Indiana Workers Compensation Legal Questions

Under Indiana Law, when a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day.  These are referred to as Temporary Total Disability (TTD) benefits and are 2/3rds of your average weekly wage.  I would suggest you contact my partner, Karl Popowics, who is a very experienced workers compensation attorney.  He will be able to answer any questions you might have.  317-843-2606.... Read Answer

The Nurse case manager can go to the appoitnment but you do not have to let him/her in the doctor's office with you.  The NCM's job is to be a middleman between doctor/you/insurance co.    They can gather information but you have right to privacy in the docotr's office.   ... Read Answer

I am sorry to hear of your injury.  In Indiana if you are injured on the job the employer (the ins carrier) has 3 obligations.  To pay for medical treatment (but they get to control who you see), pay 2/3 of your avergae wage if a doctor says you can not return to work and potentially a settlement after treatment is complete for any continued loss of function, if any.  Though their obligations are know it is common to have issues while on work comp, as you have seen.  The carrier is often more concerned about cost than your well being.  I would suggest speaking with a work comp attorney asap.  Also, if a third party is responsible for your injury you have a seperate claim as well. ... Read Answer

Dear Anonymous,   It sounds to me like you need to speak with an experienced workers compensation attorney.  I would recommend that you reach out to my partner, Karl Popowics.  He handles a lot of work comp cases and would be happy to answer any questions that you might have.   Chip Clark... Read Answer

Dear Anonymous,   If you miss more than 21 days of work from a work-related injury, you are entitled to Temporary Total Disability benefits (TTD).  TTD is 2/3 of your "average weekly wage."  If your injury is permament, you are entitled to payment for any Permanent Partial Impairment, (PPI).  Your PPI rating will be determined by the company's workers compensation doctor.  However, if you disagree with the company doctor's PPI rating, you can seek out a rating from a doctor of your own choosing.  You will have to pay for this evaluation.  If you have additional questions, you should contact an experienced workers compensation attorney.   Best,   Chip Clark... Read Answer

 Workers Comp, usually wants to do a recorded interview to go over how you were injuryed, your work and medical history and they want to make sure that your need for surgery is a result of the on the job injury.  If you do not want it recorded, you can say so, let the adjuster know you are recording the interview as well, ask for a transcrip or a copy of the record and you also can obtain an attorney to attend the interview with you.... Read Answer

Dear Anonymous,   Before you fill out any disability paperwork from your employer, I would recommend that you have an attorney review it.  Depending on the status of your worker's compensation claim, it may be that Sedgewick is still responsible for additional treatment, as well as for any permanent impairment that has resulted from your work injury.  Further, you may also be entitled to disability benefits from your employer, but it is impossible to answer these questions without additional information.  Please feel free to give me a call if you would like to discuss your case in more detail.   Very truly yours,   Chip Clark... Read Answer

Dear Anonymous,   I would recommend that you contact an experienced worker's compensation attorney to discuss your claim.  The short answer is that you are not entitled to pain and suffering under Indiana's Worker's Compensation Act.  However, you are entitled to benefits for your time off of work as well as for any permanent impairment that results from you injury.  The permancy of your injury will require the expert opinion of a doctor, and therefore it is important to have an attorney that can assist you through the entire claim process.   If you have questions, please feel free to contact me for a free case evaluation.   Very truly yours,   Chip Clark... Read Answer

You should begin receiving Temporary Total Disability benefits after 21 days of being off work.  These benefits are equal to two-thirds of your average weekly wage.  Here is some additional information about Indiana Workers Compensation laws.  If you have additional questions, please call to schedule a free consultation.... Read Answer

Dear Anonymous,   The Family Medical Leave Act (FMLA) is a federal law that gives qualifying employees an opportunity to take up to 12 weeks of unpaid time off from their job with the guarantee of their job still being available as long as they return at the end of this period.  One of the purposes for this policy is to allow employees with serious health issues or injuries, such as an injury from a workplace accident, the time off they needed without the risk of losing their job.   One concern that many injured workers have is whether or not FMLA can run concurrently with their workers compensation benefits during the time that the employee is ordered off work.  The answer is yes, the employer can run FMLA during the period you are ordered off of work to heal from your injury.  This can be a good thing if you only miss 12 weeks of work or less.  However, given the severity of your injuries and the amount of time that you were ordered off of work, I would strongly encourage you to contact an attorney that specializes in work comp claims.  Two of my partners, Jim Browne and Karl Popowics are both experienced workers compensation attorneys.  There are other benefits to which you may be entitled.  Please contact either one of them for a free evaluation of your case.    Chip Clark... Read Answer

If you are injured, you would be able to receive medical treatment through your employer's workers compensation policy.  If your employer does not own the building where the ceiling fell and is not responsible for it's maintenance, you may have a liability claim against the owner of the building.... Read Answer

Dear Anonymous,   In addition to a claim under the Worker's Compensation Act, you also may have a claim against your employer for discrimination, harassment and/or wrongful termination based on your disability.  I would need more information in order to fully evaluate your case.  Please feel free to contact me for a free case evaluation.   Very truly yours,   Chip ... Read Answer

You need an attorney who is experienced in the area of Worker's Compensation.  Employers are required to have Worker's Compensation Insurance.  If they fail to have such insurance coverage, there are penalties that can be levied against the employer in favor of the injured employee.... Read Answer

  When a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day.  However, if the employee is still disabled, on the twenty-second day after the injury, the employee will receive compensation for the first seven days that you were off.  Your employer must pay you these Temporary Total Disability Benefits ("TTD").  TTD amounts to two-thirds of your average weekly wage at the time of your injury.  The maximum amount of time that you can receive TTD benefits is 500 weeks.  If your employer's doctor is telling you that you have reached maximum medical improvement ("MMI"), and you are cleared to go back to work, you can seek the opinion of a doctor of your own choosing to confirm whether you are healthy enough to return to work.... Read Answer