WHEN WORKMEN’S COMP ISN’T NEARLY ENOUGH
Workers deserve to be protected, and for that reason, employers are required to carry workers’ compensation insurance. Workers’ comp is regulated on a state level, with each state having its own requirements and penalties. Facts worth knowing about the Worker’s Compensation system include:
- The workers’ compensation system in Indiana is designed to compensate injured workers for medical bills, lost wages, and permanent impairments.
- The program covers “injury by accident arising out of and in the course of employment”.
- In Indiana, there is a no-fault standard of “causation”. That means an injury need only happen in the workplace to be covered. Even a pre-existing condition that is aggravated in the course of work is covered under workers’ comp.
- In Indiana, the initial choice of treating physician lies with the employer – the company doctor must be first consulted.
- All workers in Indiana receive the same workers’ comp recovery regardless of occupation.
- Indiana has an early return to work program which tends to cut costs.
Although workers’ compensation can provide money and benefits to an injured worker, that money and those benefits may fall way short of being enough, nolo.com points out. Why?
- Workers’ compensation temporary and permanent disability payments are usually low. Workers’ compensation temporary and permanent disability payments are usually low.
- Workers’ comp doesn’t include money for pain and suffering.
- Workers’ comp does not provide punitive damages when the employer has poor safety controls or the workplace has dangerous conditions.
Despite these drawbacks, generally speaking, once you accept a workers’ compensation settlement, you cannot bring a negligence claim against your employer. For that reason, it is important to consult a personal injury attorney before signing any documents. At Ramey & Hailey Law, we know that employers often attempt to deny claims or at least to reduce compensation. Our experience in gathering medical opinions and testimony from vocational experts can make a big difference, we’ve found.
When you or a loved one has been injured on the job and you fear the workers’ compensation settlement is not going to be enough, having an experienced personal injury attorney on your side can be a very good idea.