Last May, an injured dog walked into the emergency room at Community Hospital Anderson at around 5:00 a.m. Although the emergency staff are not veterinarians and were not trained to examine the dog, they rendered assistance as best they could, making him comfortable, getting him to the vet as soon as possible and making every effort to locate his owner. Because of this, the dog, who had been hit by a car, is back home after receiving medical treatment, and he is healing.
Isaacs & Isaacs personal injury attorneys wish fervently that every story we hear where another being is injured could turn out as well as Capone the dog’s story did. If you come to us for help after suffering an on-the-job injury or illness, we will do everything in our power to make sure that you get the workers’ compensation insurance benefits you need to recover and go forward in your life.
Why Do I Need An Attorney to Get My Workers’ Compensation Benefits?
Indiana workers’ compensation law is complicated. You should retain substantial medical evidence to support your claim. You must notify your employer of your injury or illness within 30 days, but it is best to notify your employer immediately. If you are out of work for more than one day, your employer must file a claim with its insurance carrier. After this, the insurance carrier will have to file the claim with the Indiana Workers’ Compensation Board. You will be notified within 29 days if your claim was approved or denied.
Even if your claim is approved, you may be eligible for benefits that the insurance company and your employer’s doctor may not tell you about. A knowledgeable attorney would be able to help you get the maximum benefits you are entitled to. In some situations where a third party is strictly liable for your injury, your attorney would know whether to file a lawsuit in addition to filing a claim for workers’ compensation.
Why Would My Workers’ Compensation Claim Be Denied?
Your employer could dispute your claim for several reasons, but the real reason might be to keep insurance premiums down. Even if your employer does not dispute that you were injured while doing job-related duties or that you have a job-related illness, the insurance company may dispute your claim. Insurance companies are expert in reducing and denying valid injury claims. They could give any number of reasons why your claim is invalid. Insurance companies are not known for being eager to pay fair claim settlements, no matter how much they collect in premiums.
Once you receive a letter stating that your claim is denied, you will have a time limit to file an appeal with the board. If you have not sought the help of an attorney who is experienced in the workers’ compensation claims process in Indiana, now would be a very good time to do so.
The first step in the appeal process will be a hearing before a workers’ comp judge or a non-binding mediation with an Ombudsman and the insurance carrier. If you cannot reach an agreement during the mediation, you can then file an appeal for a hearing before the judge. Because the insurance company employs insurance defense attorneys, you should also have an attorney to level the playing field. During the hearing before the administrative judge, you have a right to question witnesses and present evidence, and you will be expected to know and abide by the rules of the court, whether you have an attorney or not. If your claim is denied at this level, you have a right to file a form to have your appeal reviewed by the full Workers’ Compensation Board. The board will review evidence you submitted, but you will likely not be allowed to submit new evidence.
The sad truth is that, no matter how badly you are injured or how sick you are, winning your claim will be a job in itself, and it’s a job that requires experience and skill. The very best decision you could make is to contact a skilled and experienced workers’ comp attorney as soon as you are injured, or learn about your job-related illness. If you enlist legal help from the very beginning, your attorney would help you throughout the entire process. Also, your employer and the insurance company are less likely to work against you if they realize you have an attorney in your corner to defend your rights.
How Can I Afford to Hire an Attorney When I Cannot Work?
At Isaacs & Isaacs personal injury law firm, we respect hard-working people, and we want to do everything we can to make sure that injured workers get all the help they need. Your Isaacs & Isaacs Indiana workers’ compensation attorney will represent you on a contingency fee basis. If we don’t get you your money, we don’t get paid!
We are available around-the-clock for legal emergencies. Don’t delay getting the help you need. You can call our hotline at 800-800-8888, or fill out our online form for a free consultation and case evaluation with an experienced and aggressive Isaacs & Isaacs workers’ compensation attorney. We are on your side.