He caused my shoulder to sprain. Can I get a payment from workers comp for the injury?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
The lien would be placed as a means to pay off a promissory note.
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.
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?
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.
that I pay weekly. Do I pay or are they suppose to while I'm injured?
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.
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 »
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 »
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?
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.
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
Do I need a lawyer and about how much compensation am I looking at?
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 »
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 »
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.
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 »
answered on Sep 14, 2012
You should alert the Occupational Safety and Health Administration (OSHA). As far as getting compensation, you would need to file a worker's compensation claim if you are injured and have to go to the hospital. If the employer fights the worker's compensation claim then you need to hire a... Read more »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.