Blog Topic
Recent Updates
October 01, 2008
Understanding Indiana Worker?s Compensation Act
October 01, 2008
Potential Third Party or Personal Injury Claims after a Worker's Compensation Injury
September 24, 2008
Soccer goals recalled after child is strangled
September 22, 2008
Agency Recommends Increased Emphasis on Truck Driver Rest
September 11, 2008
Compensability in Work-Related Injuries
September 10, 2008
Taser Suffers a Rare Loss in Court - by: Mike Nizza
September 10, 2008
Taser handed first loss in stun gun wrongful death lawsuit
August 27, 2008
Medical Treatment While Receiving Worker's Compensation Benefits
June 19, 2008
Extending the Thong, err, Wrong Message
May 06, 2008
SECONDARY INJURIES DURING A WORKER?S COMPENSATION CLAIM
Worker's Compensation
According to US Department of Labor report entitled Workplace Injuries and Illnesses in 2004, there are 4.3 million workplace injuries and illnesses reported in private industry which is approximately 4.8 cases per 100 full-time workers per year. In Indiana, if you sustain a work-related accident, your employer, through their worker's compensation insurance company, directs all of your medical care. Therefore, it is extremely important that you report any accident or injury in the workplace to your employer immediately. Failure to report an injury in a timely manner may result in your worker's compensation claim being denied. Once you have reported your injury, your employer should instruct you where to go for medical treatment. If your injury prevents you from returning to work and you are off of work for more then 7 days, you are entitled to receive disability benefits at the rate of 2/3 of your Average Weekly Wage (AWW). Your employer must provide medical treatment until you reach Maximum Medical Improvement (MMI). At that time you will be released from doctor's care and your disability benefits will terminate. If your injury has any lasting effects, the treating physician may assign permanent work restrictions and a Permanent Partial Impairment (PPI) rating. This impairment rating directly affects the amount of money that you will receive for settlement of your worker's compensation claim. For more information including how to obtain more medical treatment or challenge the work comp doctor's impairment rating, call or email the attorneys at Wagner Reese & Crossen.
CAN AN INJURED PARTY SUE THEIR EMPLOYER FOR A WORK RELATED INJURY?
Posted by: Judy Pippin
March 18, 2008
The Indiana Worker's Compensation Act was created back in the 1800s. The purpose behind the Act is to get medical treatment and some wage benefits to injured workers and to shield employers from liability. This means that an injured worker should get the basic benefits of health care and wages while recovering from the work injury. It also means that most of the time, you cannot sue your employer for the accident. There are some exceptions, for example, if you were driving somewhere while in the course of your employment and were in an automobile accident caused by another party, you may have a claim against your employer for worker's compensation and against the driver of the other vehicle for the automobile accident. However, if you are at work and trip over a bucket left by someone else, then you do not have a case against your co-worker or employer. If you were a customer who tripped over the same bucket and sustained injuries, then you may have a case against the property owner or renter of the building. At Wagner Reese & Crossen, we are happy to talk with you about these and other issues you may have with your worker's compensation case.
Worker's Compensation
Posted by: Judy Pippin
March 10, 2008
After a work related injury, we understand that your whole world is turned upside-down. Not only are you dealing with the physical pain of the injury and potential depression from being injured, but there can also be additional financial difficulties. What your worker's compensation insurance company may not tell you is that you may be eligible to receive mileage reimbursement for travelling to doctor appointments outside of the county of your employer. While paying your mileage expenses is not going to fix all of your financial problems, it can certainly help get a little extra cash into the household. We realize that a lot of times the injured worker does not even know that they can recover mileage expenses. In Indiana, the rule is that you can recover mileage at $0.40 cents per mile if the medical treatment is outside of the county of your employment. At Wagner Reese & Crossen, we are always trying to maximize the benefits that you are entitled to in order to assist you in every way possible and every little bit helps. So, remember if you are travelling outside of the county of your employment for your medical treatment, keep a mileage log for reimbursement purposes.
