A professional truck driver, involved in a head on collision, that is not their fault, witnesses the vehicle that hit them explode on impact and is treated for PTSD as part of their injury claim. Can the employer legally use a history of trau
ma to minimize their responsibility? And is the... View More
If your employer prepared a "first report of injury" form and has taken responsibility for your medical care, there is no need for you to immediately seek the assistance of an attorney. If your employer is not taking responsibility for your injury, you are not covered by any health...View More
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...View More
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... View More
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...View More
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.... View More
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...View More
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...View More
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... View More
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...View More
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...View More
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... View More
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...View More
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.
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...View More
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.
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... View More
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.
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.
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...View More
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... View More
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...View More
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...View More
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...View More
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