I Was Hurt at Work. What Are My Rights?

Rachel N. Woloshin

Author: Rachel N. Woloshin

POST DATE: 8.13.21
Ccha  Personal Injury

If you have been injured while at work you may be concerned about your recovery, what to do about missed work, medical bills, and so much more. The good news is that Indiana requires employers to carry workers’ compensation insurance. As an employee injured at work, you may be entitled to compensation for your injuries.

Understanding Workers’ Compensation in Indiana

Employers in Indiana must purchase workers’ compensation insurance for all employees, including temporary employees and minors. There are penalties for failing to purchase workers’ comp insurance.

Workers’ compensation applies to accidental injuries or death that happen during the course and scope of employment. It can also cover the aggravation of pre-existing conditions when new injuries occur. Indiana workers’ compensation benefits may include:

  • Compensation in the amount of 66 ⅔% of your average weekly wage during the time you are unable to work;
  • Compensation for permanent total or partial impairment;
  • The cost of medical expenses including treatment, medication, and mileage depending on how far you have to travel.

The exact amount you receive will depend on the extent of your injuries and the amount authorized by the insurance company. In some situations, the offer from the insurance company may not be enough to cover your injuries. It is important to know that you do have a legal right to fair compensation as an employee injured at work.

What to Do If You Are Injured at Work

In order to ensure that you will receive the most out of your workers’ compensation claim, there are several things to consider. Keep in mind that if your injury constitutes an emergency, you should always receive medical attention as soon as possible.

Timely reporting of your injury

After experiencing a work-related injury, you should inform your employer about your injury promptly. If you wait more than 30 days, your claim may be denied. Your employer is responsible for submitting your claim.

Receive Medical Attention

It is important to seek professional medical care for your injury. Though you may have hurt your wrist and feel like you know what is wrong, you may not be eligible for any type of compensation without a medical evaluation.

Keep Detailed Records

It is important to keep detailed records related to your work injury. This may include all medical expenses, time off work, costs for help, travel expenses, and more. These records will help you have a better understanding of how much your injuries are worth.

Consider Legal Help

Insurance adjusters often undervalue the extent of your expenses, the care required to heal from your injury, and the impairment you are left with. An experienced law firm can fully evaluate your claim and negotiate on your behalf to get you the compensation you deserve.

I Was Hurt at Work. What Are My Rights?

If you were hurt at work during the course and scope of your employment, you have the right to seek medical care and compensation for your injuries.

The Right to Emergency Care

If your injury constitutes an emergency, you should receive care immediately. Do not refrain from calling 911 because you fear the expense. In this case, you should be compensated for the emergency expense, so long as it is reasonable.

The Right to File a Workers’ Compensation Claim

Workers' compensation insurance is specifically for circumstances when an employee injured at work needs medical attention. Indiana is an at-will employment state, but there are a handful of things you cannot be fired for. Filing a workers’ comp claim is one of them.

The Right to Fair Compensation

There are a lot of considerations that go into ensuring you receive fair compensation for your injuries. It is important to have an understanding of the current and future expenses related to your injuries, as well as the extent of any permanent impairment, so that you arrive at a fair assessment of your damages. It is in your best interest to seek professional legal counsel to ensure you are getting what your case is worth.

Is Suing for Workers’ Compensation an Option?

Filing a workers’ compensation claim does not constitute a civil lawsuit. It is essentially an insurance claim for benefits. Under workers’ comp, you are entitled to compensation for your medical expenses, time off work, and permanent impairment. Unlike a civil personal injury lawsuit, you will not receive compensation for pain and suffering. There are, however, some scenarios where you may opt to file a civil lawsuit, such as if your injuries were caused by the negligence of a third party.

Choosing a Workers’ Compensation Attorney

Workers’ compensation and employment is a specialized area of law and requires a high level of understanding, compassion, and expertise. The skilled workers’ compensation attorneys of Church Church Hittle + Antrim believe in the benefit of carefully reviewing your case to understand the intricacies of your experience. We provide proactive guidance and innovative solutions to get you the compensation you deserve. Schedule your consultation with our legal team today. We look forward to working with you.