Archive for September, 2018


How Do I Claim Social Security Benefits in Indiana?

September 19, 2018

Generally speaking, social security disability is a type of benefit given by the Social Security Administration (SSA) that someone is entitled to based on their work record.  If you’ve worked long enough for enough quarters prior to an injury or an illness that’s going to cause you to be unable to work for an extended period of time, at least 12 months, then you’re able to file for disability based on your work record.

Before you can begin to think about claiming social security benefits, you must ensure that you are qualified for these benefits. If you file a claim without all of your information, you could enter a long road of denials and end up never receiving social security, whether you deserve it or not.

To qualify for social security in Indiana, you must have one of the impairments listed by the SSA. Each year, the SSA will make small changes to this list, and in order to even think about applying, you first must make sure that your injury, illness or condition is on the list. Unfortunately, this list isn’t as easy as searching for your illness—in fact, many people find this list to be confusing and often, people are left unsure if they qualify or not. Instead of getting discouraged, speak with an attorney who can help you decipher whether your specific problem is included.

Once that is established, you will need to understand which type of disability you qualify for. There are two different types of social security disability, SSD and SSI. Both fall under the wing of the SSA, but each are different and enter into different acceptance piles. In short, SSD is the one you pay into when you’re working, and you qualify for it if you have worked full time for enough quarters. SSD usually results in higher monthly payments. If you have never worked full time (you worked part time or are a stay at home mom, for example) you will only be eligible for SSI, which is less per month and requires more eligibility to qualify.

After determining your type of social security, you will then work to build your personal case. This is a great time to have an attorney step in, as this step is extremely time-consuming and expensive. You will need to detail your entire medical history, get a doctor to confirm the condition you are applying for disability with and include all of your work history. One wrong piece of information will lead to your instant denial, and not having your full medical record will also cause you to be denied. An attorney can take over this burden for you, ensuring they get all your medical records for you and filed for you in the proper manner.

If you are seeking social security disability and want an experienced attorney on your side, contact Stewart & Stewart at 1-800-33-33-LAW or visit our website for more information.


What Do I Do If I Am Injured on the Job in Indianapolis

September 17, 2018

If you have been injured on the job, contact Stewart & Stewart today.When an employee is injured on the job, their first reaction is usually fear. Fear that they will lose their job for reporting the accident, fear that their injury will make them unable to work and fear that they will lose their lifestyle and income. And while all of these fears are completely reasonable and common, there is no need to fear losing your job or losing your income if you take the right steps.

In Indiana, we have the Indiana Workers’ Compensation Act, which entitles an employee to paid medical care and benefits should they be injured while on the job. Your company is also required to carry worker’s compensation insurance, so when you do find yourself hurt on the job, that insurance will cover your medical care and lost wages. In order to have the Indiana Workers’ Compensation Act work in your favor and get a part of the worker’s compensation insurance, you must follow these steps.

1.    Tell Someone Right Away

If you wait to report your injury, you could lose out on all that workers comp has to offer you. As soon as you get injured, you need to stop what you are doing and report your injuries to your boss, manager or supervisor. You should not only verbally tell them of your injury, but also give a written notice so you have proof that you reported it in a timely and efficient manner.


2.    Get Medical Help

If your injury is dire, do this one first. But if you can let your boss know of your injury before you head to the doctor, this can wait until the incident is reported.  This is because a lot of workers’ comp insurance requires employees to see a certain doctor and if you see a doctor not approved by the insurance, you may not be able to receive payment for your treatment. If you have an emergency, there is no need to wait: get to the nearest hospital and get treatment immediately. Emergency injuries are exempt from the must-use doctor rule until follow up treatments are needed.


3.    Hire an Attorney

Sometimes, a workers’ comp claim is straightforward: you get injured, tell your employer, and receive the proper benefits. But, unfortunately, this is often not the case. Employers will sometimes try not to pay you what you are owed and can give employees the runaround to avoid hefty payments. If you feel you are not getting what you deserve or being treated properly, it’s imperative that you hire an experienced workers’ comp attorney before your case gets too out of hand.


4.    Get Rest

For many, the worst part of their workers’ comp claim is the injury that prevents them from going to work. Sitting at home and resting can be difficult for those who want to provide for their families and feel productive. But resting is the best thing you can do right now for you, your family and your job. If you overexert yourself or go back to work too soon, you are at a higher risk of further injury and in turn, you could make the situation much worse. Listen to what the doctor tells you, do the proper treatments, and let yourself have this time to relax.

If you were injured at work, contact the attorneys at Stewart & Stewart. We have helped tons of employees with their worker’s comp claims and will be there for you every step of the way. Contact us at 1-800-33-33-LAW or visit our website for more information.


What Are the Most Dangerous Intersections in Indianapolis?

September 14, 2018

No matter how safe we are on the roads, we are always at risk for accidents. With so many distractions in place, from texting to music, avoiding accidents altogether can be nearly impossible.

Here in Indianapolis, it’s no secret that our roads can get busy, and while every road is at risk, there are certain intersections that seem to pose a greater rate of accidents. An intersection becomes dangerous when there is a high volume of traffic, there is an issue with visibility, or there are multiple cross streets or entry points. But, even the quietest intersections can post a great risk. In fact, many of the most dangerous are actually low when it comes to vehicle traffic, but highly populated with bicycle and pedestrian traffic.

To ensure you avoid accidents on the roads, always practice safe driving. When you know your route incorporates one of these intersections, practice extra caution, slow down and get rid of any possible distractions before you begin driving.

In Indianapolis, the most dangerous intersections are:

  • 38th Street and Guion Road
  • Madison Avenue and Stop 11 Road
  • 21st Street and Shadeland Avenue
  • 38th Street and Franklin Road
  • 86th Street and Keystone Crossing
  • 38th Street and High School Road


All of these intersections are marked by heavy traffic, either pedestrian or vehicle, near popular attractions or locations, or include hard-to-read-signs or a lack of cross walks.

Most dangerous intersections in Indianapolis

If you were involved in an accident on one of these roads, or on any road in Indianapolis, it’s important that you get an experienced Indiana attorney on your side. Stewart & Stewart has helped solve countless car accident cases right here in Indianapolis and will work hard to ensure you get the compensation you deserve for your case. Contact us at 1-800-33-33-LAW or visit our website for more information.


Can You Sue for Dental Malpractice in Indiana?

September 13, 2018

You make a point of taking care of your dental hygiene, seeing your dentist regularly and following up with any dental issues or concerns. Suddenly, though, your diligence has caused a serious injury or dental problem that you were not expecting due to your dentist’s negligence or lack of care.have you, or a family member suffered due to Dental Malpractice?

While often a less common occurrence, dental malpractice is still a big entity of medical malpractice. Just as we expect our doctors to diagnose and treat our medical concerns, we trust our dentists to do the same. When a dentist fails to diagnose properly or timely, provides faulty dental work, or even performs dental work that is unnecessary for the purpose of gaining extra insurance money, they should be held responsible for malpractice.

But while this type of malpractice is common, it’s also quite hard to prove that your dentist was, in fact, negligent. An experienced attorney can help you make this distinction by helping you prove that either the dentist failed to provide the standard of care or intentionally committed a fraudulent or unreasonable act that in turn, caused your pain, suffering, or additional medical bills.

Many patients may feel that they can sue their dentist when a crown comes undone or when they do not like the care they received. But, unless your care caused you to truly suffer, you probably do not have a dental malpractice case on your hands. In order to consider a lawsuit, you must be able to prove one of these:

·         Injury or Pain Due to Negligence

Most dental procedures have pain associated with them, but that pain is still included in the standard of care. To prove malpractice, you must be able to show that the pain and suffering you are experiencing is out of that standard of care. If a nerve or tooth is damaged that wasn’t involved in the original procedure, or if the procedure failed because the dentist was not prepared for it, then you have a case on your hands.


·         Failed or Delayed Diagnosis

After your dental hygienist cleans your teeth, the dentist should come in to take a look at your mouth and make sure everything looks okay. If you are complaining about pain or discomfort, they should take the proper measures to truly understand what your issue is. If a dentist fails to do this properly, they could miss a major diagnosis, causing you to go untreated or treated improperly. This is dental malpractice.


·         Misconduct

Misconduct can include a lot of different acts, but if your dentist is acting inappropriately and fails to perform his or her duties as a dental professional, you may have a case on your hands.

If you have experienced any of these problems and feel you have a dental malpractice case, contact the experienced attorneys at Stewart & Stewart. For more information or to file a dental malpractice claim, contact us at 1-800-33-33-LAW or visit our website for more information.