What to Do After a Workplace Injury in Indiana

Suffering an injury at work can be as stressful as it is painful and debilitating, but taking the right steps immediately after the accident can protect your health and ensure you receive the benefits you deserve. If you have been injured on the job in Indiana, follow this comprehensive guide to safeguard your rights and build a strong claim. For personalized legal advice and assistance tailored to your unique situation, contact Lee Cossell & Feagley, LLP, to speak with an experienced Indianapolis workers’ compensation attorney dedicated to your health and success.

1. Seek Medical Attention Immediately

Your health should always be the top priority. If your injury is severe or life-threatening, call 911 or visit the nearest emergency room. For non-emergency injuries, inform your employer and seek medical care from an approved healthcare provider under your employer’s workers’ compensation insurance. Indiana law requires injured workers to seek treatment from an employer-approved doctor unless it is an emergency.

Delaying medical treatment can not only worsen your condition but also harm your claim. Insurance companies may argue that your injury is not as serious as you claim or that it was caused by something unrelated to work. Be sure to keep records of all medical visits, diagnoses, and prescribed treatments.

2. Report the Injury to Your Employer

Indiana law requires injured workers to report their injuries to their employer as soon as possible. You should report the injury in writing within 30 days at the latest, but the sooner, the better. Provide details about how, when, and where the injury occurred.

Even if your injury seems minor, reporting it ensures that you are protected if symptoms worsen over time. Failure to report the injury promptly may jeopardize your claim, and the insurance company may argue that the injury did not occur at work.

Be sure to keep a copy of your written report for your records. If your employer fails to file a claim with the workers’ compensation insurance company, you may need legal assistance to ensure your rights are upheld.

3. Document the Incident

Keeping thorough records can significantly strengthen your workers’ compensation claim. Consider the following steps:

• Take Photographs: If possible, take clear pictures of the accident scene, any hazardous conditions that contributed to your injury, and any visible injuries you sustained.
• Obtain Witness Statements: If coworkers or others witnessed your injury, ask them to provide a written statement describing what they saw.
• Keep a Personal Injury Journal: Write down details about your pain levels, symptoms, and how the injury is affecting your daily life and ability to work.
• Maintain Copies of Medical Records: Obtain and keep copies of all medical evaluations, test results, prescriptions, and doctor’s notes regarding work restrictions.
• Track All Communication: Keep records of any communication with your employer, the insurance company, or medical professionals regarding your injury and claim.

4. Follow the Doctor’s Orders

Once you have sought medical care, following your doctor’s orders is crucial. Your workers’ compensation benefits may depend on your compliance with medical treatment. Attend all scheduled appointments, take prescribed medications, and follow any restrictions on physical activity or work duties.

If you fail to follow your treatment plan, the insurance company may argue that you are not as injured as you claim, which could result in a denied or reduced claim. If your employer asks you to return to work before you are medically cleared, seek legal guidance before making any decisions that could jeopardize your recovery and benefits.

5. Understand Your Workers’ Compensation Benefits

Indiana law requires most employers to carry workers’ compensation insurance. If your claim is approved, you may be entitled to the following benefits:

• Medical Expenses: Your employer’s insurance should cover all necessary medical treatments related to your injury, including doctor visits, surgeries, rehabilitation, and prescriptions.
• Temporary Total Disability (TTD) Benefits: If your injury prevents you from working, you may be eligible for wage replacement benefits, typically two-thirds of your average weekly wage.
• Temporary Partial Disability (TPD) Benefits: If you can return to work in a limited capacity but earn less than before, you may receive partial wage replacement benefits.
• Permanent Partial or Total Disability Benefits: If your injury results in lasting impairment, you may qualify for long-term compensation based on the severity of the disability.
• Vocational Rehabilitation: If your injury prevents you from returning to your previous job, you may be eligible for training or assistance to find new employment.

Understanding these benefits can help you determine whether the insurance company is offering fair compensation for your injury.

6. Be Cautious When Dealing With Insurance Companies

Workers’ compensation insurance companies may try to minimize their payouts or deny valid claims to protect their bottom line. Do not give recorded statements without legal advice, as insurance adjusters may try to get you to make statements that can be used against you. Be honest but brief, and stick to the facts when describing your injury. Do not speculate about fault or downplay your symptoms.

Do not sign anything without reviewing it; insurance companies may try to pressure you into accepting a quick settlement that is lower than what you deserve. Also, keep copies of all correspondence, including any emails or letters. Phone conversations with the insurance company can be documented by making a contemporaneous note and summary of the call.

If your claim is denied or the insurance company offers inadequate compensation, seeking legal representation can help you fight for the benefits you deserve.

7. What If Your Workers’ Compensation Claim Is Denied?

If your claim is denied, don’t panic. Many workers’ compensation claims are initially denied for reasons such as insufficient evidence, late reporting, or disputes over whether the injury is work-related. You have the right to appeal the decision through the Indiana Workers’ Compensation Board. The appeals process may involve filing a formal appeal with the Indiana Workers’ Compensation Board and attending a hearing before a workers’ compensation judge, where you will present evidence, medical records, and witness testimony to support your claim.

An experienced workers’ compensation attorney can advise and represent you through this complex process to improve your chances of success.

8. Consult an Indiana Workers’ Compensation Attorney

If you encounter any difficulties with your claim—such as a denial, delays in benefits, or pressure from your employer to return to work too soon—consulting an attorney can make all the difference. A skilled workers’ compensation lawyer can help you gather and present evidence to support your claim, negotiate with the insurance company for a fair settlement, represent you in hearings and appeals before the Indiana Workers’ Compensation Board, and ensure that you receive all the benefits you are entitled to under Indiana law.

At Lee Cossell & Feagley, LLP, we are dedicated to helping injured workers get the compensation they need to recover and move forward.

Contact Lee Cossell & Feagley, LLP Today

Going through the workers’ compensation process can be challenging, but you don’t have to do it alone or without legal help. If you have suffered a workplace injury in Indiana, contact Lee Cossell & Feagley, LLP today for a free consultation. Our experienced attorneys are ready to fight for your rights and help you secure the compensation you deserve.