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Indiana Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Indiana on
Q: I was at work holding a students hand lightly when he grabbed my hand with both his hands and fell to the floor.

He caused my shoulder to sprain. Can I get a payment from workers comp for the injury?

Charles Candiano
Charles Candiano
answered on Sep 18, 2022

Your question is very oddly phrased. If you sustained an injury as diagnosed by your physician, by the means that you explained, you have clearly sustained a work injury. If you timely report this injury to your employer, you have a solid Worker's Compensation claim which means that you are... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: Workplace mental health issue

I have a question: I was working at a local small government entity as a director. The outgoing director and I formed a strong friendship that ended with a emotionally charged discussion between us before they left. In the course of this discussion, the person said, “I hope you don’t hang... Read more »

Charles Candiano
Charles Candiano
answered on May 24, 2022

At the time of the comment, you are both acting in your official capacity so Worker's Compensation would be your sole remedy. That said, Indiana's Worker's Compensation law does not recognize psychological injury so I honestly do not see any viable cause of action. I would urge you... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: What is the legal consequence when workers compensation fails to provide necessary medical care in IN?

Going on two years post ORIF. Failed to provide treatment for post op DVT (basically left me for dead), failed to provide any care for my related nerve damage or problematic hardware. Finally got them to send me to a new specialist who agrees there are all kinds of problems and ordered mri and emg.... Read more »

Charles Candiano
Charles Candiano
answered on May 19, 2022

Shame on you! You are a healthcare professional. There is no reason why you could not have worked with Worker's Compensation to coordinate any needed care. Indiana's Worker's Compensation board is not set up as a traditional, adversarial system. In Indiana, the employer has... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Indiana on
Q: I just need an attorney on this car accident that hit the back of a semi and I was the passenger in the car is still wit
Timothy Rowe
Timothy Rowe
answered on Feb 5, 2022

Were you injured in the accident? It is important you seek immediate medical treatment for all injuries in the crash. Even though you were a passenger, you can seek reasonable compensation which includes lost wages, pain and suffering, loss of enjoyment of life, medical bills, and the nature and... Read more »

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1 Answer | Asked in Employment Law, Contracts and Workers' Compensation for Indiana on
Q: Can a place of employment make you sign another offer letter after they got the pay rate wrong on the first?

A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... Read more »

Charles Candiano
Charles Candiano
answered on Oct 7, 2021

This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I contracted covid-19 December 2020 and have had continued complications from the virus. Am I eligible for worker's com?

I contracted the virus at work, kroger. I am still having complications from the virus and unable to work. I was advised I might be eligible for worker's comp.

Charles Candiano
Charles Candiano
answered on Aug 19, 2021

Probably not. You are neither a healthcare worker nor a first responder. Hundreds of thousands of people have contracted this virus which is to say that the likelihood of PROVING your exposure to be work-related is very low. Moreover, Workers' Compensation has express exceptions within the... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Do you have to sign medical history consent to be paid work comp benefits?

I injured my shoulder, never injured before. MRI shows tear, company has suspended my family insurance, work comp insurance pressuring to gain authorization to investigate past medical history or possible denial of claim, their words in print. I'm not sure how to proceed. Work for biggest... Read more »

Charles Candiano
Charles Candiano
answered on Apr 12, 2021

The WC carrier has a right to your current medical records. Why do you care if they access your past medical records? They are of no use to the carrier if they are unrelated to your work injury and the carrier has a duty to protect them. In Indiana, the Workers' Compensation carrier has an... Read more »

1 Answer | Asked in Workers' Compensation and Probate for Indiana on
Q: If someone dies during a work comp settlement that's unrelated to the injury gets engaged living together then married

settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.

Charles Candiano
Charles Candiano
answered on May 7, 2020

Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then... Read more »

1 Answer | Asked in Workers' Compensation and Collections for Indiana on
Q: Are you able to place a lien on a worker's compensation claim in the state of Indiana?

The lien would be placed as a means to pay off a promissory note.

Stuart Gregory Steingraber
Stuart Gregory Steingraber
answered on Dec 12, 2018

Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I got hurt on the job and work comp paid for everything they issued me a small check at the end of it. Can i still be pa

I got a check from work comp had to sighn a paper with it. But paper did not say anything about thats all ill ever get i dont think or that i cant get a lawyer . Is it too late now?

Charles Candiano
Charles Candiano
answered on Jul 25, 2018

You need to speak with a local Worker's Compensation attorney and take a copy of whatever document you signed. is simply not possible to intelligently comment further without reviewing the document that you signed.

0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Indiana on
Q: Injured at work reported to supervisor but he did not report it to corporate and they’re denying me medical treatment

I’ve been out of work for almost a year now that this has been going on and it seems like the lawyer I have now has been want me to settle from the start with the first offer doctor I went to that I paid for out of my own pocket stated his opinion is that my injuries are work related and he... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Indiana on
Q: I sustained a fall at work. Workmans Comp is doing what it should, but employer is demanding payment from me for my ins

that I pay weekly. Do I pay or are they suppose to while I'm injured?

Chase T Wilson
Chase T Wilson
answered on Feb 16, 2018

Worker's comp usually takes care of such things. I've never heard of an employer demanding you pay your work comp insurance while you're off work for a work related injury. Google worker's compensation attorneys in Indiana and give one a call. They'll know better than I do.

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: I was hurt at work from a fall. This resulted in a fractured shoulder. My doctor released me to work with restrictions.

I was told if I can't come back by a date that my job would be terminated. They can't do my restrictions. If I lose my job will I lose workers comp as well?

Chase T Wilson
Chase T Wilson
answered on May 31, 2017

Losing your job should not cost you your workers compensation benefits. Also, you should speak to an employment attorney about whether or not they can legally terminate you due to injuries sustained on the job.

1 Answer | Asked in Employment Law and Workers' Compensation for Indiana on
Q: I lost my index and middle finger due to machine malfunction and my employer has already admitted fault

Do I need a lawyer and about how much compensation am I looking at?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 1, 2017

Yes, you should get an attorney immediately, preferably one familiar with personal injury in workplace settings. An attorney may be able to help negotiate you a better settlement than on your own. Only the attorney that you sit down with and receives all the facts can give you an accurate estimate... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Indiana on
Q: Can an employer tell an employee not to take a prescription from a work-related injury that says to take "as needed"?

An employee gets hurt on the job, complaining of wrist pain in both wrists, along with numbness and tingling in the left arm. Employer sends the employee to the primary care and gets diagnosed with left shoulder region strain, left pectoralis muscle strain, and parathesia. Employee returns to work... Read more »

Chase T Wilson
Chase T Wilson
answered on Oct 24, 2017

In this case the employee would likely receive something from the doctor, assuming this is a work comp doctor, saying that he/she will need to be off work for a certain amount of time if the pain is too much. My recommendation in this situation would be to have the employee go back to the doctor to... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: I have a pending on the job accident that led to injury to my right shoulder, 2 small tears in my rotator cuff,

I have went without proper medical attention, had to seek that myself. Have not been compensated since December 12th 2016... Getting a total run around with employer's insurance

Chase T Wilson
Chase T Wilson
answered on Apr 10, 2017

You need to hire a local workers compensation attorney.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Indiana Workers’ Compensation Act covers all employees for injuries arisingout of and in the course of employment.

Does this mean I can qualify for my cervical spine surgery that is a result from an accident outside of work? The above statement is from my employee handbook.

Nathaniel O Hubley
Nathaniel O Hubley
answered on Feb 18, 2013

Not likely. The accident that occurred outside work would not have arisen out of and in the course of your employment. A lot of times injured workers sustain aggravations to a pre-existing back problem. If the aggravation occurred at work (while lifting something, etc) then it would be covered. You... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Do I need a lawyer to handle my workman's compensation claim?
Nathaniel O Hubley
Nathaniel O Hubley
answered on Feb 18, 2013

Normally, probably not. Most workers compensation matters can be resolved informally without an attorney. The system is set up to be self-governing. This means that the employer and its workers compensation carrier has specific obligations and must abide by those obligations. Now, if you get the... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: How long after a workmans comp insurance company denies claim do I have to file an appeal
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

It is not clear what you are asking. Just because your company denies your claim does not mean that the judge has. You should consult an Indiana attorney immediately. Do not give an oral or written statement to the company or their representative until you contact an attorney. If you cannot find an... Read more »

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