As an Indiana statutory benefit for employers and employees, Indiana Workers’
Compensation laws create a type of insurance offering. Under the Indiana
Work Comp system, an
injured Indiana worker will be provided wage replacement (2/3 of their average weekly
wage) and medical benefits when they are injured in the course of their
Indiana employment. The trade-off for this benefit or no fault system,
however, is the mandatory relinquishment of the Indiana employee’s
right to sue his or her employer under the civil judicial system (tort
laws). What does this mean for the average Indiana Worker or their employee?
Basically, it means that in the event they are injured in the course of
and within the scope of their employment, they need not prove their employer
was negligent in order to hold them liable for their wage replacement
and medical benefits. In addition, should the employee sustain a permanent
impairment, under Indiana laws he or she would be entitled to a schedule
impairment rating and corresponding compensation. Conversely, while the
employee need not prove negligence on the part of their employer, the
employee cannot obtain ordinary tort recovery such as pain and suffering
or emotional distress. The exception to these general rules may fall where
the employee is injured at the hands of a non-employer third party, such
as a general contractor or a sub-contractor that is not their employer.
These types of cases are also frequently seen when employees are injured in
auto or truck accidents while driving a work vehicle or driving their own vehicle for work purposes.
In such cases, an employee may pursue a direct legal claim against the
third party and may avail themselves of all civil tort remedies such as
pain and suffering.
Indiana Workers’ Compensation laws differ greatly than those statutes
that guide typical civil claims. Should you be injured in the course of
your employment, it is imperative that you consult with an Indiana Work
Comp Lawyer. As full-service injury firm, the lawyers of Crossen Kooi
are well versed in the details important to the Indiana Workers’
Compensation system. Our Work Comp Attorneys will evaluate your claim
immediately, at no charge to you and ensure that you are opening all of
the windows to full recovery. As always, our work injury lawyers will
evaluate your claim at no charge to you unless we are able to obtain recovery.
You will never be charged an initial consultation fee or will you ever
have to pay for fees or expenses until your claim is resolved. If you’d
like to speak to one of our work comp injury lawyers, please call us.