Lawyers, Answer Questions  & Get Points Log In
Indiana Workers' Compensation Questions & Answers
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.

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 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 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 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 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 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: 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: My company is welding pool cover fabrics without propr ventalation.its poising me. Could i get compensation?
Timothy Coe
Timothy Coe 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 »

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 »

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.