Workers’ Compensation: What You Need to Know

Navigating workers’ compensation can be daunting, and we understand you likely have questions.

At Golitko & Daly, P.C., we help injured workers pursue maximum workers’ compensation. We review your situation to uncover all potential sources of compensation. Our diverse legal team includes medical and IOSHA-certified attorneys specializing in workplace injury cases.

Here are answers to our most frequently asked questions about workers’ compensation.

What is workers’ compensation?

Workers’ compensation is a system of insurance that provides financial and medical benefits for workers unable to perform their jobs due to work-related injuries. It protects employees and employers by providing a streamlined process for compensating injured workers without legal action. However, sometimes legal action is necessary to receive total compensation.

Learn more about workers’ compensation here.

What injuries are covered by workers’ compensation?

As long as your injury is not self-inflicted, Indiana workers’ compensation covers all injuries and illnesses that occur at work and are related to job duties. In some circumstances, workers’ comp may cover your illness or injury if it happened outside of the workplace but at a work event, like an off-site meeting. The best way to maximize your chances of a favorable outcome is to immediately report the incident to your employer and consult your lawyer.

Learn more about work-related injuries here.

What benefits can I receive through workers’ compensation?

In Indiana, workers’ compensation benefits typically cover medical expenses, rehabilitation costs, and some of the injured employee’s lost wages. Benefits include:

• Medical care
• Medications and medical equipment
• Compensation for lost wages
• Compensation for permanent impairments

I was injured at work. What should I do?

If you were injured at work, immediately report the incident to your employer. Then, seek medical attention. After that, discuss your options with an attorney who can make sure you receive the coverage you deserve.

My claim was denied. Is there anything I can do?

Employers and providers often unfairly deny claims to save money. If your workers’ compensation claim was denied, you may need to supplement medical records or provide more documentation. Additionally, you must seek experienced legal counsel. Save all correspondence regarding this issue; your lawyer can discuss the next steps with you.

Learn more about claim denials here.

What if I can no longer perform my job after recovering from my injury?

If you can no longer perform your job after recovery, consult our legal team to review your options.

When it comes to treatment, can I get a second opinion?

Yes, you can obtain a free second opinion or independent medical examination after a work injury. Your employer or their insurance company will be responsible for covering that cost.

Can I be fired for filing a workers’ compensation claim?

No. Under Indiana law, your employer cannot fire you in retaliation for filing a workers’ compensation claim. If an employer unfairly terminated your employment because of a claim, you may be entitled to further restitution.

How long do I have to file a workers’ compensation claim after an injury?

In Indiana, you can file a workers’ compensation claim up to two years from the date of your injury.

Do I need a lawyer for a workers’ compensation claim?

While you do not have to have a lawyer to file for workers’ compensation, an experienced lawyer will help you receive the most favorable outcome. If you incur any challenges filing, like your employer denies your claim or you are severely injured, we recommend hiring a lawyer.

Can I receive workers’ compensation for repetitive stress injuries?

Indiana workers’ compensation covers most repetitive stress injuries. However, denial of repetitive stress injury claims is common. If your claim is denied, our specialized lawyers can help you achieve the best outcome possible.

Can I sue my employer for a workplace injury?

In Indiana, you cannot sue your employer in court for negligence after a workplace injury. For this reason, maximizing your workers’ compensation recovery benefits is crucial. Depending on the circumstances of your case, a third-party negligence case may be possible if an unrelated party caused the injury.

How can I learn more?

If we didn’t answer your question or you’d like a free consultation, call Golitko & Daly, P.C.’s Indianapolis office at 317-566-9600, Kokomo office at 765-865-9300, or the Bloomington office at 812-566-2600. Or, send us a message online to learn more. You won’t pay any lawyer fees unless we obtain compensation for you.