Work Comp FAQs

Are there time limits to file a claim?
Like other personal injury cases in Indiana, there are time limits to file your claim. Under the Indiana Worker’s Compensation Act, you have two years from the date of injuto file an Application for Adjustment of Claim with the Indiana Work Comp Board. However, the time to file can be extended if you receive temporary total disability (TTD) benefits. Contact an attorney to see if you still have time to file your claim.

Can I sue my employer?
In Indiana, you cannot sue your employer in a regular court for their negligence in causing your injury; your only remedy is work comp. There are special situations on construction sites, however. Call our office for more information.

How can I pay an attorney to represent me when I have been injured and am unable to work?

If you’re hurt and off work, you do not have the money to hire an attorney. Fortunately, our law firm works strictly on a contingency fee basis, meaning we do not get paid until you receive a settlement. Also, attorney fees in work comp cases are set by law and are lower than other types of personal injury matters. The attorney fee is generally 20% of the first $50,000 in work comp benefits, and 15% of any amount recovered over $50,000.

Are all on the job injuries covered by worker’s compensation even if the injury was my fault?

Almost all on the job injuries will be covered. Although many employers do not understand this point, your work comp claim cannot be denied because it was your fault. Work comp is a “no fault” system.

Can I be treated by my own doctor for a work related injury?

In Indiana, the employer has the right to direct medical treatment, and this includes the right to pick the doctor. There are exceptions, such as seeking emergency treatment or seeking treatment after the employer or work comp insurer refuses to provide care. However, generally speaking, if you choose to go to your own doctor, you will be expected to pay for those bills.

Can I get a settlement for my worker’s compensation claim?

If you are injured on the job and suffer some kind of permanent disability, you are absolutely entitled to a settlement, usually paid in a lump sum. If you simply suffer a strain injury and are back to 100% after treatment or therapy, you may not be entitled to a settlement.

Can my employer fire me while I am receiving worker’s compensation benefits?

Indiana is aan “at-will employment” state. This means your employer can fire you and, unfortunately, sometimes that happens. However, if your employer fires you while you are still receiving medical treatment and before you have been released to full duty work by the treating physician, you will likely be entitled to disability benefits.