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Can a company in Indiana deduct my vacation time to cover days while I'm on workers' compensation and terminate my employment after issues with those deductions? My employer took five days of PTO while I was on workers' compensation. HR said there's nothing they can do about... View More 
answered on Mar 23, 2025
Your question is confusing. I don't know whether you're saying that you were paid for the 5 days or not. In Indiana, the employer doesn't have to pay you For the first 7 days unless you are off work for 21 days or longer due to your injury. If your injury was disputed and/or you... View More
I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More
answered on Mar 19, 2025
I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims... View More
I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More
answered on Mar 20, 2025
My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the... View More
My son was involved in a car accident in Indiana with no personal injuries and no citations for fault by the authorities. The roads were snow-covered at the time of the incident. The other driver lost control and wrecked their vehicle, and subsequently, my son, who was behind them, hit their... View More
answered on Mar 17, 2025
If I understand correctly, you imply that your son was driving uninsured on the date of the accident. You further state that the roads were snow-packed and that the car in front of your son lost control while it was traveling at approximately the same speed as your son. The other car was... View More
I am facing a first hearing for allegedly buying alcoholic beverages for a minor who is 15 years old in Indiana. There are no previous offenses involved. Do I need an attorney for the first hearing, and what should I expect?
answered on Mar 15, 2025
You do not need an attorney for the first hearing, which is your initial hearing as long as you enter a not guilty plea. However, if you are charged with a misdmeanor of furnishing alcohol, you could plead guilty at your initial hearing, though that would be unwise. You should consult with a... View More
I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More
answered on Mar 11, 2025
Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More
I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?
answered on Mar 11, 2025
It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More
What will the penalty be for a DUI in Indiana if there is a prior DUI from another state four years ago, and the current charge has been upgraded to a Class 6 felony for an unknown reason?
answered on Mar 11, 2025
If you are arrested for and OWI and have a previous conviction within 7 years in IN or out of state and the out of state conviction offense is substantially similar to an IN offense, then the new OWI can be filed as an F6 felony. This has a penalty range of 6 months to 2 1/2 years in jail and up... View More
I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More
answered on Mar 10, 2025
Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More
I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the... View More
answered on Mar 9, 2025
When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to... View More
I'm in the process of negotiating a settlement, but workers' compensation is disputing that my knee surgery is related to my claim. I suffered a torn meniscus in my right knee, which was confirmed by two doctors, each with identical notes. After the company's doctor only did an MRI... View More
answered on Mar 4, 2025
To begin, you are not "negotiating" a settlement. In Indiana, the treating physician would assign a permanent partial impairment rating (PPI). The value of your claim can be determined mathematically by plugging in numbers from the statute. If the claim is fully disputed, the only thing... View More
I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More
answered on Mar 3, 2025
You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More
I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More
answered on Feb 26, 2025
You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More
This happened in Indiana but I’m from Kentucky. I was fully compliant but they still gave me a court date. I have a clean record and I would like to know how to make sure this doesn’t go on my record. How do I get this case dismissed or how can I get it expunged? What should I do in court?
answered on Feb 18, 2025
When you go to court, do not plead guilty, rather plead not guilty and see if the prosecutor's office would offer you a pre-trial diversion. This is an agreement, where if you complete the terms and have no new arrests or charges, the case gets dismissed and it will then be automatically... View More
I was bailed out of jail on December 14, 2024, in Steuben County for two misdemeanor charges: possession of marijuana and Operating While Intoxicated (OWI) under the influence of a schedule 1 and 2 substances. I have yet to receive an initial court date for my case and do not have legal... View More
answered on Feb 18, 2025
If you have not yet received a court date yet, then the prosecutor has likely not yet filed charges. The prosecutor has two years to file charges under the statute of limitations. You can check on mycase to see if/when charges have been filed. I would suggest consulting with a local criminal... View More
We got black mold in the basement no outlet to the kitchen the outlets that we d Have converted it to to six way adapter then the lights in the kitchen flicker some outlets just fall apart or shoot fire at you what can we do he owe this house for 20 years never did any work to it we're paid... View More
answered on Feb 11, 2025
So, the way this works is that you ask a question and we attempt to answer. The only question that you ask is purely hypothetical and impossible. Most importantly, you cannot do anything about "things he knows about." That would require that you are able to read his mind. What... View More
answered on Jan 28, 2025
Workers Compensation is a specialized area of law that concerns itself with work-related injuries. if your question concerns wrongful discharge, you may wish to repost it with more details under "Employment Law." If you have a medical condition that prevents you from executing the... View More
If a plea agreement states "The parties agree and understand the defendant shall receive misdemeanor treatment for his plea of guilty to count iii, theft, a class D felony" does that mean the defendant was convicted of a class D felony or a class A misdemeanor?
answered on Jan 23, 2025
The quoted language means the person plead guilty to an offense that qualifies as a Class D Felony based on the elements of the offense and to get a factual basis for the plea agreement. However, because the sentencing statutes allow for the conviction to be entered as a Class A Misdemeanor then... View More
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answered on Dec 15, 2024
Transfer on death designations can work well when everyone dies in the correct order. Unfortunately, that does not always happen. If a TOD beneficiary dies before the account holder passes, it can sometimes be unclear what happens next. If you have named a contingent beneficiary and that person... View More
I do have a police report and I am being held at fault since I was uninsured and a minor. The accident was a collision and everyone was okay and no ambulance was called. The other person insurance gave me a letter in the mail to talk about the claim/settlement and have left voicemails to the number... View More
answered on Dec 6, 2024
It is illegal to drive without insurance and I am not condoning it. That said, failure to have insurance has nothing to do with whether you are the at-fault driver. You provide no facts concerning the accident so I cannot tell you whether you were at fault. Assuming that you were at fault and... View More
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