/illness average weekly wage.
- Permanent partial impairment benefits are available once you reach maximum medical improvement of your injury. They pay you for impairment or loss of use of a body part or bodily function based on the specific body part/function and the degree of impairment.
- Permanent total disability benefits compensate when your injury indefinitely disables you from gainful employment.
- Vocational rehabilitation services cover the cost of training you to do another job within your medical limitations.
- Death benefits pay up to $10,000 towards funeral/burial costs plus replacement of the worker’s wages equal to temporary total disability benefits.
Workers’ Compensation in Indianapolis, IN
According to the Indiana Department of Labor, there were 3.1 injuries/illnesses per 100 full-time workers in one recent year, the lowest rate of non-fatal worker injuries and illnesses since the state began documenting injury rates in 1992. An estimated 73,800 workers in Indiana experienced a non-fatal, recorded work injury or illness.
Almost 60 percent of recorded non-fatal injuries and illnesses resulted in one or more days off work. Workers who suffered non-fatal injuries and illnesses in just one year spent a median of 11 days off work.
Industries with the highest rates of non-fatal injuries or illnesses per full-time employees include:
- Healthcare and social assistance, with a rate of 6.9 per 100
- Agriculture/fishing/forestry/hunting, with a rate of 4.3 per 100
- Arts, entertainment, and recreation, with a rate of 3.8 per 100
- Transportation and warehousing, with a rate of 3.7 per 100
- Manufacturing, with a rate of 3.4 per 100
Indiana also experienced a total of 158 work-related fatalities in one recent year. Industries with the highest numbers of worker fatalities included construction, transportation/warehousing, agriculture/fishing/forestry/hunting, manufacturing, and administrative and waste services.
After sustaining a work injury or occupational illness, you have limited time to file a claim for workers’ compensation benefits. Under §22-3-3-3 of the Indiana Code, you must file a compensation claim with the Workers’ Compensation Board within two years of the date of a workplace accident or two years from the date of a worker’s death in the event of a fatal accident.
If your employer accepts your work injury or occupational disease but later terminates payment, you have two years from the last payment date to file your claim with the board. Filing an untimely claim will usually mean the loss of your right to demand workers’ comp benefits from your employer.
The Types of Workplace Injuries Our Indianapolis Workers’ Compensation Lawyers Can Help You With
At Klezmer Maudlin, PC, our Indianapolis injured workers lawyers represent hardworking people who have suffered injuries or illnesses in workplaces accidents such as:
- Construction accidents
- Service industry accidents
- Forklift accidents
- Warehouse/factory accidents
- Motor vehicle accidents
- Slip and fall accidents
- Third-party accidents
We can pursue the full scope of benefits and financial compensation you need after you have suffered injuries or illnesses like:
- Broken bones
- Burns
- Repetitive stress injuries
- Overexertion
- Herniated spinal discs
- Lacerations, abrasions, and avulsions/degloving injuries
- Electrocution
- Crush injuries
- Internal organ injuries and internal bleeding
- Spinal cord injuries
- Traumatic brain injury
- Nerve damage and paralysis
- Vision or hearing loss
- Amputation
- Toxic exposure
- Cancer
- Infectious diseases, such as COVID-19
No matter what injury or illness you may have suffered due to your work, our firm will fight tirelessly for the financial resources and support you need for your recovery.
Do Not Try to Take On Your Employer or the Workers’ Compensation Insurance Company on Your Own
Because most employers in Indiana must provide their employees with workers’ compensation benefits in the event of a work injury or occupational illness, they usually have workers’ compensation insurance providers or claims administrators to pay or manage workers’ benefits. Therefore, when you seek workers’ compensation benefits from your employer, you will likely deal with an insurance company or claims administration company.
Although a work-related injury or illness usually entitles an employee to workers’ compensation benefits, many employees have difficulty getting the insurance or claims administration company to approve their claim or pay them full benefits and compensation.
If this happens to you, remember that you do not have to fight the insurance company on your own.
Some of the important reasons why you should seek legal representation from an Indianapolis workers’ compensation attorney from Klezmer Maudlin, PC include:
- The insurance company’s interest does not align with your interests: While you want to obtain the full scope of benefits and financial compensation available to you under the workers’ compensation system, the insurance company is looking to minimize the amount of money it must spend on your benefits. As a result, insurers will look for any reason to refuse to pay certain benefits or to deny or terminate your workers’ compensation claim. A workers’ compensation lawyer can hold the insurer to account and aggressively pursue the financial benefits you deserve.
- Insurance adjusters receive training to get you to act against your interests: An adjuster might contact you to ask you how you feel or to provide a written statement or answer questions about the accident and your injuries. They will listen carefully for anything you might say that they can later use to argue that you have not been seriously injured or that you can return to work.
- Insurers often monitor workers’ compensation claimants: If you claim that a work-related injury or illness disabled you, the insurance company may closely watch you for any evidence to undercut your claim. They may require you to undergo independent medical exams, monitor your social media accounts for posts showing you traveling or engaging in activities, or even hire private investigators to catch you performing daily activities like mowing the lawn. A lawyer can protect you from inadvertently jeopardizing your claim.
What to Do After a Workplace Injury
When you have suffered a work injury or an occupational illness on the job in Indianapolis, what steps do you need to take to protect your rights to file a claim for workers’ compensation benefits?
Ideally, you should:
- Seek medical attention as soon as possible to document a diagnosis for your injuries or medical condition. Remember, your employer likely requires that you select a doctor from a list of approved providers.
- Gather evidence from the workplace accident, such as taking photos or video of the scene and talking to co-workers or other individuals who witnessed the accident.
- Promptly notify your employer that you suffered a workplace injury or illness so that your employer can forward your claim to its workers’ compensation insurer or claims administrator.
- Keep copies of your pay stubs or wage/income records, as well as copies of any bills, invoices, or receipts for expenses you incur due to your work injury.
- Follow your medical provider’s treatment plan and instructions.
Finally, speak with an Indianapolis workers’ compensation lawyer at Klezmer Maudlin, PC to learn more about your workers’ compensation rights and to discuss the next steps toward receiving the full benefits and compensation you deserve.
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 workers 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 workers 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 workers 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 workers 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 workers compensation laws, insurance carriers must provide all medications ordered by the authorized treating physician. There should be no delay or hiccups in an injured workers ability to pick up these medications.
If you run into an issue where prescriptions are not available for you when you present the workers 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 workers 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 workers compensation case is that they can be worth a lot more money. Workers 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 workers 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 workers 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. Workers compensation carriers pay physicians well and, as a result, doctors enjoy doing workers compensation cases.
There are many excellent, credible, and honest workers compensation doctors also. However, some popular workers 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 workers 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 workers 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 workers 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 workers compensation claim. Additionally, your employer cannot take any adverse employment action against you for filing or having a workers 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 workers compensation laws.
f 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 Workers 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 Workers 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 Workers 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 workers 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 workers compensation claim is basically a lawsuit “against your employer.” The short answer is “no.”
99% of employers carry workers 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 Workers 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 workers 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 Workers 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 workers compensation claim that we believe require quick action and zealous representation. A knowledgeable and proactive workers 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 Workers 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 Workers Compensation Board. We fight for you, period.
Get the Experienced Legal Help You Need To Assert Your Rights to Workers’ Compensation Benefits
We are Klezmer Maudlin, an extra-ordinarily experienced Indiana law firm serving Indianapolis and the surrounding area.
Our law firm comprises personal injury and workers’ compensation lawyers with a long-standing reputation for success.
Over the years, our entire team of workers’ compensation attorneys has been focused on one thing: serving injured individuals in Indianapolis, Indiana, and the surrounding area, so they can secure the settlements they deserve and can move forward with their lives in a positive way.
Have you suffered a work-related injury or illness? If so, you could receive financial benefits through the workers’ compensation system. Do not let your employer or insurer deny you the full scope of workers’ comp benefits you deserve.
Contact Klezmer Maudlin, PC today for a free, no-obligation consultation to find out how our firm can help you file a workers’ compensation claim in Indianapolis and how we will fight to get you the full benefits you need. Call us at (317) 569-9644 or fill out our contact page on our website.
“My case took more than four years to close. During the interim, Randy helped me negotiate with my employer's WC insurance company to get the surgery I needed, and post-surgery physical therapy, with no out of pocket costs. He also helped us reach a reasonable settlement through mediation.
Throughout the entire process, from beginning to close, Randy handled every aspect of the case, leaving no small detail unattended, and his staff kept me fully informed at every step along the way.
Klezmer Maudlin is a 5-Star law firm who provide 5-Star services. I highly recommend them for WC and any other liability cases.”
“I can't even begin to explain how grateful I am for Mr. Klezmer and Janell. From the very beginning they have been informative and kept me very informed on every step of the process. My previous job refused to pay me workers comp and then later cancelled my treatment. Mr.Klezmer worked to get me the compensation I deserved without the hassle of going to court. As my back is still not back functioning I can now get the treatment I deserve. Thank you so much to this team of experts. Highly recommend to anyone.”
“I was involved in a case that took a good amount of time to come to an agreement but Randy was diligent and I was very satisfied with the outcome. Never did I feel pressured to do anything or make hasty decisions about where to go with the case. And the best thing is that it was pro-bono! Best out there! Thanks again Klezmer/Mauldin! I will be back if I need you!”
We respect your privacy. All of the information you provide will be kept strictly confidential. After you submit the contact form below, we will follow up with you – usually within 24 hours and sometimes much sooner than that. We are prepared to answer all of your questions and provide you with advice about your legal options during a free consultation and claim review.