Indiana law requires nearly all employers in the state to carry workers’ compensation insurance. The main goal of this system is to protect workers: If you suffer physical injury or become sick on the job, workers’ comp ensures automatic, no-fault benefits payments.
A secondary goal of workers’ compensation is to reduce disputes and prevent lawsuits. If your employer carries workers’ compensation coverage, you generally can’t sue them if you are hurt on the job unless the harm was intentional.
However, just because you can’t sue your employer doesn’t mean you shouldn’t hire an attorney. An experienced Indiana workers’ compensation lawyer can maximize your chances of success and the outcome of your claim.
An Attorney Can Identify Other Potentially Liable Parties
One disadvantage of workers’ compensation is that the settlement amounts are usually lower than the damages that might be available in a lawsuit. This is a necessary trade-off to the automatic, no-fault nature of workers’ comp payments.
While you can’t sue your employer for a workplace accident, you may be able to sue third parties such as:
- Contractors
- Safety managers
- Manufacturers
- Product designers
An experienced attorney can help you determine who is responsible for your injuries and pursue other potentially liable parties. This can increase your overall compensation amount.
An Attorney Can Ensure You Don’t Miss Crucial Deadlines
You have 30 days to report workplace injuries or illnesses to your employer. Ideally, you should report the accident as soon as possible. This adds to your credibility and allows you to maximize the benefits you may be eligible to receive.
You then have two years from the date of the accident — or the date of a worker’s death in the event of a fatal accident — to file a claim with the Workers’ Compensation Board.
If your employer initially accepts the claim and starts paying benefits, but later terminates payment, you have another two years from the date of the last payment to file another claim.
Missing any of these deadlines could put your claim at risk. An experienced attorney can make sure that doesn’t happen.
Your Own Attorney Can Level the Playing Field
In an ideal world, employers would automatically pay full benefits and compensation to all workers who suffer accidental injuries on the job. Sadly, that’s not always the case.
Like many employees, you may have trouble convincing the insurance or claims administration company to approve your claim or pay you maximum compensation, especially if you’re on your own. These companies have large teams of experienced attorneys and insurance adjusters who will scrutinize your claim for weaknesses and potential grounds to deny or reduce your compensation.
If you have an Indiana workers’ compensation lawyer on your side, you can level the playing field. You’ll have someone with the knowledge and experience to look out for your interests and fight for your rights.
Were You Injured at Work? Hire an Indiana Workers’ Compensation Lawyer
At Stewart & Stewart Attorneys, our experienced team of litigators fights for the rights of injured workers and their families. Stewart & Stewart helps seek fair compensation for pain and suffering and defends against discrimination in the workplace.
If you have experienced a workplace injury or occupational illness, Stewart & Stewart attorneys are here to help. Your first consultation is free and payment will only occur if compensation is achieved. Stewart & Stewart represents injured employees in Carmel, IN, and throughout the state.Delaying hiring a lawyer can undermine your claim case and may reduce the final settlement amount. Call us at (317) 846-8999 today or fill out our contact form to speak to an Indiana workers’ compensation lawyer.