It’s happened–you were at work, doing your job, and an accident occurred. Now, you’re on your way to the hospital, and there’s no way you can work for some time. At least, not in your usual position. So, now what?
Now, you must seek out work compensation. However, you also must know what rights you have for workers comp. The process is often complicated, and some employers aren’t forthcoming with the information you need. That could mean delaying or losing your settlement without the knowledge about your rights that you need to fight back.
Need your workers comp, but don’t know where to begin? Make sure you know the following Indiana work comp laws, before you get started. The more you know, the better you can prepared for your claim for workers compensation in Indiana.
You Have a Right to File
While most Indiana workers are covered, getting workers compensation isn’t an option for some employees. It’s sad, but some employers won’t be required to carry workers comp insurance, which leaves you dealing with the injuries they should have paid for.
As such, start out by making sure you have the option to file. If your employer does offer workers comp benefits, great! You’ll be able to file right away after you’re injured. If you’re not sure, it can be a little trickier. After all, not every workplace has a break room or other site to display information about your rights and benefits. You’ll need a little help to dig deeper.
Some Indiana residents will unfortunately be unable to apply and may need to speak to a lawyer about their options. These people may be one of the following:
- Most railroad workers, who will be covered by other statutes
- Policemen and firefighters, who have a separate pension fund
- Independent contractors
- Nonprofit, tax-exempt organizations
While few groups are exempt from this coverage, you might find yourself in for an unhappy surprise, so speak to your employer or a lawyer if you’re concerned that you may not have coverage. They’ll be able to answer your questions and direct you down the right path.
You Have a Right to Appeal
On the other hand, you might have had no problem applying for your benefits. You and your employer filled out the correct paperwork, and the insurance company investigated your claim that you were badly injured. Then, a few weeks later, you got your response letter back: denied.
It’s a difficult answer to receive, but it doesn’t have to be the end of your benefits. Every employee has the right to dispute the denial and the decisions made about their benefits if they believe the decision was made in error. We all make mistakes, and if you don’t fight back, the mistakes the adjustor made could leave you in debt and struggling with your case.
If you received a denial, review that denial carefully. Often, the reason may be a lack of evidence, or a question of whether your accident happened at the workplace at all. You should get the chance to fight back against the insurance company, and you could receive the benefits you deserved after all.
You Have a Right to Get Help
Of course, all of this can be stressful. You’ve just been badly injured, and now you’re expected to fight back against your insurer or employer? That’s a lot on your plate while you’re trying to heal.
Fortunately, it’s recommended and, at times, even encouraged to have help to get the benefits you and your family need to survive. Consider seeking legal help before you fight back against the insurance company and your employer.
Getting the benefits you need isn’t easy, but if you know the Indiana work comp laws that will affect your case, you’re a step ahead already. Brush up on your Indiana laws, and you might have an approval on the way.