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Indiana Workers Comp Rights
When you’ve been injured in a work accident, you need to know your rights when seeking workers comp benefits. All workers have certain rights that should be met, and if they aren’t, you might need to take legal action to obtain the compensation you need for recovery.
Knowing your Indiana workers comp rights before you file is important. Get started by speaking with a lawyer from Kooi Law. We understand just how devastating the aftermath of a work injury can be, and we’re prepared to fight for the funds you deserve. We want you to know your rights before you file, so you know what to do if your employer tries to withhold your benefits.
Your Right to Coverage
Most employers are required to carry workers comp coverage, with limited exceptions. This coverage should be provided starting on your first day of work.
You also have a right to be made aware of this coverage. By federal law, your employer must notify you that you have work comp coverage. This notice is usually through boards or notes posted in a noticeable location in the workplace.
For example, you might see one of these posters in the break room. The poster should clearly state your workers comp benefits, which employers are eligible, and who to contact in case of a work accident.
If your employer fails to notify you of your workers comp insurance, or if you believe they should carry it but they claim not to, you might need to speak to an attorney. Your employer could be in violation of federal laws, and you need an experienced work comp lawyer to act quickly.
Your Right to Benefits
Workers are also entitled to certain benefits in their coverage. When you file your claim and are approved for compensation, the insurance provider will determine how much compensation you need for a full recovery. This might include any of the following:
- Medical benefits
- Partial disability
- Total disability
- Death benefits
This means that you should have coverage for all injuries, as well as wage replacement based on your disability. For example, if you’re able to return for light duty after a construction accident, your disability compensation will be two-thirds of the difference between your full salary and your disability amount. If you’re unable to return until you’ve recovered fully, you’ll receive two-thirds of your full salary.
If you’re seeking compensation after the death of a loved one, you should receive compensation for both the burial and the loss of income. You could receive these benefits much like an injured worker would.
Your Right to Appeal
Your Indiana workers comp rights are important, and you might be concerned that those rights aren’t being respected. Your insurer might not be covering the full amount you need for recovery, for example; or, they might have denied your claim completely.
When this happens, you need a lawyer from Kooi Law on your side. You might need to schedule a hearing and prepare to fight for your claim in court. An experienced work comp attorney in Indiana can represent you through each step. Get started with a free consultation.
Struggling with your workers comp rights? Speak to a lawyer about your claim by calling 317-569-1335 or by filling out the online form below.