If you sustained a workplace injury or illness, the workers’ compensation law might entitle you to receive financial benefits and payments that can help you during your recovery. But 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 illness in the course of their jobs, fighting to hold employers and insurers accountable under the law. We work tirelessly to obtain justice for our clients and to improve the health of our community.
If an on-the-job incident in Indianapolis injured you, do not wait to get the legal help you need to demand the workers’ compensation benefits you deserve. Reach out to Klezmer Maudlin, PC for a free initial case evaluation and discuss your rights with a knowledgeable Indianapolis workers’ compensation lawyer with our legal team.
Why Choose an Indianapolis Workers’ Compensation Lawyer From Klezmer Maudlin, PC for Your Workers’ Compensation Case?
You may find you have multiple options for legal counsel as you pursue a workers’ compensation claim in Indianapolis. At Klezmer Maudlin, PC, we believe that we stand out amongst other 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 attorneys 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, IA
According to the Indiana Department of Labor, the state had 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 away from work or days with job transfer or restriction. Workers who suffered non-fatal injuries and illnesses in just one year spent a median of 11 days away from work.
Industries with the highest rates of non-fatal injury/illness include:
- Healthcare and social assistance, with a rate of 6.9 per 100 FTEs
- Agriculture/fishing/forestry/hunting, with a rate of 4.3 per 100 FTEs
- Arts, entertainment, and recreation, with a rate of 3.8 per 100 FTEs
- Transportation and warehousing, with a rate of 3.7 per 100 FTEs
- Manufacturing, with a rate of 3.4 per 100 FTEs
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 §22-3-3-3of 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 illness as compensable and pays benefits but later terminates payment, you have two years from the date of the last payment 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.
Types of Workplace Accident and Injury Claims Our Indianapolis Workers’ Compensation Lawyer Can Help You With
At Klezmer Maudlin, PC, our Indianapolis workers’ compensation 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 About Workers’ Compensation in Indianapolis
Common questions that our clients in Indianapolis have about workers’ compensation claims and benefits include the following:
Can I get paid if I miss time from work to go to medical appointments for my work injury or occupational illness?
If you need to take time off work to attend a medical appointment or to undergo a procedure, state law requires your employer to reimburse you for the lost working time.Indiana Code §22-3-3-4obligates employers to reimburse employees for loss of wages due to treatment of a work-related injury or illness based on the employee’s pre-injury/illness average daily wage.
If an employee has to travel outside the county where they work to obtain medical treatment, their employer must pay for reasonable travel, lodging, and meal expenses.
Can I sue my employer for a work injury or occupational illness?
Indiana’s workers’ compensation laws generally restrict an injured worker’s legal recourse against their employer to filing for workers’ comp benefits. This trade-off occurs because employers must provide benefits whenever a worker suffers a work-related injury or illness, regardless of who may have been at fault. This arrangement relieves workers of the need to prove their employer’s legal fault or liability for their work injury or occupational disease.
Can my employer fire me if I file a workers’ compensation claim?
Indiana law prohibits employers from retaliating against workers who file a workers’ compensation claim, receive workers’ comp benefits, or participate in a co-worker’s workers’ compensation claim, such as by providing testimony.
Common acts of retaliation can include:
- Demoting a worker
- Reducing their pay
- Denying promotions, raises, or bonuses
- Transferring a worker or assigning them to less desirable positions or tasks
- Terminating the worker’s employment
However, an employer can terminate a worker who has filed for workers’ compensation or is receiving benefits for misconduct that occurred before or after the worker’s injury, or if the worker can no longer perform the essential duties of their job even with accommodations. An Indianapolis workers’ compensation lawyer with Klezmer Maudlin, PC can help you understand your legal protections under state law and fight for your interests if you think your employer retaliated against you for filing a workers’ comp claim.
How much does a workers’ compensation attorney cost in Indianapolis?
When it comes to the cost of hiring an Indianapolis workers’ compensation attorney from Klezmer Maudlin, PC, you should know that you will owe nothing upfront to enlist our help with your workers’ comp claim. You pay us only when we recover financial compensation for you.
Should we successfully negotiate a settlement of your workers’ compensation claim or win back pay or an award from the Workers’ Compensation Board, you pay us an agreed-upon percentage of the award.
Get the Experienced Legal Help You Need To Assert Your Rights to Workers’ Compensation Benefits
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 its 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.
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We are Klezmer Maudlin; an extra-ordinarily experienced Indiana law firm, serving Indianapolis and the surrounding area. Our law firm is comprised of personal injury and workers compensation lawyers with a long-standing reputation for success. Over the years our entire team of workers compensation attorneys have 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.
Compensation Lawyers | Klezmermaudlin Law Firm
“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!”
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