Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Indiana reported 72,400 work-related non-fatal injuries and illness cases in 2022. So, it is safe to assume workers’ compensation matters are fairly common in the state. Whether you work in the hazardous sector or not, you may find yourself in need of a good attorney to help you recover compensation after a workplace accident.
Forbes Advisor has created a list of the best workers’ compensation lawyers in Indianapolis to help you find the best attorney for your case.
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Show Summary
- Best Indianapolis, IN Workers’ Compensation Attorneys
- Compare Top Indianapolis Workers’ Compensation Attorneys
- Workers’ Compensation Laws in Indiana
- How Can an Attorney Help You in Indianapolis?
- How to Choose the Best Workers’ Compensation Lawyer in Indianapolis, IN
- Methodology For Finding the Best Indianapolis Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best Indianapolis, IN Workers’ Compensation Attorneys
Compare Top Indianapolis Workers’ Compensation Attorneys
Workers’ Compensation Laws in Indiana
Indiana employers must obtain workers’ compensation insurance for their employees to cover medical expenses, rehabilitation costs and income benefits in case of workplace injuries. Below is an overview of eligibility, procedures and deadlines under Indiana’s workers’ compensation laws.
Who Is Protected By Workers’ Compensation Laws in Indianapolis, IN?
Almost all employees are protected by the workers’ compensation laws in Indiana. If an employer fails to provide workers’ compensation coverage, they may have to pay heavy fines. The coverage includes:
- Medical costs
- Income benefits
- Short-term and long-term disability losses
- Occupational illness treatment costs
- Funeral expenses
- Benefits to dependents of a worker killed on the job
Any employee injured during the course and scope of employment will be eligible to recover workers’ compensation from the insurer. Some common exceptions are sole proprietors, business partners, limited liability members, independent contractors, corporate officers, licensed real estate agents, railroad employees, athletes on scholarship, inmates and volunteers.
Workers’ Rights Under Indianapolis, IN Workers’ Compensation Laws
Every employee protected by the workers’ compensation laws is covered from the first day of their jobs. If you miss work for more than seven days due to the injury, you can receive weekly income benefits.
You should receive the first installment within 15 days of the date of the injury. For a temporary total disability, your compensation will be two-thirds of your average weekly wage for the past 52 weeks. These temporary total disability benefits must continue until:
- The employee returns to work;
- The employee dies;
- The employee refuses medical treatments;
- The employee has received 500 weeks of benefits;
- The employee is unable to work for other reasons.
Although the employer can choose the medical providers for your treatment, you can challenge their decision by filing an Application for Adjustment of Claim with the Workers’ Compensation Board. Your employer cannot discriminate against you for filing a claim to recover compensation.
Filing Process for Workers’ Compensation in Indianapolis, IN
If you are injured during work, you should inform your employer of the injury as soon as it is practical. If you fail to report the injury within 30 days, you may not be eligible to receive any compensation. The notice should contain the name and address of the employee, the time, place, nature and cause of the injury or death. It should be signed by the employee or their dependents—in case of death—and should be served to the employer.
If the employer or the insurer refuses to pay the benefits, you can contact the Workers’ Compensation Board’s ombudsman division to resolve your disputes with alternative dispute resolution mechanisms. If the dispute persists, you can file an Application for Adjustment of Claim with the Board within two years from the date of the injury. If the injury or death was caused by radiation exposure, a claim can be filed within two years from the date on which the employee knew or should reasonably have known of the injury.
To recover compensation, the worker must present evidence to prove that the injury was in the course and scope of the employment, but they do not need to show fault of any party.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Compensation in Indianapolis
If your claim is denied by the Single Hearing Member of the Workers’ Compensation Board, you can appeal the decision within 30 days. The appeal hearing is held before all the six Single Hearing Members and the Chairman of the Board on the next available Full Board date. They will then present a written award that can be further appealed in the Court of Appeals. The case can go up to the Supreme Court of Indiana.
Although the workers’ comp laws bar an employee from suing the employer and co-workers for work-related injuries, if the negligence of a third party caused the injury, a lawsuit can be filed to recover compensation. A third-party work claim is filed directly in civil courts.
How Can an Attorney Help You in Indianapolis?
Hiring an attorney is always a good idea in workers’ compensation matters, especially because employers and insurers retain experienced defense lawyers to dispute or minimize the compensation. Your lawyer can help you understand the laws and rules applicable to your case and ensure you do not miss any deadlines.
They can explain your rights and responsibilities in detail. They will help you collect evidence and build a strong case to recover fair compensation. Your attorney will negotiate with the insurance company on your behalf and represent you in hearings if a settlement is not reached. If you are unsatisfied with the award, they will help you with the appeal process.
How to Choose the Best Workers’ Compensation Lawyer in Indianapolis, IN
Working with a lawyer will ensure that your interest is represented during the claim proceedings. Here are a few things you should consider to find the perfect lawyer for your case.
- Experience. Workers’ compensation proceedings vastly differ from the legal remedies available for other personal injury claims. Therefore, you should ask your lawyer about their experience dealing with workers’ comp cases.
- Client feedback. Positive reviews and feedback depict successful results and client satisfaction. Therefore, checking client reviews of your lawyer on their websites and other review websites can give you insight into their temperament and experience.
- Comfort level. You will spend considerable time talking to your lawyer and heavily rely on them during the proceedings. So, working with a lawyer you can trust and are comfortable with is a good idea.
Methodology For Finding the Best Indianapolis Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in Indianapolis in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do workers comp lawyers charge in Indianapolis?
Indiana laws define the workers’ comp lawyer fee that can be charged in workers’ comp matters. An attorney representing an employee before the Workers’ Compensation Board of Indiana charges a minimum of $200. The maximum fee depends on the total compensation recovered in the matter. They can charge 20% of the first $50,000 and 15% of any value recovered over the first $50,000. They can also charge 10% of the:
• Unpaid medical expenses;
• Out-of-pocket medical expenses; or
• Future medical expenses.
The Board retains the right to determine the final attorney fee in every matter.
Which body part has the highest value in a workers' compensation claim?
If you have suffered a permanent partial impairment (PPI) due to the workplace injury, your doctor will assign a PPI rating based on the severity of your condition. This rating is converted into a “number of degrees” based on the values assigned to the injured body part in the Workers’ Compensation Act. The body parts not mentioned in the statute are considered impairments of the whole body and are assigned 100 degrees.
This value is then converted to a dollar amount by multiplying it with the corresponding dollar values set by the Workers’ Compensation Board. Therefore, the final compensation for injuries depends on the injury’s severity and the affected body part.
How long does it take to get a workers comp settlement in Indianapolis?
It can take a few months for you to settle a workers’ comp claim and receive the compensation. If the insurer accepts your claim and offers a fair settlement, your matter can be resolved quickly.
However, if your claim is dismissed or you reject the insurer’s offer, you must approach the Workers’ Compensation Board and wait for a determination. After an award is ordered, the insurer must pay it within 30 days after the award date.
