As an Indiana statutory benefit for employers and employees, Indiana Workers’ Compensation laws create a type of insurance offering. Under the Indiana Work Comp system, an injured Indiana worker will be provided wage replacement (2/3 of their average weekly wage) and medical benefits when they are injured in the course of their Indiana employment. The trade-off for this benefit or no fault system, however, is the mandatory relinquishment of the Indiana employee’s right to sue his or her employer under the civil judicial system (tort laws). What does this mean for the average Indiana Worker or their employee? Basically, it means that in the event they are injured in the course of and within the scope of their employment, they need not prove their employer was negligent in order to hold them liable for their wage replacement and medical benefits. In addition, should the employee sustain a permanent impairment, under Indiana laws he or she would be entitled to a schedule impairment rating and corresponding compensation. Conversely, while the employee need not prove negligence on the part of their employer, the employee cannot obtain ordinary tort recovery such as pain and suffering or emotional distress. The exception to these general rules may fall where the employee is injured at the hands of a non-employer third party, such as a general contractor or a sub-contractor that is not their employer. These types of cases are also frequently seen when employees are injured in auto or truck accidents while driving a work vehicle or driving their own vehicle for work purposes. In such cases, an employee may pursue a direct legal claim against the third party and may avail themselves of all civil tort remedies such as pain and suffering.
Indiana Workers’ Compensation laws differ greatly than those statutes that guide typical civil claims. Should you be injured in the course of your employment, it is imperative that you consult with an Indiana Work Comp Lawyer. As full-service injury firm, the lawyers of Kooi are well versed in the details important to the Indiana Workers’ Compensation system. Our Work Comp Attorneys will evaluate your claim immediately, at no charge to you and ensure that you are opening all of the windows to full recovery. As always, our work injury lawyers will evaluate your claim at no charge to you unless we are able to obtain recovery. You will never be charged an initial consultation fee or will you ever have to pay for fees or expenses until your claim is resolved. If you’d like to speak to one of our work comp injury lawyers, please call us.