Workers’ compensation

If you were injured in an accident at work, you expect your employer to take care of you. If you have a repetitive stress injury or illness because of working conditions, you expect to be compensated. Workers’ Compensation law in Indiana requires your employer to cover medical expenses and income losses for employees with on-the-job injuries or who cannot work.

Employees may be entitled to receive:

  • Medical cost payment or reimbursement
  • Temporary disability payments
  • Permanent disability payments
  • Vocational rehabilitation

At Fletcher Van Gilder LLP, David Van Gilder has experience with a full range of workers’ compensation related issues. He has successfully resolved hundreds of claims in his 30 years of practice. He has provided training to other attorneys at seminars, and he knows how to combat the defense tactics of insurers and their attorneys.

We understand the medical side of work-related injuries and illnesses, and we understand the legal side of appealing a denied claim or bringing a claim against a third party for negligence. If you have been denied a claim, you probably have a number of questions. For your convenience, we have provided some answers to frequently asked questions about workers’ compensation in Indiana.

Worker’s Compensation FAQs

Question: How long can I wait before I file a claim?
Answer: The general rule is that you must file a claim with the Indiana Workman’s Compensation Board within two years of the injury. There are exceptions, but to be on the safe side, two years.

Question: If I am injured at work, what is my employer required to pay?
Answer: Generally, under Indiana Workman’s Compensation laws, your employer is required to pay for your medical bills if injured while working, your time off work if longer than seven days, and a final settlement if a physician finds that you have a permanent impairment.

Question: Does my employer have to pay for pain and suffering?
Answer: Employers are not required to pay for pain and suffering.

Question: Can I sue my employer for my personal injuries beyond the Workman’s Compensation coverage?
Answer: Generally, no. If you are injured at work or in the course of your employment, your only remedy or course of action is under the Indiana Workman’s Compensation Statutes. If, however, you can prove that someone other than your employer caused the injury, then you might be able to sue that party, including for pain and suffering.

Why Choose Us? We Have Experience With Denied Workers’ Compensation Claims

We have experience with these types of issues:

  • Medical records: We know how to properly examine medical records and look for the cause of an illness or injury. We understand a variety of medical conditions and can help make a case for damages.
  • Familiarity with current laws: The Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA) makes it more difficult and complicated to settle some workers’ compensation cases. Our law firm is familiar with current laws and regulations related to workers’ comp.
  • Workers’ compensation litigation: It is illegal to fire an injured worker in retaliation for bringing a workers’ compensation claim — yet it happens. We can represent employees in this or similar situations.
  • Denials and appeals: Our law firm has experience with appealing claim denials to the appropriate courts.

Defective Machinery Injury

Many workplace injuries are caused by defective production tools. You are entitled to expect that the machinery and instruments you use to do your job are safe and without risk of danger to your well-being. Unfortunately, some machinery is poorly designed or may not have been maintained.

At Fletcher Van Gilder LLP we represent injured workers who have been injured by machinery while on the job. If this is true, you will be entitled to greater benefits then the standard workers’ compensation settlement. If you or someone you love has suffered a serious injury due to a defective piece of work-related machinery, our attorneys will help you take the appropriate actions to file a product liability claim.

Product Liability Injury

In order to effectively pursue a product liability claim, there are several elements to consider. We encourage clients to speak with their co-workers to see if another person has been injured in a similar fashion. It is also important to determine whether the employer in question was aware of any defective machinery, and if so, whether they had taken appropriate steps to repair the equipment, or remove it from production entirely. This is especially important when the employer has made changes to the machinery after a claim has been filed, but before a third-party professional has been out to properly examine the situation.

Call us early in your case so we can take steps to investigate the machinery and protect the evidence necessary for your case. Once you have been injured, life as you know it is changed. You may no longer be able to go to work. Your medical bills may be causing financial problems. Your doctor may have told you that you can expect to undergo months of expensive physical therapy. Whatever your situation, we are here to help you obtain the fair compensation you deserve.

If you received a notice from the state or an employer saying your workers’ compensation claim was denied, please give us a call to discuss your legal needs or set up a meeting. Call 260-425-9777 to speak to a lawyer, or send us an e-mail to schedule an initial consultation.

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