Injured and Disabled Workers' Rights
The worker’s compensation laws for the State of Indiana are designed to protect and compensate employees who are injured at work. This accident insurance program is paid for by employers in order to provide medical, rehabilitation, and income benefits for employees injured on the job. These laws are admininstered by the Indiana Worker's Compensation Board.
It is imperative for employees to understand their rights when injured at work. Employees who do not have an adequare understanding of their rights and responsibilities risk being unable to properly recoup medical costs or loss of wage benefits. Unfortunately, employers sometimes treat their injured employees unfairly or do not themselves understand all of their responsibilities under the law.
Another concern for injured workers is that insurance companies at times put their own financial interests above the well-being of workers. Employers and insurance companies are not required to tell employees how to maximize benefits through the workers’ compensation system. Therefore, it is critical that injured workers seek support from a qualified workers’ compensation attorney. Attorney Charles A. Carlock has extensive experience representing injured workers throughout Indiana.
Indiana Worker Rights
Every worker has rights when injured on the job. Assistance from an attorney who focuses on workers’ compensation cases helps workers safeguard their rights.
Injured Worker's Rights Include:
- Right to file a claim if injured at work
- Right to see a doctor and pursue medical treatment
- Right to seek a second opinion
- Right to return to work in certain situations
- Right to lost wages, including temporary total disability (TTD) and temporary partial disability (TPD)
- Right to permanent partial impairment (PPI) compensation, if you qualify
- Right to prescription medication and mileage reimbursement
- Right to seek permanent total disability benefits (PTD)
Steps To Follow When An Injury Occurs On The Job
According to the National Safety Council, every seven seconds an employee is injured on the job site. Follow these important steps after a workplace accident.
- Report the injury to your employer as soon as possible
- Seek medical attention for your injury
- Follow the orders given by your medical professional
- Document all your medical appointments, missed days of work, travel, and out-of-pocket expenses
- Contact a worker's comp attorney
Work injury benefit claims can be challenging and stressful for injured employees. With the help of an experienced attorney like Charles Carlock, workers hurt on the job gain the guidance needed to navigate the claim’s process so that adequate medical care and wage compensation can be received.
Rights Against Parties Other Than The Employer
Indiana workers’ compensation laws prevent injured workers from suing their employer or coworkers for causing a work-related injury unless it can be proven that the employer or employee purposely harmed the worker. Workers’ comp benefits are designed to provide employees injured at work with adequate medical and income replacement compensation.
Workers may also have the right to pursue what is referred to as a third-party lawsuit. Unlike a workers’ compensation claim, which is administered through the Indiana Worker’s Compensation Board, third-party lawsuits are handled in civil courts. This type of lawsuit, sometimes referred to as a personal injury claim, is filed against an individual or business, other than the employer, who caused the work-related injury.
Types Of Third-Party Work Claims
Motor Vehicle Accidents
A delivery driver is completing a delivery for work and is hit by another vehicle. The driver may receive worker's compensation medical and wage benefits from his employer and pursue a third-party lawsuit against the driver of the vehicle that hit him.
On most construction sites there are multiple contractors and sub-contractors. If another contractor on-site is negligent or provides an unsafe or hazardous work condition, this could qualify as a means to pursue a third-party claim.
Off-Site Workplace Accidents
If an employee is injured while working, but is on an alternate worksite, this could be a situation to pursue a third-party claim. For example, an HVAC worker completes repairs at a client’s home and is injured while at the client’s residence.
If an employee is injured while at work using faulty equipment or machinery, an employee may pursue a claim against the manufacturer of the equipment or the business or person responsible for repairing or maintaining the equipment.
Fighting For The Rights Of Indiana's Injured Workers
It is important to know your rights when you are injured at work. Workers' compensation laws exist to protect injured workers. Your best defense if you are involved in a workplace accident is to hire a worker's compensation lawyer. Attorney Charles Carlock works solely on behalf of injured workers. Call or email Charlie for help with your claim.