$1.75 MILLION

Workplace Injury

$1.75 million settlement for N.T.'s injuries at a work site.

our client results

Who Is Eligible for Workers’ Compensation in Indiana?
I was injured at work. What’s my next step?
What if my employer says that he doesn’t have workers’ compensation insurance and I was injured while at work?
Can my employer fire me for filing a claim, or tell me not to file?
I live in another state, but I was injured while on the job in Indiana. In which state should I file a claim?
What benefits am I entitled to if my injury is considered compensable?
Am I limited only to workers’ compensation benefits for my injury?
Can I collect workers’ compensation benefits for pain and suffering?
What is an example of a third-party suit?
What is an example of a defective product?
My son was injured at work and he is under 17. Is he eligible for workers’ compensation?
My spouse died as the result of a workplace accident. Can I collect workers’ compensation?

Who Is Eligible for Workers’ Compensation in Indiana?

Generally, if you are employed in Indiana, and are not a federal employee, you are eligible for workers’ compensation if you are injured on the job. You are eligible from the first day of employment. Some categories of workers may be exempt. Check with the Indiana Workers’ Compensation Board or an attorney if you have questions.

I was injured at work. What’s my next step?

The law requires employers to post the name, address, and telephone number of their workers’ compensation insurance provider. The information must be posted in a public place such as a break room. Call the Indiana Workers’ Compensation Board (1-800-824-COMP) if you cannot locate this information.

What if my employer says that he doesn’t have workers’ compensation insurance and I was injured while at work?

The law requires employers to carry workers’ compensation insurance. Contact the Indiana Workers’ Compensation Board (1-800-824-COMP) to verify whether your employer has insurance.

Can my employer fire me for filing a claim, or tell me not to file?

No. This is prohibited by law. Report all threats and actions to the Indiana Workers’ Compensation Board.

I live in another state, but I was injured while on the job in Indiana. In which state should I file a claim?

You should file the claim in Indiana if you work in Indiana or your employer is based in Indiana (such as a trucking company).

What benefits am I entitled to if my injury is considered compensable?

You are entitled to:

  • Your lost wages, at two-thirds your average weekly rate, for as long as you are told not to work by the doctor authorized by the workers’ compensation insurance company.
  • Payment for a permanent partial disability, if the doctor authorized by the workers’ compensation insurance company feels this is due to the work injury.
  • Payment of medical expenses to the providers selected by your employer or their insurance carrier, and reimbursement of certain out-of-pocket expenses.

Am I limited only to workers’ compensation benefits for my injury?

A number of situations exist where you may be able to sue for damages caused by your injuries. Examples include:

  • An injury caused by a defective product might entitle you to initiate a product liability action against the product’s maker.
  • An injury caused by a toxic substance might entitle you to initiate a toxic tort lawsuit against the toxic substance’s maker.
  • An injury caused by a third party might entitle you to initiate a personal injury lawsuit against the third party.
  • If your employer does not have workers’ compensation insurance, you might be able to sue them in a civil action or collect money from Indiana’s special fund for such cases. The Workers’ Compensation Board of Indiana will also take action against them.
At McNeely Stephenson, we provide help to workers injured on the job. Do you have a case? You can talk to our attorneys to find out.

MORE QUESTIONS? CONTACT US FOR HELP

Can I collect workers’ compensation benefits for pain and suffering?

No, you cannot. You would need to bring a legal action against your employer or other responsible party. If you collect workers’ compensation, you will lose the right to sue your employer. However, in Indiana, you cannot sue your employer for intentional or reckless bad actions. You can, however, sue a third party.

What is an example of a third-party suit?

If you are driving somewhere on company business in a company vehicle and someone runs a red light and hits you, resulting in injury, you can sue the person who ran the red light. If that person was also driving on business, you may be able to sue their employer.

Another example is a burn injury. Even if you are receiving workers’ compensation benefits, you might be able to bring a third party lawsuit against the company who created a defective product that caused your burns.

What is an example of a defective product?

A common defective product is a piece of unsafe machinery. If you have been injured by a defective or unsafe machine or piece of equipment, you may be eligible for reimbursement of medical bills, pain and suffering, and lost wages. The manufacturer of the machine or equipment would be responsible. These injuries often happen in construction accidents, equipment accidents, or burn injuries.

My son was injured at work and he is under 17. Is he eligible for workers’ compensation?

Any minor — that is, someone under the age of 17 at the time of the accident — is covered. If the minor was working in a situation where the employer was violating Indiana labor laws, he may be entitled to double benefits.

My spouse died as the result of a workplace accident. Can I collect workers’ compensation?

You are eligible for certain payments under the Indiana workers’ compensation system if your spouse dies as a result of a workplace accident. You can also sue for wrongful death in certain cases, such as negligence. Speak with legal counsel if you have doubts about your situation.

Were You or a Loved One Injured On the Job? Let Us Put Our Resources to Work for You

If you or a loved one believes you have a workplace injury case in Indiana and you would like to explore your options, contact our workplace injury attorney Mike Stephenson. Mike will work hard to obtain the justice and compensation you are owed.

At McNeely Stephenson, we believe justice matters. We will put our time, energy and resources to work for you to achieve justice in your case. A free consultation is just a phone call away – dial 1-855-206-2555.
Do you have a case?

real-life cases

“B.K.” was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C.

D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.’s blood alcohol level was more than twice the legal limit.

As a result of the terrible wreck, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.’s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol.

Stephenson pursued dram shop claims against those responsible CASE SUMMARY

D.H. was a competitive bicyclist who was riding in preparation for a cross-country fundraising ride. In the spring of 2010, D.H. was riding across an old steel-grated deck bridge in Shelby County when he hit a hole in the bridge and flipped over the handlebars of his bike. The impact to the bridge decking caused severe injuries to his face, teeth, tongue, and elbow.

Through the investigation, they were able to learn as early as 1998, the bridge inspection reports showed the bridge in question needed to be replaced. The county never authorized additional inspections. The county obtained $844,000 in funding for the replacement of the bridge in 2000, but the Historical Society and adjacent property owners wanted the bridge repaired rather than replaced.

This crash could have been avoided if the inspectors and county had done their jobs. CASE SUMMARY

Our client (“D.W.”) was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.’s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries. Before trial, the defendant’s company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case.

The defendant was correct; the verdict was twice that amount. CASE SUMMARY

Hand the worry over to us and let our resources back you up.

Mike Stephenson is a Martindale-Hubbell AV-rated attorney, the highest possible attorney peer rating. When you call Mike, you can have complete confidence — you are talking with an attorney who has more than 30 years’ experience offering compassionate and successful representation for his clients.

What is your next step? Contact Mike today using our contact form, or call 1-317-825-5200.

Updates
Personal Injury Lawyer
November 12, 2018 / Distracted Driving, Motorcycle Accidents
Motorcyclists Using Cell Phones???

Indiana saw the nation’s steepest spike in motorcycle-related deaths between 2016 and 2017. Early indications appear to point toward another increase in deaths among motorcyclists in the state. According to Will Wingfield of the Indiana Criminal Justice Institute, “That’s something we don’t want to see.” Wingfield suggests that the increase in motorcycle deaths can be traced to an increase in the number of inexperienced drivers and a...

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Mike Stephenson is a Super Lawyer in Indiana along with many of his peers at McNeely Stephenson. This is one of the highest honors an attorney can achieve

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The AV Preeminent Rating from Martindale Hubbell is the HIGHEST RATING and considered a significant accomplishment. It is a peer-reviewed process reflecting that other attorneys rank Mike Stephenson at the highest possible level of professional excellence.

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Attorney Mike Stephenson is a proud member of The Litigation Counsel of America’s Honorary Society. A close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the “best trial lawyers” in the country. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service; an invitation-only collegial network.

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The American Board of Trial Advocates is an invitation-only organization for attorneys of “high personal character and honorable reputation.” ABOTA works for the preservation of the civil jury trial, “Justice by the People,” and supports the right of a jury trial.

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Our attorneys are proven advocates and trial attorneys. They have served as lead trial counsel in more than 100 civil jury trials, and have handled litigation in 18 states