After an injury at work, you must understand your legal rights in bringing a workers’ compensation claim. Usually, the laws that govern workers’ compensation prevent you from filing a lawsuit against your employer for a work-related injury or illness. But the system offers benefits for injured employees to offer important benefits like medical care. If you have concerns or questions about an on-the-job injury, consult with a Fort Wayne workers compensation lawyer. The lawyer can provide you with the information you need to make informed decisions.
Are You Eligible for Benefits?
As a Fort Wayne employee who got hurt at work, you are entitled to get benefits unless you were an independent contractor or a federal worker that the Federal Workers’ Compensation Act covers. Also, entitlement to benefits may be denied if the injury happened beyond your job’s scope or work time.
If you have questions regarding eligibility, report the workplace accident to your superior or employer. Also, you can contact an attorney to discuss your situation. Not reporting the accident and not following the law on workers’ compensation claims could lead to a claim denial.
Steps to Take When Reporting a Work-Related Injury
Under the law, employers in Fort Wayne, Indiana should post the worker’s compensation insurance company’s name and contact information in a prominent location like a break room. If this information is not easily available in your workplace, contact the Workers’ Compensation Board in Indiana. You must report the injury as soon as possible and request medical care from your employer. Should you need emergency medical attention, visit the emergency room and report the injury after you gain stability in your condition.
Can You Pick Your Own Doctor?
The workers’ compensation insurance company of your employer will select a doctor to treat the injuries you have suffered. Not going to the chosen doctor or going to another doctor the insurance company did not authorize will result in the termination of your benefits. When this happens, you will have to pay for your medical care. Make sure to keep your appointments and follow the instructions of your doctor. Not complying with treatment can result in the denial and termination of your benefits.
Sometimes, the appointed doctor may release you before you reach full recovery from the injury. If this is the case, you may be allowed to seek an independent medical examination that your employer or their insurer will pay for. If you do not agree with the results or are not allowed to seek an independent examination, contact a workers’ comp attorney.
Can You Get Reimbursements for Lost Wages?
Aside from getting medical treatment for the injury you have suffered at work, you may be eligible for other benefits. If your injury forced you to miss work, you can get 2/3 of your average wage every week until you can return to work as advised by your treating doctor. If you suffer a permanent disability, the insurance company may also provide you with disability benefits. Also, you can be reimbursed for out-of-pocket costs like transportation costs for going to your medical appointments and medication costs.
But you cannot be compensated for emotional and suffering and physical pain as you can in personal injury cases. If a third party, toxic substance, intentional act, or defective product caused your injury, you could be compensated for pain and suffering. Speak with your attorney to know if you are eligible for a third-party claim.
Your attorney will handle talks with insurers and the workers’ compensation board for you. This way, you can concentrate on getting well. If the insurer denies your claim, the attorney can appeal the denial. You can increase your chances of having a successful appeal if you have an attorney handling your case.
