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Indianapolis Workers Compensation
The world of workers compensation is rarely easy to navigate—especially when you’re suffering from a serious injury. An Indianapolis workers compensation lawyer can guide you toward the full benefits you deserve.
Being injured at work can bring an onslaught of challenges workers simply can’t be prepared for. Not only will you have to deal with the repercussions of an injury or illness, but you’ll also need to handle your finances while you’re out of work. This can be a daunting task, particularly for those who live paycheck to paycheck.
Luckily, Indiana is one of many states that require employers to purchase workers compensation insurance coverage to ensure the financial security of their employees in the event of a workplace injury or illness. Continue reading to learn more about what you can expect from your Indianapolis workers compensation claim.
Eligibility for Approval
To qualify for workers compensation benefits, you must meet specific criteria. Many people are under the impression that you must have been employed with your company for a period of time or worked a certain number of hours before becoming eligible. However, all employees are covered under workers compensation from their first day of work in Indiana.
You must have been on the clock and performing the duties of your position or those requested of you. If you were in violation of company policies, including horseplaying or breaking the law, when you were injured, your employer may try to fight the dispersal of your benefits. If your employer or work comp insurer are unfairly fighting your Indianapolis work comp claim, a lawyer can help you fight back.
What to Expect from Your Workers Comp Benefits
One of the most pressing questions on every injured employee’s mind is how much compensation they can receive. The answer to this question will vary, depending on the severity of your injury and how much your weekly income was before you were injured or fell ill. As a general rule, you can expect to receive up to two-thirds of your pre-injury weekly income.
An area that often concerns out-of-work employees is how long they’ll be able to collect workers compensation benefits in Indianapolis. You’ll be able to collect these benefits until your treating physician clears you to return to work or you exhaust the maximum allowable number of weeks, at which point you can receive permanent disability benefits.
Probably the most worrisome item for an injured employee who is seeking workers compensation benefits is how the involved employer will take it. The good news is that you cannot be fired or retaliated against for seeking workman’s comp benefits.
Wrongful termination is a punishable offense that your attorney and the Worker’s Compensation Board of Indiana (WCB) can handle. If you have been retaliated against for filing a workers comp claim in Indianapolis, reach out to a qualified lawyer at our firm.
How to Handle a Denied Indianapolis Work Comp Claim
When the insurance company has denied your work comp claim, our first step will be to speak with the insurance adjuster to determine the reasoning for the denial. Usually, we are able to correct the issue (if there is, in fact, a real issue), provide any missing documentation, and gain approval. If this isn’t the case, we can go through the Informal Dispute Resolution process offered by the WCB.
If we still cannot come to an agreement with the insurance company, we will file a formal Application for Adjustment of Claim, for which a WCB member is assigned to resolve the dispute. If the assigned member denies your claim, as well, we can file an appeal with the WCB that will be heard by six members and an appointed chairman.
In a very unlikely worst-case scenario, in which we have exhausted all avenues through the WCB, we can proceed with an appeal in court.
Call an Indianapolis Workers Compensation Lawyer
A work injury can take a heavy toll on your life when you’re already dealing with a challenging recovery. If you need help filing your claim, are unsure of what you can expect from your work comp benefits, or are fighting a denial from the insurance company, contact the qualified and experienced legal team at Kooi Law today.
An Indianapolis workers compensation lawyer from our firm will stand by your side, advocating for your right to benefits until your case is resolved. Schedule your no-obligation consultation by calling (317) 569-1335 or filling out the convenient online contact form at the bottom of this page.