Best Workers Compensation Attorneys in Evansville

FAQs

• What is the non-emergency contact number for the local police station in Evansville, Indiana?

  For non-emergency situations, call 812-436-7956 to reach the Evansville police response team.

• Where can I get a copy of police report for incidents related to my case in Evansville, Indiana?

  Involved individuals can obtained incident reports in the Records Department of the Evansville Police Headquarters, located at 15 NW Martin Luther King Jr. Blvd. Evansville, IN 47708.

• What is the difference between a worker's compensation claim and a personal injury claim in Evansville?

  Employees in Evansville who suffer an accident while on the job should submit a workers' compensation claim, while individuals who suffer injuries as a result of another party's wrongdoing could pursue a personal injury claim. When seeking benefits under workers' compensation, injured Evansville employees are still entitled to compensation even if they contributed to the injury. However, in personal injury cases, it must be shown that another party was to blame for the injury.

• Is an Evansville injured independent contractor eligible to receive workers' compensation benefits?

  Yes. However, Evansville follows Indiana's 10-factor test to determine whether an injured independent contractor has the right to workers' compensation benefits. This test evaluates if the everyday actions of injured employees in Evansville are continuously monitored, how much control their employer has over the specifics of their employment, and whether their company provides the materials and workspace they use. If they pass all these tests, they are entitled to recover damages.

• What kinds of injuries are covered under Evansville's workers' compensation?

  Workers' compensation in Evansville covers a range of injuries, from simple physical afflictions like sprains and whiplash to catastrophic injuries like broken bones, hearing loss, and head trauma. Workers' compensation covers injuries from repetitive motion and electric shocks that can occur on construction sites, as well as illnesses that warehouse employees may get after being exposed to mold or poisonous chemicals. Wrongful death is also covered by Evansville's workers' compensation law.

• How do employers handle a workers' compensation claim in Evansville?

  Employers in Evansville have three obligations to employees who have sustained an on-the-job injury. These include providing them with medical care, choosing their preferred doctor, and paying for the injured workers' medical expenses if they refuse their medical care. Evansville employers should provide temporary total disability or temporary partial disability benefits for employees who missed work due to injuries. Additionally, they should give additional compensation to their employees who reach maximum medical improvement, according to the Indiana Workers' Compensation Law.

• Can an Evansville employee who is injured be dismissed while filing a workers' compensation claim?

  No. Evansville injured employees who are pursuing a workers' compensation claim cannot be fired for any reason at all from their job as they are exercising their statutory rights under Indiana's Workers Compensation Act. If they were terminated while filing a workers' compensation claim in Evansville, they have the right to sue their employer for a Frampton claim or a retaliatory discharge claim.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.